Unenforceability & Template Letters II

ejc81

never-in-doubt wrote: »

Afterthought - we could always SAR CapQuest to get a copy of the letter they sent you, so don't worry if you've binned it.

Just let me know what you want to do and whether you can find anything, if you can then we'll start on 1st Credit - otherwise it means SARing CapQuest and waiting a few weeks til they respond.

OK *climbs out from under the of paperwork* I've found the letters I sent them & the copy of the Capquest settlement offer...BUT it just got more complicated

It wasn't 1st credit I wrote to it was Connaught Collections UK LTD, Re: 1st Credit - HFC Debt £668.32!

Do you think any of them know who owns this debt coz it ain't me lol. Anyway 1st letter sent oct 07 no response, then got demand march 08 I replied within days both times and have heard nothing from connaught since.

The default was added to my CR by 1st credit on April 09 and I have just found a letter from 1st credit re HFC dated sep 09 introducing their DEBT HELP TEAM:rotfl:

So if connaught were collecting on behalf of 1st credit and I've obviously disputed it. Where does that leave me? Or them? I'm thinking stern letter to 1st credit including all the previous stuff I sent connaught?

Locke

Is there a thread talking about successes people have had?

I've got quite a few cards dating back years I'd like to become unenforceable but something is holding me back from taking the plunge.

never-in-doubt

ejc81 wrote: »

I'm thinking stern letter to 1st credit including all the previous stuff I sent connaught?

I agree, try that and see what happens..... if you post specific dates and amounts etc then i'll sort you a letter tomorrow night....you need to give me as much info as poss so I get the facts right.

never-in-doubt

Locke wrote: »

Is there a thread talking about successes people have had?

I've got quite a few cards dating back years I'd like to become unenforceable but something is holding me back from taking the plunge.

You're on it lol :rotfl::rotfl:

If you're already defaulted then you have nothing to lose, if you're not then think long and hard because you will get defaulted no matter what. Part of the process usually means cessation of payments

Locke

never-in-doubt wrote: »

You're on it lol :rotfl::rotfl:

If you're already defaulted then you have nothing to lose, if you're not then think long and hard because you will get defaulted no matter what. Part of the process usually means cessation of payments

I haven't defaulted yet, but if I request my CCA and it turns out to be unenforceable then can they still default me? Would I be able to get this wiped off as my account is in dispute?

I appreciate your help, I've just started reading the thread from the beginning and I'm trying to get my head around it all.

never-in-doubt

Locke wrote: »

I haven't defaulted yet, but if I request my CCA and it turns out to be unenforceable then can they still default me? Would I be able to get this wiped off as my account is in dispute?

I appreciate your help, I've just started reading the thread from the beginning and I'm trying to get my head around it all.

Hiya

If you request a CCA usually the lender will stall and you won't get it in the prescribed time (12+2 days) so the lender enters default and you can stop paying. If they have not defaulted you, they will as soon as you start to withhold payments - yes they can do it, as shown on page 1 (McGuffick v RBS case)....

That's why normal people not at their wits end don't bother with it, unenforceability should be considered as a last stance - i.e. you're at the end of your tether and have nowhere to go and no money to pay. If you're up to date with payments then bear in mind a default stays for 6 years....

Obviously, if you have £90k of debt and it can be made unenforceable, then I guess it is up to you whether you pay for the next 40 years or stop paying and have limited credit for 6 years until the default drops off. See what I mean? :D

St0lli

Hi Niddy, I've just sent you an email regarding my CitiCard / Clarity query. Can you have a look at it when you get some spare time please?

Ta muchly!

cejsmith

I've got a few defaults now and they are due to them being unenforcable agreements, I've tried writing to the major credit agencies, experian have put a note on the file saying that certain items are in dispute, but today i had a letter from equifax saying in didn't have a credit record!!! I must pay them to get one before they will look at my request!!!

That can't be right can it????

ejc81

cejsmith wrote: »

today i had a letter from equifax saying in didn't have a credit record!!! I must pay them to get one before they will look at my request!!!

That can't be right can it????

I wish I didn't have a credit record lol

Do they not mean that you have to make a statutory request? ie send them £2.00 and a form to get your credit report?

BANNEDfromTV

Has anyone had success at having their debt wiped out and the default removed from their credit file due to disputed agreement?
I have an agreement with Halifax which appears to be unenforceable and the debt owed is a modest £6k.

My credit score is excellent at present and I'd be willing for it to be taking a hit for a year or so if the default could be removed due to a disputed agreement. I'm wondering whether it is just best to clear the debt but £6k is not chump change to be fair.