Unenforceability & Template Letters II

Flower567

never-in-doubt wrote: »

Hiya

Can you confirm did you see this last reply?: #1810

Regards to the default, you knew they'd do this anyway - they always do and you cannot avoid it, that is what they refer to with RBS v McGiffick...... However, if you had sent in CCA requests (i.e. putting the account into dispute) then they cannot register anything, let alone a default!

I would be saying lets get them to remove the default, first and foremost but then i'm thinking you need to see the CCA before deciding what your next move is.... therefore do as you suggest and send copies of letters to date (including their reply) with the dispute letter.


Who was the original lender?

Hey NID

The original lender was Leeds and Holbeck Bank - the card was taken out years ago before the Leeds and Holbeck merged with Halifax.

Yes sorry, dont think I made myself clear regarding the default notice - I thought they would have done this when they sent the copy to me - but obviously would like to remove this if that is possible - I will resend the letters and will let you know once I receive a response!

Thanks.

never-in-doubt

libbyjade wrote: »

Hi Niddy,

I will try to be concise with this -

cca request sent to Apex - 10/06/09

letter from Apex advising my request has been forwarded to Goldfish to provide CCA 11/06/09

nothing further received, cca dispute letter sent by me - 17/07/09

what looks like an incorrect cca sent by Apex to me - 9/10/09 (It looks incorrect as there is no credit limit, signature box, it looks to me like a print out of t&c's and at the bottom of the 2 page doc there is a corner for the customer to fill out if they wish to cancel this agreement - this is blank)

Can I email you it tomorrow to look over please to give me a definitive answer, it'll be pdf you see?

Apex also forward copy statements on 14/10/09 (not actual copy statements but internal system generated statements) details include balance, credit limit, min pay due, pay due date, interest rates, statement dates & list of transactions.

Contact request letters sent by Apex to me asking me to get in touch Nov 09, Dec 09 & Feb 10.

If you don't mind looking at what they sent & advise me of what I do next por favor!!

Many Thanks

Hiya

What they sent is junk - nothing is enforceable which doesn't surprise me mate. Reply with this: 4. CCA Dispute

jadex

Firstly, let me say: what a fantastic thread it is!
So many helpful people on here. It is so refreshing...

I've spent a good few hours reading it through but due to its enormous length I would like to clarify one thing (which might be answered already, but I simply couldn't find it so sincere apologies if I am too thick...)
What I can't work out is:
On assumption it is a chancer (is it?) to check if one's debt is unenforceable (which I guess 90% or more is not....), should one sent CCA request(s) prior to offering token payments / reduced payments / final settlements offers / etc. or after that?
Or alongside?
If they (banks) receive CCA requests (knowing what it means as they are not that naive...) will they be still accomodating enough to agree to any offer after that?
Or will they agree anyway on the basis they can't have what one doesn't have?

I suppose there is no simple "yes or no" answer to my question...
Or is it?

never-in-doubt

jadex wrote: »

Firstly, let me say: what a fantastic thread it is!
So many helpful people on here. It is so refreshing...

I've spent a good few hours reading it through but due to its enormous length I would like to clarify one thing (which might be answered already, but I simply couldn't find it so sincere apologies if I am too thick...)
What I can't work out is:
On assumption it is a chancer (is it?) to check if one's debt is unenforceable (which I guess 90% or more is not....), should one sent CCA request(s) prior to offering token payments / reduced payments / final settlements offers / etc. or after that?
Or alongside?
If they (banks) receive CCA requests (knowing what it means as they are not that naive...) will they be still accomodating enough to agree to any offer after that?
Or will they agree anyway on the basis they can't have what one doesn't have?

I suppose there is no simple "yes or no" answer to my question...
Or is it?

Hiya

first off, what is your situation - it is hard to answer because I know nothing about you! If you say you have one card with £10k and that's all the debt you're in i'd say don't consider this cos it would ruin your credit file.

If you had 5 cards with £12k of debt and had a default or 5 already - then that's a different matter.

So, to answer you 'vaguely' you should send a CCA request before agreeing to anything or contacting a CCS/PayPlan type company as the debt may be unenforceable meaning higher amounts to enforceable debts....

Give me some history if you want personalised answer....

jadex

never-in-doubt wrote: »

Hiya

first off, what is your situation - it is hard to answer because I know nothing about you! If you say you have one card with £10k and that's all the debt you're in i'd say don't consider this cos it would ruin your credit file.

If you had 5 cards with £12k of debt and had a default or 5 already - then that's a different matter.

So, to answer you 'vaguely' you should send a CCA request before agreeing to anything or contacting a CCS/PayPlan type company as the debt may be unenforceable meaning higher amounts to enforceable debts....

Give me some history if you want personalised answer....

Thanks for so quick response (don't you sleep?)
Debt is cca £21k across 6 cards.
No payments have been made for the last 3 months (due to complicated circumstances, not that someone wanted to do a runner).
One default note has been already issued by the smallest creditor with the highest APR (Duet card - they are not better than loan sharks in my opinion as they were quick and fast to serve a note).
The other ones are Egg (the biggest one), HSBC, Barclaycard (x2), Capital1.
Plus I do not bother any longer about my credit file. It has been already ruined by someone else on my behalf and am not going to apply for a mortgage in foreseen future.

libbyjade

never-in-doubt wrote: »

Hiya

What they sent is junk - nothing is enforceable which doesn't surprise me mate. Reply with this: 4. CCA Dispute

Thanks again Niddy, I thought it was but glad you could look it over for me. I'll send this off off today and wait.... :whistle::whistle:

gill99

Hi there NID

I have another worry that I hope you can help me with, I have 1 loan with RBS that I have started the unenforceable loan process, I have just sent CCA dispute letter. I have also stopped paying this loan (this month being the first month) I have also opened a new current account with the Nationwide just in case it became difficult with my RBS account (not sure if this was necessary) anyway the Natwest/RBS collections dept keep calling me on my home phone,mobile, emailing etc. So far I have managed to avoid them but can you give me some advice as to what I should say or should I keep avoiding them, will they ever stop calling?

Your advice is as ever much appreciated

Gill

never-in-doubt

gill99 wrote: »

Hi there NID

I have another worry that I hope you can help me with, I have 1 loan with RBS that I have started the unenforceable loan process, I have just sent CCA dispute letter. I have also stopped paying this loan (this month being the first month) I have also opened a new current account with the Nationwide just in case it became difficult with my RBS account (not sure if this was necessary) anyway the Natwest/RBS collections dept keep calling me on my home phone,mobile, emailing etc. So far I have managed to avoid them but can you give me some advice as to what I should say or should I keep avoiding them, will they ever stop calling?

Your advice is as ever much appreciated

Gill

Hiya

send the following off:

Dear Sirs,

Account No: XXXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving calls and I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

Yours faithfully




Sign digitally

libbyjade

Hi Niddy,

By chance I've just had a call from Apex on my mobile (didn't know it was them when I answered as it was not a witheld number) and she asked if I was XXX XXXX and I agreed I was. Then she said she was from Apex and asked me security - address & dob, thinking on my feet, I gave false details. I wasn't sure if I've done the right thing or not and she sounded purturbed as I was the person she was looking to speak to. She also asked if I'd ever lived at any previous addresses & I said no.

She then apologised and said she would make a note that this number was not correct.

Have I done the right thing?? Just seemed really weird lying!! :A

If they ring my home tel, should I do the same thing??

never-in-doubt

libbyjade wrote: »

Hi Niddy,

By chance I've just had a call from Apex on my mobile (didn't know it was them when I answered as it was not a witheld number) and she asked if I was XXX XXXX and I agreed I was. Then she said she was from Apex and asked me security - address & dob, thinking on my feet, I gave false details. I wasn't sure if I've done the right thing or not and she sounded purturbed as I was the person she was looking to speak to. She also asked if I'd ever lived at any previous addresses & I said no.

She then apologised and said she would make a note that this number was not correct.

Have I done the right thing?? Just seemed really weird lying!! :A

If they ring my home tel, should I do the same thing??

Well done, you never lied but someone that you never know, rung your personal mobile questioning you and as you were unsure who it is, you simply answered in a way to protect yourself and your identity.

Well done you :T:T - keep up the hard work lol