Unenforceability & Template Letters II

sagat

The barclays one was about 1998 and about 2000 (this is for a current account tho), and the MBNA about 2003 I reckon (with just over 1000). Both went into default around May last year.

never-in-doubt

chinawhite wrote: »

You have the patience of a saint :A thanks for the continued help

Ok, send the letter as directed previously. All agreements should be signed by both the creditor and debtor in order to fulfil legal compliance.

It is not signed by them = unenforceable.

Yes, well you need to get the facts or things can go wrong, that's why I say to people no two cases are the same and to treat each as its own entity as blanket letters are not always suitable....

However there are lots of ways to make an account unenforceable, as you've now just learned

never-in-doubt

sagat wrote: »

The barclays one was about 1998 and about 2000 (this is for a current account tho), and the MBNA about 2003 I reckon (with just over 1000). Both went into default around May last year.

You cannot invoke or utilise unenforceability with bank accounts (overdrafts) which are exempt from s.78.

If the only debt you have is £1k then is this really worth the hassle? I sincerely think now mate - best to let them just drop off naturally after 6 years (since default date)

chinawhite_2

never-in-doubt wrote: »

Ok, send the letter as directed previously. All agreements should be signed by both the creditor and debtor in order to fulfil legal compliance.

It is not signed by them = unenforceable.

Yes, well you need to get the facts or things can go wrong, that's why I say to people no two cases are the same and to treat each as its own entity as blanket letters are not always suitable....

However there are lots of ways to make an account unenforceable, as you've now just learned

Thanks again, so just to be sure :cool::p the rubber stamp thingy doesnt count as signature on their behalf ????

never-in-doubt

chinawhite wrote: »

Thanks again, so just to be sure :cool::p the rubber stamp thingy doesnt count as signature on their behalf ????
Of course not lol

Come on, what do you think? :rotfl::rotfl::rotfl:

never-in-doubt

chinawhite wrote: »

Thanks again, so just to be sure :cool::p the rubber stamp thingy doesnt count as signature on their behalf ????

Its almost as though you're talking yourself out of things - just send the letter off and see what they come back with - obviously the last thing you want is court so if they threaten it then you consider your options.... you really don't want to be the presedent for test cases do you lol? :rotfl:

vickie_xx

never-in-doubt wrote: »

Hello and welcome :T :T :T



Ok, almost statute barred anyway.... don't worry about this right now though.



The DCA may have added charges - these are not payable, only the original amount would ever become due if push came to shove.



Wrong! You now need to tell me

1. Who is the mobile company?
2. Who is the DCA?

I won't go on too much about this right now, but don't worry - they are talking !!!!!!!



:rotfl::rotfl::rotfl::rotfl::rotfl:



My laughing smiley says it all - this is a joke and i'll sort them out for you, hold fire......



Have they responded to you? The DCA I mean? Can you actually scan their letter and let me read it then i'll compose you a reply to them ripping them a new "A" Hole :eek:



6 years from date last payment received so one month + 6 years after you last paid the bill.



Send nothing yet, i'll sort you a letter to send within the next 3 days.... just be patient (i'll message you on here with a link to it)



All you need to do is send 3 letters; one to the DCA, one to the lender and one to the CRA's. I assume he has seen his credit file, is there a default registered? If so please confirm the date of default and who added it.



Please post back with answers and a copy of the letter (or type the main bits out for me) - then i'll sort you the letters to send off which will end this once and for all.

Final question, you need to be 100% upfront here - did he have the contract? Have you asked the mobile company what bank account paid the DD and then for the bank details they hold on record? This is what i'd be doing, but not now - will come back to this later depends what your reply states.....

Cheers - main point here, do not worry ok?

#

Hiya!!

Many Thanks for a quick reply!

We have NOT sent anything out in the form of a letter, just several phonecalls, which we have made tp the DCA

DCA - Roxburghe
Mobile Company - 3G

My husband is almost sure he has not had this particular contract, he had one with them in 2007-2008 which was paid up and cancelled with 3g accordingly

As 3 only say they have details of the 2007-2008 contract and no other rthey cannot give details of payment??

I will get him to contact CRA for default notice enquiries as we have not rec'd any notices

chinawhite_2

never-in-doubt wrote: »

Its almost as though you're talking yourself out of things - just send the letter off and see what they come back with - obviously the last thing you want is court so if they threaten it then you consider your options.... you really don't want to be the presedent for test cases do you lol? :rotfl:

Thanks, will see what they come back with and keep you posted :beer:

St0lli

Hi Niddy

Just a general query... I've just received a response from Citi Cards saying they are looking into my complaint blah blah blah it says that if I'm not satsified with they way they deal with it I may refer my complaint to the Finance and Leasing Association.
Alternatively, after eight weeks (or sooner if you have received our final response) you may exercise your right to refer your complaint to the Financial Ombudsman Service.

Is this correct? If they title a letter final response then that's it? They really don't have to enter into any further correspondence?
As I said its just a general query but thought you may be able to clarify.

Thanks
St0lli
Ps I mentioned you in dispatches in my thread about MBNA/Optima and CCJ! :j:j:T:T

newdawn_2

Hi ya.

Am new to this thread and although I have read alot I still have a lot of questions re my boyfriends finances that we are trying to sort out.

Firstly we need to establish how much is owed and to who. However by writing to Barclays, Capital one and the various DCA and obtaining this info will it affect our chances if we later want to try the unenforcable route?

These debts range from about 7-10 years old.

Secondly he is about to try and dispute PPI charges that he recently realised were on his capital one acount. It sent them an email saying he never agreed to it, to cancel it and requesting a refund. They replied as it was more than 4 payments they would not refund. Do these emails or any dispute we continued after enforcability.

Thirdly (and finally for now!) It came to an payment arrangement about 8 years ago for all these debts. He has been paying token amounts ever since. Will these agreements with the DCAs affect his chances of a successful unenforcable claim.

To be honest if we dont get the Barclays one written off I think bankruptcy is going to be the route he goes down and would rather that was avoided.

Thanks in advance for your help.