Unenforceability & Template Letters II

never-in-doubt

libbyjade wrote: »

but re the letter that has not been received by NCO/RCO (sent recorded delivery) they have already responded previously with an incorrect CCA. What has not been signed for by them now, is my actual dispute letter. Should I still send the CCA reminder? I thought this may be a step backwards?

The CCA reminder is for the amex case - not the crappy1 case. If you've already sent it then just hold fire for a few weeks.

libbyjade wrote: »

Also, Apex (for goldfish) are sending me contact letters saying they have not heard from me despite a number of attempts - latest one this month. (got a few of them all very similar going back to 09) However I have previously sent them a CCA request and a cca dispute letter in June & July 09.

On reflection, the address I have sent my 2 letters to are slightly different from their head office address at the bottom of their page, although the addresses I have sent them to have been contained in some responses so I imagine either address should suffice?

The addresses will be fine, did you get proof of postage? If not, then send them the CCA Dispute letter to put closure to things: 4. CCA Dispute

:D:D

never-in-doubt

ejc81 wrote: »

Hi all, I need some help in removing 3 defaults from my CR.

You'd be best starting your own new thread cos you'll have more chance of winning lottery than getting 3 defaults removed. Sorry, but once they are on - they are on! :eek:

ejc81 wrote: »

Lloydstsb CC defaulted 06, settled 07,

Settled or outstanding mean the same to potential lenders, the fact you have a default is bad enough. It will automatically drop-off your credit file 6 years from date of default - not date of settlement.

ejc81 wrote: »

Mint CC defaulted 06, settled 09

Same as above with Lloyds.

ejc81 wrote: »

1st credit defaulted 06 NOT settled as I didn't owe them anything in the first place. I sent two letters (not from templates) explaining this to them, got no response & thought it had been dealt with until I saw the default on my CR a few weeks ago <grrrh>

If you never had a debt then why did they default you? What is the settled amount or the amount you were claimed to owe at the time of default? If you are certain you're in the right then contact the ICO, FOS and the CRA's with this template (you will need to edit it to suit your needs): 7. Request copy of Default Notice - Formal Demand

ejc81 wrote: »

I also want to claim my card charges from lloyds & mint if possible but my main concern is to get rid of the defaults ASAP. I still have my current account with lloyds so feel I need to approach them with due care!

Defaults remain for 6 years - forget arguing these - no chance! Regards to claiming charges - see here: http://www.moneysavingexpert.com/reclaim/credit-card-charges

ejc81 wrote: »

Also was wondering that if I need to request info such as CCA etc, can I somehow manage to get the info I need for the default removed & card charges claim using the same letter? Would this just be CCA request or will I need statements etc aswell?

You send the CCA Request (1. CCA Request)to get the statements etc of the account, but regards to the default forget it mate - as explained above.

ejc81 wrote: »

I've paid the debts (except 1st credit as I'm not paying what I don't owe!) and the other accounts have been closed for a couple of years now. How difficult is this going to be & have I got any chance at all?

See above - makes no difference, you have adverse data so this will affect your ability to get credit until the adverse drops off sometime in 2012.

ejc81 wrote: »

Sorry if this is all covered elsewhere just everything I've read seems to focus on accounts that are still active/owing.

Yep cos this is an unenforceability thread, not default removal mate :whistle::whistle:

Good Luck

never-in-doubt

Afroking wrote: »

Hi People, I'm totally new to this blog though have been using the site in general for some years. I spent the whole of yesterday reading this thread only to find that I'm not alone. I have followed with keen interest and have just sent CCA request.

However, I have one particular question which appears no one on the thread is in my situation.

I had an HSBC mastered card pre-dating 2005. I went through a divorce and life went down hill. Stupidly I took out loans and CC in my sole name, so on divorce was left to sort it out by myself. Anyway that's just that. I missed payments on CC sometime in 2006 and debt was passed on to CL Finance, who defaulted me in 2006 but never ever received the default notice.

I'm n the process of moving home so went to an estate agent, they did a credit check and I was horrified to learn that CL Finance had CCJ'ed me through Howard Cohen and & Co, as per court information provided to me (I called the Court with ref number). I was unaware of this, anyway I rang Howard Cohen and state that no payments had been received on this acc so they took out CCJ. I had been sending check to Howard Cohen since 2008 as I received a call from them back in 2008. I had always sent a cheque with the reference number on the back that they provided me with.

I asked hem about these payments I have been making but as usual very unhelpful and only concerned with the CCJ account. I spoke to 3 different people at Howard Cohen and they all stated that I only have the one account with them and nothing else. I'm in the process of obtaining 2 of the cheques to prove that payments have been made. No way can I afford to buy copies of all cheques made payable to them since May 2008 until Oct 2009. I have not made any payments since Oct 09.

The the CCJ is currently registered at a previous address which I vacated in July 2007. At the time of moving I have a mail divert in place for 6 Months and had never received any warnings from Howard Cohen. Do I still got ahead to request CCA for this HSBC CC account? And I am able to dispute the CCJ in that I was never given a chance to defend myself. Please help.
Thank you in anticipation.

Hiya

What a nightmare - when did they add the CCJ? You missed the most important bit of info!

Basically, you can only appeal the CCJ by going back to the court that issued the CCJ. So ring them and explain your point - to be honest i'd be starting a new thread: Click here: Debt-Free Wannabe

CCA can be sent from page 1 of this thread but to be honest i'd start a new thread of your own and see what people come back with. Send a PM to 10past6 and tell him Niddy sent you - he may be able to help you with this as he is one of the resident experts on courts and CCJ's etc

Afroking

Hi never-in-doubt

Thanks for the advise. I'll mail 10past6 as advised. The CCJ was added on 12/2/2008.

Thanks

never-in-doubt

Afroking wrote: »

Hi never-in-doubt

Thanks for the advise. I'll mail 10past6 as advised. The CCJ was added on 12/2/2008.

Thanks

Hiya

Ok, your post makes sense now.

So to check i've got this right, you had an account and stopped paying in 2006, then you got a call in 2008 and agreed to send payments in - you've been doing so ever since have you? Please confirm? (if not when did you start to pay and when did you stop or is it still ongoing?)

Then in Feb 2008 you got issued a CCJ? I'd assume the CCJ was added prior to you commencing payments, what date in 2008 (roughly) did you start paying again?

To get copies of all cheques, simply SAR your bank - that costs £10 instead of £15 or whatever per copy statement/cheque.

Your bank will send you all statements within the SAR - on that note, i'd send a SAR to CL Finance or Howard Cohen (you SAR whoever you've been making these payments to) - Please confirm?

So, you would start by going here and sending the Advanced SAR Request and a tenner to your bank and to either Howard or CL (see above). 12. SAR Request

Afroking

hi again,

Youre super quick at replying. I do appreciate what you do, it's great even though at this stage I don't have high hopes.
Anyway I stopped paying back in 2006. Yes I got a call from them beginning May 2008. The first cheque i sent to them was for £20.00 dated 5 May 2008. The last cheque sent was for £10 date October 2009. So since October 2009 I have not heard from them at all.

The CCJ was added feb 2008 prior to me commencing payment.

Thanks again

Afroking

Ooops my SAR is Howard Cohen & co

never-in-doubt

Things may not be that bad - lets wait and see, chin up mate - stay positive :-)

can you clarify - you sent 2 payments only? Or several....?

If only 2 then forget sending for SAR's at this stage as it is a waste of £20.... p.s. dont start a new thread just yet i'll PM 10past6 and ask him to come here...

Afroking

I sent more than the two payments. So since the first cheque dated 5 May 2008 I have never missed a payment until the last cheque of October 2009. So in all I must have paid them about £200 or there abouts.

never-in-doubt

Afroking wrote: »

I sent more than the two payments. So since the first cheque dated 5 May 2008 I have never missed a payment until the last cheque of October 2009. So in all I must have paid them about £200 or there abouts.

Right that makes sense - nice one. What was the debt amount (the value to the CCJ?).... i'd also be looking at why you never received a Notice of Assignment, Default Notice/Notice of Termination (Termination Letter) or the CCJ - something doesn't seem right for all 3 legal documents not to have arrived, plus there should be abolsute assignments for each time the account was sold (if it was a simple assignment your CCJ may be inproperly executed) - i'll leave this to 10past6 to advise on if you don't mind. I've PM'd him to come and have a look here so hopefully later tonight he'll have contacted you or replied to this thread so make sure you subscribe to it.

At the moment prepare your advanced SAR for Howard Cohen and ensure there is a part in there to include details from any of their agents such as CL Finance. But as you paid Cohen they should provide copies of everything including your cheques or at least a record of the cheques received. Don't send it yet though, wait and see if 10past6 agrees with this action, he may decide not to do it.