Unenforceability & Template Letters II

BANNEDfromTV

Another query I have is that I sent a copy of the CCA Dispute - Illegible Copy Document Supplied letter to my credit card company almost a month ago now.
If they don't get in touch what would be my most appropriate next step in relation to my debt?

In the mean time they have continued to add interest to my account and remove a further payment from my bank.

DGJsaver

They wont take you seriously until you STOP paying them....

never-in-doubt

ejc81 wrote: »

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?

Thats exactly right, basically they are saying 'how do you know this when you don't have a credit report' - but you can simply send a £2 payment down with your last 6 years addresses and they'll respond in kind as appropriate.

never-in-doubt

St0lli wrote: »

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!

Will sort tonight for you, just getting ready for work so quick visit...

never-in-doubt

BANNEDfromTV wrote: »

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.

Why does it 'appear' to be unenforceable? It is or isn't lol.... send me a copy if you want clarity....

As explained earlier, if you have a good credit rating then don't risk unenforceability - not worth it. In your case, a good credit rating will be ruined for the sake of £1k per year (£6k debt / 6 year default).... but to other people, say those that owe £30k upwards, its then working out at a saving of £5k per annum over the 6 years so to them it is worth the default and no credit.

Make sense :D

BANNEDfromTV wrote: »

Another query I have is that I sent a copy of the CCA Dispute - Illegible Copy Document Supplied letter to my credit card company almost a month ago now. If they don't get in touch what would be my most appropriate next step in relation to my debt?

In the mean time they have continued to add interest to my account and remove a further payment from my bank.

As explained earlier above, the process would be cessation of payment but in your case i'd not recommend this. Whilst you keep on paying they know they can keep you waiting indefinitely, you stop paying they take you serious but at that point there is no going back cos they will mark your credit file with a payment late which does have an affect on your credit worthiness.

cejsmith

ejc81 wrote: »

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?

No I sent them a letter, telling them to remove any default information on accounts in dispute. I didn't ask them for a copy of my report.

never-in-doubt

cejsmith wrote: »

No I sent them a letter, telling them to remove any default information on accounts in dispute. I didn't ask them for a copy of my report.

Yes but sometimes you need the report to generate a complaint. i.e. how can you complain when you don't know what they hold about you.

Make sense?

shoestringbudget_2

Niddy 1 question.:)

All letters sent off in order requsting copy of credit agreements to all 13!
All sent back a pile of rubbish all agreements unenforcable., some sent nothing. All accounts put into dispute. All defaulted me (no problem).

So would you bother replying to the various 'threatening letters" from the various (in diguise) in house solicitors.. the usual suspects... OR would you just ignor the lot of them for 6 years.

I cant see the point keep sending letters to them and wasting the postage only to remind them of

"Section 127(1) of the Consumer Credit Act (CCA 1974) is subject to the restrictions imposed by sections 127(3) & (4).
Those subsections set out the circumstances in which the court shall not make an enforcement order under section 65(1) of the Act."

? what do you think... I dont just bin the letters I keep them all neatly in their sepreate files. I also read them just in case a "may" take legal action turn into a "will"..

Regards

Shoestring budget..for 6years to come (well 5 and a half ):eek:

Goodtimesahead

NID

My friend who I am helping SAR's Lloyds some months ago and they never sent any copy of the original CCA and now there is an court hearing in March for an Interim CO, they apparently got a Judgment in March 2009 but its not showing on any of his credit files? Question : can this Interim Charging Order be set aside on the grounds that the claimant has failed to supply a true copy of the CCA to the defendant, therefore until such time they do, then the debt is unenforceable in a court of law?

Further question: could Lloyds produce a copy of the CCA at the Court hearing without previously sending my friend a copy and if they did would the judge have to dismiss it as not admissable as they failed to provide a copy of the CCA at the time my friend SAR'd them?

never-in-doubt

shoestringbudget wrote: »

Niddy 1 question.:)

All letters sent off in order requsting copy of credit agreements to all 13!

:eek: :eek: LOL, how many! :rotfl:

shoestringbudget wrote: »

All sent back a pile of rubbish all agreements unenforcable., some sent nothing. All accounts put into dispute. All defaulted me (no problem).

Ok, fair doos......

shoestringbudget wrote: »

So would you bother replying to the various 'threatening letters" from the various (in diguise) in house solicitors.. the usual suspects... OR would you just ignor the lot of them for 6 years.

YES! You should follow process so if they get clever and try and take you to court, you have proof that you confirmed the account was disputed and unenforceable and until they rectified their position, it would remain so. Therefore if you wish to put closure to them, send the following which is self explanitory: 4. CCA Dispute

shoestringbudget wrote: »

I cant see the point keep sending letters to them and wasting the postage only to remind them of

See above - its cover to protect you legally - that's all. Just send one last letter, 13 times, and ensure you get proof of postage!

shoestringbudget wrote: »

"Section 127(1) of the Consumer Credit Act (CCA 1974) is subject to the restrictions imposed by sections 127(3) & (4). Those subsections set out the circumstances in which the court shall not make an enforcement order under section 65(1) of the Act."

Now you realise why this is my signature? No, yes, maybe....? lol

shoestringbudget wrote: »

? what do you think... I dont just bin the letters I keep them all neatly in their sepreate files. I also read them just in case a "may" take legal action turn into a "will"..

Good idea - keep them safe for the next 6 years.