Unenforceability & Template Letters II

pepe2008

never-in-doubt wrote: »

Well do as above and see what happens, don't rush into anything cos it's better when lloyds sell the debt to a DCA as the DCA will accept reduced payments, Lloyds may sell it to them for as little as 8p in the pound meaning if she owed £10k she could offer £2500 and they may accept, yea she'd still have the default but at least the debt would be gone....

Unenforceability is also a good idea......

More than one way to skin a DCA ( to bas*ardise a well-known Quote:D).

Morning NiD, to add to my recent compo success with a DCA, I have just received a refund of Charges and Interest from another CC.... £320+ just because I asked (nicely) . Thats nearly £500 for just a few letters. Still waiting for news on the £7K debt currently under Complaint for lack of CCA, unreasonable, unfair etc.

Keep up the good work. Pepe

littlemissteapot_2

never-in-doubt wrote: »

Yes the info they sent is incorrect, you should send the CCA Query Letter; as posted earlier.

Did this and they sent the same form out as last time. Now they (Cabot) are ringing at all hours of the day demanding to speak to me as a matter of urgency. They even asked my mum to get ne up out of bed this morning so they could speak to me!!

I don't know where to go from here now.

donna_duck

Hi NID
I wld appreciate your advice please. I had a loan with Citifinancial and over the term i missed 6 payments. They agreed to put these to the end of the loan which was great. At the end of the loan term the branch told me i owed them £1589 and that it needed paying with immediate effect.This did not happen and was expalined to them that i could not pay in one payment but they said that they cld not accept instalments. Whebn i spoke to the lady at the branch a couple of times with regards to the outstanding debt she said that she could no longer deal with my account.
They passed the account to Hillesden in May 2006 who kindly defaulted my credit file.
I have since learned that the £1589 default was the extra interest incurred when the payments were missed!! and not the missed payments.

I do not remember getting a default notice from anyone but citi say that the default has been registered correctly and that they will not remove it from my file.
Is there anything that i can do ?????

never-in-doubt

littlemissteapot wrote: »

Did this and they sent the same form out as last time. Now they (Cabot) are ringing at all hours of the day demanding to speak to me as a matter of urgency. They even asked my mum to get ne up out of bed this morning so they could speak to me!!

I don't know where to go from here now.

Hiya,

Ok sorry I don't think we've actually spoke in detail about what they sent you - i've just assumed what they sent was incorrect based on your original post - maybe it's time to have a wee chat and find out what has happened to date, yea?

Ok, so back to your original post on this thread - as below:

littlemissteapot wrote: »

Hi all thanks for great thread. I sent the 1st letter to Cabot Financial (for argos card) and received a copy of "your application for the argos card" agreement & a letter from them stating that the had enclosed all the relevant information requested & saying that are now going to resume collection on the account. Is this correct? I'm so confused!!

and to top it off they ceased payment last month & when i have checked my bank account today they have taken 2 payments out today (the payments aren't due until 14th of each month) so I am now overdrawn!!

Please I need some help!!!

Thanks guys

1. When did you send the CCA Request to Cabot?
2. What did they respond with, and when?
3. Did you then respond to that - with the CCA Query letter?
4. Now they are hassling you by phone; do you live at home with parents?
5. When did you take the card out?
6. How much is the debt?
7. Have you any other debts; i.e. you know you'll end up with a default if you pursue unenforceability - don't you?
8. When did you last pay; was this payment a special agreement amount or the min payment?
9. Regards to what they sent you (the agreement);

a) Did it have your signature on the same page as the prescribed terms?
b) Did it have the prescribed terms (limit/interest rate & repayment schedule)?
c) Is it your original form, i.e. do you recognise it and is it handwriting or typed (i.e. online)
d) If it was online, does it have a tock-in-the-box instead of a signature?

If you can answer the above and provide some info then i'll be able to advise better - I initially just responded to your question but pursuing unenforceability may not be the best option for you, unless you are really up the creek without a paddle.....

Cheers

never-in-doubt

donna_duck wrote: »

Hi NID
I wld appreciate your advice please. I had a loan with Citifinancial and over the term i missed 6 payments. They agreed to put these to the end of the loan which was great. At the end of the loan term the branch told me i owed them £1589 and that it needed paying with immediate effect.This did not happen and was expalined to them that i could not pay in one payment but they said that they cld not accept instalments. Whebn i spoke to the lady at the branch a couple of times with regards to the outstanding debt she said that she could no longer deal with my account.
They passed the account to Hillesden in May 2006 who kindly defaulted my credit file.
I have since learned that the £1589 default was the extra interest incurred when the payments were missed!! and not the missed payments.

I do not remember getting a default notice from anyone but citi say that the default has been registered correctly and that they will not remove it from my file.
Is there anything that i can do ?????

Hiya

That's a nightmare - especially after paying back the loan! Can I ask, did you take Payment Protection and have they charged you for missed payments etc throughout the loan? I'm thinking to help, it may be worth PPI claiming/Charges claiming against them to recoup some money - but they will not usually remove a default, also why 4 years later does it bother you?

What is the actual default date on your credit file? Who registered the default? Was there an entry before the default from Citi showing as settled on the same day that Hillsden created a default entry?

The reason I ask the above is because if Hillsden added a default and you never received any paperwork or assignment papers then it is unlawful; similarly were you misled which resulted in a default? If so you need to cotact the FOS which will hit Citi with a £500 fine just by you complaining

Have a read here - see what you think.....

Invalid Default Notices - Default Removal

never-in-doubt

pepe2008 wrote: »

More than one way to skin a DCA ( to bas*ardise a well-known Quote:D).

Morning NiD, to add to my recent compo success with a DCA, I have just received a refund of Charges and Interest from another CC.... £320+ just because I asked (nicely) . Thats nearly £500 for just a few letters. Still waiting for news on the £7K debt currently under Complaint for lack of CCA, unreasonable, unfair etc.

Keep up the good work. Pepe

Good for you mate - the beers will be on you soon enough lol :beer: :beer:

I hope they compensate you over the £7k joke - that would be like, yow biatch - pay up or i'll get a court order :rotfl: :rotfl:

see how they like it

burton_trade_kitchens

Hi Never in Doubt
Hope you are well !!!
I recieved a call from Mercers acting for Barclaycard this morning at 7am :mad:
The supervisor I spoke to surprisingly advised me that credit cards are not covered by credit agreements and that my account was not classed as in dispute by Barclaycard...She went on to say that when you take out a Barclaycard you simply sign an application form which acts as your agreement with them...:rotfl::rotfl:

The muppets on the end of the phone at this company must think we are stupid as they seem to have absolutely no understanding of how the process works at all !!

However more to the point, I politely asked they only correspond by letter from now on and that I would be quite happy for them to take me to court if they wished.
Their reply was that if we had hit a stalemate and I was not willing to listen to them that they would now refere the case to a doorstep collection company.
Do I simply just send them a letter stating that I do not wish them to visit me at home and I will call the police etc???
Anything else I should include etc to stop them in their path??
Thanks for taking the time to help again
and enjoy yer beef dinna !!!!:beer:

never-in-doubt

burton_trade_kitchens wrote: »

Hi Never in Doubt
Hope you are well !!!
I recieved a call from Mercers acting for Barclaycard this morning at 7am :mad:
The supervisor I spoke to surprisingly advised me that credit cards are not covered by credit agreements and that my account was not classed as in dispute by Barclaycard...She went on to say that when you take out a Barclaycard you simply sign an application form which acts as your agreement with them...:rotfl::rotfl:

The muppets on the end of the phone at this company must think we are stupid as they seem to have absolutely no understanding of how the process works at all !!

However more to the point, I politely asked they only correspond by letter from now on and that I would be quite happy for them to take me to court if they wished.
Their reply was that if we had hit a stalemate and I was not willing to listen to them that they would now refere the case to a doorstep collection company.
Do I simply just send them a letter stating that I do not wish them to visit me at home and I will call the police etc???
Anything else I should include etc to stop them in their path??
Thanks for taking the time to help again
and enjoy yer beef dinna !!!!:beer:

Wait til they send it to the doorstep collections then send them, this:

Dear Sirs,

Account No: XXXXXXXX

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date. Should it be your intention to arrange a doorstep visit, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully




Sign digitally

Full details found here mate: Dealing with Bailiffs Harassment

donna_duck

Hiya

That's a nightmare - especially after paying back the loan! Can I ask, did you take Payment Protection and have they charged you for missed payments etc throughout the loan? I'm thinking to help, it may be worth PPI claiming/Charges claiming against them to recoup some money - but they will not usually remove a default, also why 4 years later does it bother you?

What is the actual default date on your credit file? Who registered the default? Was there an entry before the default from Citi showing as settled on the same day that Hillsden created a default entry?

The reason I ask the above is because if Hillsden added a default and you never received any paperwork or assignment papers then it is unlawful; similarly were you misled which resulted in a default? If so you need to cotact the FOS which will hit Citi with a £500 fine just by you complaining

Have a read here - see what you think.....

Hi NID ,
Many thanks for your reply
The default has only come to light as we are trying to get a mortgage on another house and have been turned down so we decided to get copies of our credit reports. I am certain we had PPI insurance on the loan so my next step will be to write to them with regards to this.
The letter from Citi states that my account was sent to Hillesden in May 2006. Hillesden then defaulted my account on the 16th May 2006!!!!!! How much warning could they have given me?
I know Citi have been fined in the past for PPI insurance so will defo give that letter ago,Who do i write to next with regards to the default? Will it be Hillesden as they are the ones showing on my redit report?

Wispa1

HI NID - please can you point me in the right direction. Lloyds TSB have sent me 2 typed agreement with all the prescribed terms etc etc, no sigs and nothing with my handwriting on so the agreements could relate to anyone if my typed details were not at the top. Which letter do I need to respond with please - letter 3 cca dispute, T& C supplied or is there any other. I noticed there did used to be a "typed agreement letter" on here before but it has now gone. Please can you advise & many thanks in advance