Unenforceability & Template Letters II

CeeBeeDeeBee

Hi NID

Not been in this thread for a while as I am soon going BR.

Anyway I have had the funniest letter today from Collect Direct about a M&S credit card debt which you believe is enforcable.

"Despite our previous communications, your debt has not been discharged at an acceptable rate to our clients.

Unless payment is recieved..... instructions may be passed to a local private investigator ! to make all necessary enquiries prior to issuing proceedings in the County Court for you to be Orally Examined under oath.

We may also make a search of H M Land Registry with a view to placing a CHARGING ORDER on your property and existing chargees may also be informed of the further charge.

The above enforcement action may be taken against you following a successful County Court Judgement and continued non-payment etc..."

There you go - it looks like I'm going to have Magnum on my case lol

never-in-doubt

CeeBeeDeeBee wrote: »

Hi NID

Not been in this thread for a while as I am soon going BR.

Anyway I have had the funniest letter today from Collect Direct about a M&S credit card debt which you believe is enforcable.

"Despite our previous communications, your debt has not been discharged at an acceptable rate to our clients.

Unless payment is recieved..... instructions may be passed to a local private investigator ! to make all necessary enquiries prior to issuing proceedings in the County Court for you to be Orally Examined under oath.

We may also make a search of H M Land Registry with a view to placing a CHARGING ORDER on your property and existing chargees may also be informed of the further charge.

The above enforcement action may be taken against you following a successful County Court Judgement and continued non-payment etc..."

There you go - it looks like I'm going to have Magnum on my case lol

Is that what you decided was best for you, to go BR? If so, all the best - it could be a blessing in disguise.... by the way, the letter you got should be framed and used in cases to determine what a lender CANNOT do! :rotfl:

Hope everything works out ok for you, keep us updated please.....

CeeBeeDeeBee

Hi HID having too'd and fro'd for ages I have decided BR is realistically the only way to go to clear the business debts. Once that is done we can look at my wifes debts as she is now on a DMP with the CCCS.

The letter really made me laugh this morning - the wild threats and all before they say 'thats once we have a CCJ' lol

Thanks for all your help so far re bailiffs and all

Afroking

Hid, I have a few queries regarding my CCA request as following:

1. Wescot have come back to me stating that they require the last three addresses at resided at. The reason for this is so that they are not in breach of the data protection act. They want a reply within 7 days. Their letter is dated 17 Feb 2010.

2. I have also received a copy of my argos store card from Cabot Financial. The copy (not original) application enclosed shows my signature and at the top states that 'Credit Agreement Regulated by the Consumer Credit Act 1974.' However, the terms and conditions are on a separate paper, i.e not attached to the document I signed. It appears the terms and conditions are current. And there is no credit limit as it's an application.

Does this mean that the argos debt in enforceable as my signature is on the application form.

In their letter Cabot state that they do not accept the statutory fee which they have returned to me.

The letter further states thatthey have now provided the information requested under CCA 1974 which now allows them to resume collection on my account and to enforce the credit agreement.

Thank you.

chinawhite_2

never-in-doubt wrote: »

Put simply, is the signature (yours) on the same page as the prescribed terms, more importantly are they linked to it, like on the back or page 1 or 2 etc? If so then possibly enforceable but would need to see it to be sure....

If not then it is unenforceable and you send back letter 3. CCA Query

Hi thanks NID, it is definitely my signature, no question there the sheet with the prescribed terms looks like a photocopy and is separate but I have no way of knowing if it was ever attached to the application form because it was so long ago !!! Will do my best to sort scanner out and get a copy posted

thanks:)

never-in-doubt

chinawhite wrote: »

Hi thanks NID, it is definitely my signature, no question there the sheet with the prescribed terms looks like a photocopy and is separate but I have no way of knowing if it was ever attached to the application form because it was so long ago !!! Will do my best to sort scanner out and get a copy posted

thanks:)

Sorry, please confirm - the signature is NOT on the same page as the prescribed terms? Please be specific I need to know this....

Also, look at the terms and tell me what the charge is for a missed payment or an overlimit charge...... and roughly when you took the card out?

from that i'll have a good idea :eek: sadly enough lol

never-in-doubt

Afroking wrote: »

1. Wescot have come back to me stating that they require the last three addresses at resided at. The reason for this is so that they are not in breach of the data protection act. They want a reply within 7 days. Their letter is dated 17 Feb 2010.

Can you confirm - have they written to you before asking for payment if not, how are they even involved?

Afroking wrote: »

2. I have also received a copy of my argos store card from Cabot Financial. The copy (not original) application enclosed shows my signature and at the top states that 'Credit Agreement Regulated by the Consumer Credit Act 1974.' However, the terms and conditions are on a separate paper, i.e not attached to the document I signed. It appears the terms and conditions are current. And there is no credit limit as it's an application.

Ok, you need to send this letter back: 3. CCA Query

Afroking wrote: »

Does this mean that the argos debt in enforceable as my signature is on the application form.

Nope - far from it mate..... see above

Afroking wrote: »

In their letter Cabot state that they do not accept the statutory fee which they have returned to me.

Cool - they done it for free, how nice of them :D:D

Afroking wrote: »

The letter further states that they have now provided the information requested under CCA 1974 which now allows them to resume collection on my account and to enforce the credit agreement.

Yea yea - they always say that! :rotfl:

Don't worry, they will try and recommence collections - they always do, but they will not be able to go to court which is the main thing. Send the above letter and ignore their other comments - they talk !!!!!! 99% of the time to be fair.

Afroking wrote: »

Thank you.

Anytime - regards your PM I need you to upload the images via imageshack before I can see them.....

underworld

Hi NID, seem to have the same problem as above but from Lloyds....

The copy (not original) application enclosed shows my signature and at the top states that 'Credit Agreement Regulated by the Consumer Credit Act 1974.' However, the terms and conditions are on a separate paper, i.e not attached to the document I signed.

I've uploaded it to photobucket but can't post a link as not enough posts

underworld

photobucket.com/home/underworld_44

Afroking

never-in-doubt wrote: »

Can you confirm - have they written to you before asking for payment if not, how are they even involved?



Ok, you need to send this letter back: 3. CCA Query



Nope - far from it mate..... see above



Cool - they done it for free, how nice of them :D:D



Yea yea - they always say that! :rotfl:

Don't worry, they will try and recommence collections - they always do, but they will not be able to go to court which is the main thing. Send the above letter and ignore their other comments - they talk !!!!!! 99% of the time to be fair.



Anytime - regards your PM I need you to upload the images via imageshack before I can see them.....

Hi Niddy,

Thanks again for your ever quick reply.
Re: Wescot, I took out a loan with (AA) under BOS. Apex had the debt initially and I had been paying Apex £10.00 per month up unil end of October 2009. Since November 2009 I had been paying £1. I sent CCA request to Apex last week (13/2/10). They returned my cheque for £1 stating that the debt was not with them. At the same time I had sent CCA request to Wescot I was not aware that it was for the same debt. Wescot first sent me a letter early Jan 10 threatening court action. they then sent another one early feb 10 threatening court action. I was really never informed by Apex that the debt had been sold on to Wescot. I have not acknowledge anything to Wescot nor have I made any payments to them.



Thanks.

PS. I'll post the copy letters from Cabot and will definitely send letter 3 recorded.