Unenforceability & Template Letters II

never-in-doubt

leemuddywaters wrote: »

Sorry for posting numerous times on this, I really want to get letters off this week, just want to make sure Ive got it right before I do.

Thanks in advance

Hiya

Ok, if the date on your credit file shows a default in 2005 then just leave things alone and in 2011 they will drop off your credit file. Thats only a year away (for your mortgage) and then you can start afresh.....

Alternatively, you would be better dealing with each issue separately; for both accounts i'd be fighting the unlawful default (how could they comply with Notice Of Default process if you were 10,000 miles away!)..... But first just confirm the actual default dates then i'll be able to advise accordingly.

never-in-doubt

captainhaggis wrote: »

- you might want to consider avoiding them for another couple of years and having the debt statute barred (i.e. written off).

No can do matey - he's acknowledged the debt. It will sit there but the default will drop off after 6 years. So in essence he'd be best to just ignore them now, they cannot do anything else.

Basically, after 6 years the debt will still be 'there' but no trace of it will show on the credit file, so really it has no impact. Then you just have to sit out the usual 6yrs limitation period prior to it going statute barred - even though there is no trace on your credit file

captainhaggis

never-in-doubt wrote: »

No can do matey - he's acknowledged the debt. It will sit there but the default will drop off after 6 years. So in essence he'd be best to just ignore them now, they cannot do anything else.

Basically, after 6 years the debt will still be 'there' but no trace of it will show on the credit file, so really it has no impact. Then you just have to sit out the usual 6yrs limitation period prior to it going statute barred - even though there is no trace on your credit file

Dag nam it!

leemuddywaters

never-in-doubt wrote: »

Hiya

Ok, if the date on your credit file shows a default in 2005 then just leave things alone and in 2011 they will drop off your credit file. Thats only a year away (for your mortgage) and then you can start afresh.....

Alternatively, you would be better dealing with each issue separately; for both accounts i'd be fighting the unlawful default (how could they comply with Notice Of Default process if you were 10,000 miles away!)..... But first just confirm the actual default dates then i'll be able to advise accordingly.

Ok, NID, Firstly thanks for your response.

Right the info on experian is as follows:

Company name:
EGG BANKING PLCAccount type:LoanStarted:15/02/2005Default Balance:£4,775Current Balance:£3,570Defaulted On:28/03/2006File Updated for the Period to:08/11/2009Status history:
[] brackets indicate most recent months status [ ] What's this?



And also:

Company name:CAPITAL ONEAccount type:Credit card / Store cardSpecial Instruction Indicator:Partial SettlementSpecial Instruction Start Date:01/07/2009Started:25/07/2005Default Balance:£375Current Balance:SatisfiedCredit Limit History:£200 (04/07); Defaulted On:30/03/2007File Updated for the Period to:05/07/2009


The cap one is satisfied, only other entry on my file is my current account with overdraft which is sitting at 0 and 100% satisfactory.

What you think??

never-in-doubt

leemuddywaters wrote: »

Company name: EGG BANKING PLC.
Defaulted On:28/03/2006.

This default will drop off your credit file on 29th March 2012

leemuddywaters wrote: »

Company name:CAPITAL ONE
Defaulted On:30/03/2007

This default will drop off your credit file on 1st April 2013

leemuddywaters wrote: »

The cap one is satisfied, only other entry on my file is my current account with overdraft which is sitting at 0 and 100% satisfactory.

Makes no difference whether defaulted or not mate - its still a default. :mad:

soot1975

Hi Never In Doubt

I've requested a copy of my CCA dated 25/10/2009 from Cahoot and they replied (by email) saying they will only send to a copy of a UK registered address only....

Incidentially they have also failed to acknowledge or change my change of address letter for the Czech Republic dated August 2009.

1. Why are they refusing to send my agreement abroad?

2. What response can I provide to make them comply?

3. The time limit has passed, is this unenforcable and how can I respond?

My Request Letter is here:

Request for a copy of the Original Credit Agreement under the Consumer Credit Act 1974

Account No: 090644 xxxxxxxx

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77/78 of the Consumer Credit Act 1974.

I require you to provide me with a true copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days). You are reminded that should you fail to comply with my request; the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a personal cheque in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed timescales quoted.

Yours faithfully

never-in-doubt

why don't you just ignore them if you're out the country?

captainhaggis

never-in-doubt wrote: »

why don't you just ignore them if you're out the country?

That's exactly what I'd do.

If you have no assets in the United Kingdom that the lenders can try and obtain charging orders you have absolutely nothing at all to lose by just "vanishing" for six years. After that time the debt will disappear.

NID mate, any chance to have a look over that LTSB loan CCA from two pages back?

Cheers dude.

never-in-doubt

captainhaggis wrote: »

NID mate, any chance to have a look over that LTSB loan CCA from two pages back?

Cheers dude.

Hiya

Were you provided with a separate booklet (or pages) containing the Terms & Conditions of the Agreement?

If so, Section 61 (CCA1974) would mean the prescribed terms are not intact. By providing you with an Agreement to sign and the Terms & Conditions of the Agreement being separate, that you did not sign, the CCA may not be enforceable.

s.61 CCA1974 States:

A regulated agreement is not properly executed unless - A document in the prescribed form itself containing all the prescribed terms and conforming to regulations under s.60(1) is signed in the prescribed manner

Think that ought to get em matey, there is always something wrong with an agreement lol

leemuddywaters

never-in-doubt wrote: »

This default will drop off your credit file on 29th March 2012



This default will drop off your credit file on 1st April 2013



Makes no difference whether defaulted or not mate - its still a default. :mad:

Really! Worse than I thought then, any advice on a plan of attack? I spoke to a mortgage advisor on friday who's advice was to settle defaults and wait for a year before applying for a mortgage.

Would you say theres a fair chance if the accounts go back to 2005 they may not have all paperwork in-tact?

I've ceased payment to the DCA with the egg loan, concerned they may issue a CCJ.