Unenforceability & Template Letters II

Go_on_martin_lewis

HAHA ur funny.

but i really would like there to be some solid confirmation that this is whats happening. i dont want baliffs coming over and what not coz they still assume that they r correct???

because like this.. we havnt really won anything have we, or been succesful because im simply just not paying them back. there was no need for the letters if i am just goin to ignore the monthly statements..

never-in-doubt wrote: »

You can do but why bother? Let them send whatever they want, just bin them or send them all back once a month!

never-in-doubt

Go_on_martin_lewis wrote: »

HAHA ur funny.

but i really would like there to be some solid confirmation that this is whats happening. i dont want baliffs coming over and what not coz they still assume that they r correct???

because like this.. we havnt really won anything have we, or been succesful because im simply just not paying them back. there was no need for the letters if i am just goin to ignore the monthly statements..

There is a process and you correctly followed it. Debt avoidance is an entirely different prospect and to be honest, the fact you sent the letters first proves to the lender and any judge that this was not your intention - basically you asked, asked again and then thought 'sod this' so stopped payments in order to get them to listen to you - as they never you legally ceased repayment.

That looks a lot better than simply hiding. You have followed process and the lender can take no action and any bailiffs they send will be trespassing so you simply call the police to remove them from your property if they appear. The rules etc are here: Dealing with Bailiffs Harassment

never-in-doubt

astravanman wrote: »

Hi NID,
Received a response to our CCA from Hillesden Securities dca. They took over a Citi bank cc debt. Any thoughts or just sit back and wait?

Yes mate - most definitely!

---

astravanman wrote: »

We are still awaiting a copy of your original agreement and statement of account from the original lender. When these become available they will be forwarded to you.

Until such time no monies should be paid and the debt is lawfully unenforceable.

astravanman wrote: »

If we are unable to forward a copy of the original agreement, we will be able to supply a true copy of the document which will comply with section 77 - 79 of the CCAct 1974.

Yep but then you've confirmed that if you send me a copy, you won't have an original meaning i'll push you to take me to court in which case you'll be snookered cos you won;t be able to provide an agreement and if you do, i'll pose the question why did you send a recon when there was no need to - i.e. wasting court time

Bring it on - please send a copy lol :rotfl::rotfl:

astravanman wrote: »

We would like to draw your attention to the recent ruling in the case of McGuffic V RBS judgement dated 6 October 2009 in relation to "what is considered enforcement" ; the judgement stated that the bringing of proceedings is not enforcement. It follows that demanding payment is a step taken prior to the commencement of proceedings and therefore not considered enforcement. We will continue to report the account status to the CRA's as this is also not considered as enforcement.

I'd prefer to remind them that the McGuffick case (see below) is an entirely different entity and maybe they need to learn to understand case-law because this was a unique case and has no relevance on anything, other than the fact the judge did confirm that reporting to the CRA's was not construed as enforcement meaning the dca/oc can report the account as in default.

Taken from page 1 of this thread:

Originally Posted by McGuffick v RBS
This case was a unique case in its entirety being that there were specific exclusions to the norm. In a nutshell, the Judgment clarified that a lender can report account conduct (i.e a default) to the CRA's even though the debt is unenforceable.This is not the last of this, more to follow as and when we get updates.

Click me: Judgment for details and to read the judgement they refer to!

astravanman wrote: »

Whilst we may not be able to enforce the agreement until the documentation is provided, the monies remain outstanding and the underlying obligation to repay remains intact. In view of the above judgement the account will remain with our collections department for collection activity to continue.

Bollox - amateurs lol :rotfl::rotfl::rotfl:

never-in-doubt

fto wrote: »

Hi,
I have had a reply from natwest. They have sent me a badly scanned signed credit card application, i signed ten years ago, a load of terms and conditions ( no signature on them) & a statement.
The letter from them says:

In terms of CCA copy document regulations,the true copy requirement can be satisfied by providing a copy agreement at the date the card agreement was made and providing that plus a copy of the current terms of the card agreement.I have enclosed the s78 (1) information.


What do I do next....is this good news or bad.

Are the prescribed terms on the same page as the signature or not? If so then you need to pay, if not send the letter in red below (click the green link then scroll down to the relevant letter template):

16. Various CCA Query Letter 'Variations'
Variations of CCA Queries, i.e.
- CCA Dispute - Illegible Copy Document Supplied;
- CCA Dispute - Terms & Conditions Supplied;
- CCA Dispute - Copy Document Supplied;

never-in-doubt

bexiboo84 wrote: »

Hiya, in respect of this one below with the suggested letter, i have an outstanding default that was recenly discovered, wont be removed until March 2012. However if i sent the letter below what my chances of it being removed. Its with Virgin and a mobile contract, the default is £307.00. But how does the alternative line in the letter work in my favour?

Any help would be appreciated

ta

They wont remove it - you need to negotiate this prior to paying any money. As you've already paid, they will tell you to politely go and swivel.

astravanman

Go_on_martin_lewis wrote: »

HAHA ur funny.

but i really would like there to be some solid confirmation that this is whats happening. i dont want baliffs coming over and what not coz they still assume that they r correct???

because like this.. we havnt really won anything have we, or been succesful because im simply just not paying them back. there was no need for the letters if i am just goin to ignore the monthly statements..

never-in-doubt wrote: »

There is a process and you correctly followed it. Debt avoidance is an entirely different prospect and to be honest, the fact you sent the letters first proves to the lender and any judge that this was not your intention - basically you asked, asked again and then thought 'sod this' so stopped payments in order to get them to listen to you - as they never you legally ceased repayment.

That looks a lot better than simply hiding. You have followed process and the lender can take no action and any bailiffs they send will be trespassing so you simply call the police to remove them from your property if they appear. The rules etc are here: Dealing with Bailiffs Harassment

By following the procedures you're also sending out a message to creditors that you know the law & your rights and will not take any crap from them. By ignoring them they may assume you're simply cowering away so will probably pursue with more aggression in the hope you're ignorant of the law and crack under pressure.

tryingto

Hi,

I have been trying to wade through getting my credit agreements for what seems like forever and getting not very far in the process. I plan to work through them one at a time now, and finally stop making token payments depending upon circumstances with each one.

I wondered if anyone had any experience with Cahoot Flexible Loans and whether the agreement is enforceable? They are one of the few who actually sent me what seems like an agreement, but I am ashamed to admit I have had it for a long time and still can't work out whether the prescribed terms are covered on it/whether it is likely to be enforceable. Hoped someone might be able to help? Thanks very much.

mk1golf

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......

Hi N-I-D, just to let you know, I sent the CCA in dispute letter to Lloyds TSB, which they will have received on Tuesday. Today the Mother in Law had a woman on the phone from Lloyds asking if she was going to be paying her full monthly payment (normally it's about £260 a month) or just be making a token payment, the MiL told the woman that she had other bills that needed paying first, the woman really tried to get an answer from the MiL.....I've told the MiL that next time they ring, she needs to tell them to keep correspondence to letters only, I'll keep an eye on what they do and send the harrasment letter if it gets too much...I'll keep you upto date what happens...Ta

fto

Are the prescribed terms on the same page as the signature or not? If so then you need to pay, if not send the letter in red below (click the green link then scroll down to the relevant letter template):


Quote:
16. Various CCA Query Letter 'Variations'
Variations of CCA Queries, i.e.
- CCA Dispute - Illegible Copy Document Supplied;
- CCA Dispute - Terms & Conditions Supplied;
- CCA Dispute - Copy Document Supplied;

NO the t&c are seperate & are the current t&c.

burton_trade_kitchens

Hi NID
Can I just ask a quickie please???
Mercers are sending my debt to a doorstep collection company.
I have sent off your template letter to them and today they called saying they were well within their rights to do this because
* They were only chasing me for the arrears that have built up from the time I stopped paying the account, and not for the full balance that I am claiming is unenforcable.
Any thoughts ???
Cheers m8.