Unenforceability & Template Letters II

never-in-doubt

St0lli wrote: »

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

Hiya

They won't issue a final response just yet, but in theory the final response is simply them saying they cannot agree to your complaint - dont worry about it at all.

They do not have the option to issue a final response, when a lender tells me that I go out my way to remind them of their obligations and the fact that I want an answer - they usually reply :D

I checked your thread out earlier, thanks for the mention lol :eek:

never-in-doubt

newdawn wrote: »

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.

without going through each point in detail (just a flying visit - back tomorrow from 7am!) can you confirm has he been defaulted already? If so, when? Also you say he's been making token payments, for how long exactly?

Tell me more, the more info the better the response you'll get - obviously. As I say, i'll be back later tonight or in the morning so check back and i'll point you in the right direction of what letters to send - in the meantime just give me some details, like name each lender/dca you're dealing with and the amounts involved, whether defaulted and date last paid etc...

thanks ;)

robbie7808

I too have received a copy of the letter from Hillesden Securities, relating to McGuffick vs RSB etc. etc.

The account was a citibank one, and we had infact paid Hillesden over £4000 in two years, until we asked them to provide original documentation etc. For the past two years they have sent letters stating still awaiting documents from Citi - until today, when I received this letter, same as the one on the forum.

Whats the next step? Please I need help ?

natters_2

Bit of advice needed please. Apex are still ringing every day demanding payment for an account that has been in dispute with another DCA for over 12 months now - have sent the in dispute and the please don't ring letters, which have both been ignored - the people ringing are telling me I have to apply to the OC for the CCA - I still have to pay, I will be put in court if I don't etc, etc. Have repeatedly told them they are breaking the law, or I refuse to answer the security questions and drop the phone.

So where do I go from here?

newdawn_2

Thanks never in doubt....you are always willing to help others.

Its a little hard to give exact details as he doenst have paperwork. Lost when he seperated 18mths ago.
Barclays- Loan. Thinks he owes them £7000. Taken out 1999 ago. Been with Barclays collections since 2001 but not showing on credit records.

Burtons card £1200 never defaulted- Had for many years 1996? Still making minimum repayment. Think he may have used it recently not sure.
Topman £350 same as burtons.
- min payment
4 x DCAs.

NCO - Barclays credit card £1200. .repaying since 2001 at token amount per month which they agreed to.
Debt Managers Ltd - Barclays credit card £1200 minimum-repaying since 2001 at token amount per month which they agreed to
Wescot- Marvel / Egg (?) £1000 minimum - repaying since 2001 at token amount per month which they agreed to
There is also one with a default from March 08 for £215 for phoneix recoveries. He says this was a littlewoods debt he is paying moorcroft DCA for. On a different credit report it shows as credit account management. Account started 06.

Capital one - not defaulted £1400 start date aug 03. Making min repayment with interest.

Its all a bit of a mess really and will be sorted eventually. If he only has success with Barclays loan will be a relief!

never-in-doubt

robbie7808 wrote: »

I too have received a copy of the letter from Hillesden Securities, relating to McGuffick vs RSB etc. etc.

The account was a citibank one, and we had infact paid Hillesden over £4000 in two years, until we asked them to provide original documentation etc. For the past two years they have sent letters stating still awaiting documents from Citi - until today, when I received this letter, same as the one on the forum.

Whats the next step? Please I need help ?

Ignore it - the McGuffick case only means they can add a default. What is the background, are you still awaiting a CCA? If so, send direct to Citi - and start from scratch, bear in mind its in your interests to know one way or another.

Alternatively just continue doing whatever you have been doing?

never-in-doubt

natters wrote: »

Bit of advice needed please. Apex are still ringing every day demanding payment for an account that has been in dispute with another DCA for over 12 months now - have sent the in dispute and the please don't ring letters, which have both been ignored - the people ringing are telling me I have to apply to the OC for the CCA - I still have to pay, I will be put in court if I don't etc, etc. Have repeatedly told them they are breaking the law, or I refuse to answer the security questions and drop the phone.

So where do I go from here?

If the DCA is hassling you, you can CCA them - part of the CCA tells them their liability (see below quote). As such, they talk rubbish (nothing new there then lol).....

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

As you've already complained and sent the relevant letters, i'd seriously consider changing my number or pursuing your threat by reporting them to the relevant authorities (OFCOM, Trading Standards and The Office of Fair Trading)..... but suffice to say if you have proof you requested the CCA last year and they still haven't replied the account is unenforceable and will remain so until such time they comply!

never-in-doubt

newdawn wrote: »

Its all a bit of a mess really and will be sorted eventually. If he only has success with Barclays loan will be a relief!

Hiya

Ask hubby to get his credit file from all 3 CRA's (see below) - in the meantime he should stop paying all accounts that are defaulted or old (such as Barclays etc). The ones he currently uses (i.e. topman etc) he should continue to pay.

The reason Barclays is not showing on his credit file is because it is so old the record (default) has dropped off. After 6 years the default will drop off automatically and cannot be re-added again. However, i'd bet it is unenforceable and if not then we'll cross that bridge as and when it comes to it.

So, action plan:

1. Request CRA files for all 3 agencies
2. Stop paying older / defaulted accounts - continue to pay current accounts
3. Ensure his main bank account is not with one of the lenders included in this - they will use right of setoff
4. Post back when he has his credit files..... but he needs to sit down and work out exactly who he has an account with cos some older ones will not be showing on his file, therefore you cannot assume it has gone - they could, if they wanted ccj him = 6 more years of no credit. :eek:

Make sense? CRA details etc below, send £2 to each one with previous 6 years addresses - full details here: Obtaining your Credit Record:

Credit Reference Agencies Addresses:

Experian Ltd
Customer Support Centre
PO Box 8000
Nottingham
NG80 7WF

Equifax Plc
Credit File Advice Centre
PO Box 1140
Bradford
BD1 5US

Call Credit Plc
Consumer Services Team
PO Box 491
Leeds
LS3 1WZ

vickie_xx

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

never-in-doubt

Vickie - I told you i'd sort you a letter to send, bear with me (#2367). I'll do it when i'm working through the night on Weds and then private message you to tell you its posted.

Just bear with me and i'll sort this for you, do nothing right now (as advised in my initial reply to you).....

It can wait 2 days, right?

Do not contact the CRA's or DCA's - just sit tight and I will sort this for you.

p.s. when the dca rings you hang up - do not speak to them again!