Unenforceability & Template Letters II

ELMA97

hi NID
Em, have come off my dmp from last month, and you had said my application form they sent me eventually, looked enforceable so you had said take a gamble and don't pay or set up a payment plan. If I pay nothing they will probably go straight for a ccj as the debt is climbing cause of interest and is now around 13k. so was thinking of paying them a small amount cause if it did go to court as prob enforceable at least the court sees I was paying something I guess- yes or no, getting confused myself now.

My dad missed 2 months payment due to being very sick, and then I sent the cca off, so in this case then I take it the dca can default?
thanks,

never-in-doubt

ELMA97 wrote: »

hi NID
Em, have come off my dmp from last month, and you had said my application form they sent me eventually, looked enforceable so you had said take a gamble and don't pay or set up a payment plan. If I pay nothing they will probably go straight for a ccj as the debt is climbing cause of interest and is now around 13k. so was thinking of paying them a small amount cause if it did go to court as prob enforceable at least the court sees I was paying something I guess- yes or no, getting confused myself now.

My dad missed 2 months payment due to being very sick, and then I sent the cca off, so in this case then I take it the dca can default?
thanks,

Hiya what is EM? Sorry, you need to elaborate (lots happened since then)....

Regards to your dad, they cannot default after just 2 missed payments - usually they allow 3 (although they can default after 1 late payment, it is not the norm and frowned upon by the governing bodies) then they send a Notice of Intended Action followed by the default notice.... this alone should have given at least 14 days - have you received anything and have they definitely added a default on his credit file?

ELMA97

hi
em-was just was me saying em okay(phrase)- nothing meant by it, lol. I was just saying re:hbos cc, after you said appl form looked enforceable I should take a gamble hoping they won't have original, though they did send a photcopy of what looked to be the original or.. pay. so from your advice I think I may pay something just so it looks good that I was at least paying something even if it is only £20 or so.(I don't know if things work that way or not)

The letter was a default letter wanting full amount, haven't checked his credit file yet. Though like I said a/c on hold at present. cheers for advice.

mk_chatham

Hi All

I found this thread after going through the 'Bankruptcy' and 'Debt-free' boards. I have been really struggling with debt for a couple of years, paying what I could afford back by way of a self administered DMP. Two creditors were OK to deal with and eventually stopped adding interest but LloydsTSB, well .......

I was seriously considering personal bankruptcy, I stopped all payments in Dec 09 so I could start to save for the BR fees, then found this thread.

3 x CC - Mint(RBS Advanta), Marbles, LTSB Advance - all with defaults - total £ 34K

1 x Current A/c £ 600 o/d, LTSB - no longer using

After reading through this WHOLE thread, only took me 4 days LOL, I think it's worth the 3 x £1.50 or so to start this process off. Absolutely nothing to lose, time to make them sweat a little ...:p

If they ALL come back as unenforceable, maybe ? who knows , then I will pay off the o/d and not have to go down the BR route, if they ALL don't, then BR it is.;)

As far as I am concerned I have paid back all that I have borrowed, and more, and when the time came to help ME, well you all know how helpful our banks can be, NOT !

Will keep the board posted as to my progress.

Bye for now.

yenool

Should I be including a disclaimer along the lines of 'I do not acknowledge any debt to your company' or similar along with the CCA request?

If not why not? I'm a bit confused as to why some people recommend that and others do not?[FONT=&quot][/FONT]

never-in-doubt

Good Luck - make sure you move your current account away from any of the lenders you CCA and bear in mind when you cease repayment they will default you. But first step, send the CCA Request from page 1 and remember the £1 and also send it registered, one CCA for each account.

never-in-doubt

yenool wrote: »

Should I be including a disclaimer along the lines of 'I do not acknowledge any debt to your company' or similar along with the CCA request?

If not why not? I'm a bit confused as to why some people recommend that and others do not?

No need. Its always alleged until you make payment or acknowledge the fact it is yours - right now you're trying to establish the facts so don't go adding silly disclaimers, there is really no need.

never-in-doubt

mk_chatham wrote: »

1 x Current A/c £ 600 o/d, LTSB - no longer using.

You cannot CCA bank accounts - they do not conform to the CCA1974 (s.78)

mk_chatham

never-in-doubt wrote: »

You cannot CCA bank accounts - they do not conform to the CCA1974 (s.78)

Yes, I realise that, I just put that in for (your) information, after reading the WHOLE of this thread, some of your 'wise words' have sunk in :rotfl:

ejc81

never-in-doubt wrote: »

You cannot CCA bank accounts - they do not conform to the CCA1974 (s.78)

You could however SAR them for all information which is likely to include piles of unfair bank charges and also get you the CCA for any credit cards you held with them at the same time