Unenforceability & Template Letters II

DGJsaver

yeah , i hear you mate , ignore me everyone !!! yes , bad day , headache , raining outside blah blah !

never-in-doubt

DGJsaver wrote: »

yeah , i hear you mate , ignore me everyone !!! yes , bad day , headache , raining outside blah blah !

Phew, sorry mate thought i'd slipped up somewhere and told the wrong advice :eek::eek: You had me worried for a minute! If you get confused, sit back and think about the simple process and you'll always come up trumps :D

gems3286

Hi All,

Needing a little help.

I had sent of my letter requesting my cca from lowells in nov 09. They then sent me a letter stating that they would have to get in touch with the orig debt company to get this and that they would let me know as soon as they found this.

Didn't here anything from them at all so last week i sent them the reminder letter. Then yestersay got a letter back say that the oirg debt company could not find the cca as it was an old debt and that they would now close this and not come for further payment unless they could find the cca.

just wondering what do i do now? I.e i know i don't pay anything but i just dont want them to come back to me in a years time and say they have found it now and that i have to pay it off.

Any help would be great.

Cheers

Gem

DGJsaver

never-in-doubt wrote: »

Phew, sorry mate thought i'd slipped up somewhere and told the wrong advice :eek::eek: You had me worried for a minute! If you get confused, sit back and think about the simple process and you'll always come up trumps :D

The best advice mate , and i agree , its just easy to start panicking and over examine everything and then start waffling (as you can see!!)

have you had a chance to take a peek at the mountain of loan agreement stuff i sent you yet mate ?

never-in-doubt

gems3286 wrote: »

Hi All,

Needing a little help.

I had sent of my letter requesting my cca from lowells in nov 09. They then sent me a letter stating that they would have to get in touch with the orig debt company to get this and that they would let me know as soon as they found this.

Didn't here anything from them at all so last week i sent them the reminder letter. Then yestersay got a letter back say that the oirg debt company could not find the cca as it was an old debt and that they would now close this and not come for further payment unless they could find the cca.

just wondering what do i do now? I.e i know i don't pay anything but i just dont want them to come back to me in a years time and say they have found it now and that i have to pay it off.

Any help would be great.

Cheers

Gem

Hiya

The debt is unenforceable until such time they present the original agreement, if they cannot find it now it is highly unlikely they will find it in a year and even if they do, we'll find fault with it - don't worry about that!

So, well done - another unenforceable debt :D

Sit back and relax, forget them now.

never-in-doubt

DGJsaver wrote: »

The best advice mate , and i agree , its just easy to start panicking and over examine everything and then start waffling (as you can see!!)

have you had a chance to take a peek at the mountain of loan agreement stuff i sent you yet mate ?

I check tonight mate when at work, bear with me..... don't you have a personal email/pc at home cos you're not online, when I am lol :D

DGJsaver

lol , i know mate , our lappy at home is a think pad from about 1999 and takes 3 days to boot up thats why im always on during the day , that am im a workshy get....!

AndyLGR

never-in-doubt wrote: »

Its up to you! Have they defaulted you? Is it your only debt or do you have several? No-one can tell you what to do, read page 1 and then from that make your own decision.

It already was defaulted by cap 1 about 3 years ago, then it went to the DCA, it currentl stands at approx £1500 with the standing order paying £25 per month.

monlou

Hi There


I sent the Template letters to Moorcroft on the 23rd January 2010 and i got a reply from them dated the 29th January stating that they had forwarded my letter to Freemans requesting the CCA. I then get a letter from freemans dated the 5th Feb stating that my CCA will be sent to me. So far i havent recived any thing in the post. But i got a letter from Moorcroft stating that there client has ordered a copy of my agreement which should be with me shortly and they will recommence collection after a period of 7 days from the date of letter (11th Feb).
My question is do i write another letter stating that i havent received the CCA?
And can they commence collection even though i havent received the CCA? I have advised payplan not to make payment until i have received the CCA.

Thanks

never-in-doubt

AndyLGR wrote: »

It already was defaulted by cap 1 about 3 years ago, then it went to the DCA, it currentl stands at approx £1500 with the standing order paying £25 per month.

Right well if the CCA is unenforceable (including if they default by not responding) then you cease repayments - that's for sure. You have nothing to lose, at the end of the day you'll be paying for years yet after the default is 6 years old it drops off anyway!

Its up to you but if it was me, i'd be stopping payments.