Unenforceability & Template Letters II

newdawn_2

Thanks never in doubt.

We got Equifax and Experian online with the free trial. Will get him to write to Call Credit.

I think Im going to have a hard job getting him to not pay anything to them. He had a letter today saying they hadnt received payment ( they had) He rang them and they confirmed they had it. It really really upset him.

All his post goes to his parents. Any official he gets the third degree from them. I am tempted to let him use my address. DCAs dont scare me anymore.

never-in-doubt

newdawn wrote: »

Thanks never in doubt.

We got Equifax and Experian online with the free trial. Will get him to write to Call Credit.

I think Im going to have a hard job getting him to not pay anything to them. He had a letter today saying they hadnt received payment ( they had) He rang them and they confirmed they had it. It really really upset him.

All his post goes to his parents. Any official he gets the third degree from them. I am tempted to let him use my address. DCAs dont scare me anymore.

Hiya

Dont worry about CC if you have the other 2 - they are the main ones. You need to go through it and list the defaults and any CCJ's etc... any live/old/late accounts etc - then ask him to get a list of everything.

Its best to deal with everything in one go - if he doesnt cease paying then forget this - it will not work. That is the crux of the matter. If he pays I cannot help cos the DCA will simply ignore any request you send, why would they comply - they are being paid, right?

I would never mess you around, if you read any of this you;d know i'm sincere and will do my utmost to help.

Have a stern talk to him, if he wants this sorting then either trust me - or good luck :D

never-in-doubt

Going now - i'll be back in the morning - stop stressing you guys, there is light at the end of the tunnel

newdawn_2

Thanks never in doubt. I will have a stern word. I know you are the expert so will make him see sense! (have already got his two store cards off him voluntarily as well!)

Any thoughts on changing addresses to mine?

Jacobs_Crackers

Hi Nid,

I am possibly thinking a little prematurely, but hopefully you’ll see why in a mo.

I took aout a loan with Lloyds dated 27th March 2007 (I couldn’t get much closer could I ?!?!).

I am 99% sure that they are about to default me as on Experian I have 6 late payments recorded. With this in mind, I have sent off the first CCA letter on 15th Feb.

My issue is, I have now received a settlement offer from them, possibly giving me the offer to clear it before they default me or sell it on ????

If the agreement IS enforceable, then I’d like to try them with a counter offer (there’s no way I can afford what they offered) before they default me. If it is NOT enforceable - then I’d like you to work a little of your magic!

I have my customer copy of the aggreement and wondered if therefore, would you be so good as to look at the bones of it which I have typed out (unfortunately I don’t have access to a scanner) to give me some idea where I might stand if they send their copy of the same thing - will there copy be exactly the same?

I can’t be 100% sure what order the pages are supposed to be in (there is only 1 page with a page number on), but have guessed their most logical order.

None of the pages have anything on the backs of them, all single sided.

page 1 - name, address, account number, direct debit details, their signature (not mine), page 1 of 2 at bottom

page 2 - name, address, acount number, loan amount, monthly repayment, number of repayments, total amount payable, APR, total charge for credit

page 3 - barcoded, “other terms”

page 4 - barcoded, “other terms” continued

page 4 - barcoded, “my personal data & Lloyds TSB”

page 5 - barcoded, “my personal data & Lloyds TSB” continued

page 6 - “missing payments”, CCA 1974 , “right to cancel”

Hope this makes sense. Feel free to tell me if I’m asking a load of poo!

Many thanks,

Jacobs Crackers.
x

never-in-doubt

Jacobs_Crackers wrote: »

I took aout a loan with Lloyds dated 27th March 2007 (I couldn’t get much closer could I ?!?!).

Hiya - that is quite close lol - but going on from your post it would appear enforceable, obviously assuming they send a copy of your signed agreement. I cannot tell for sure but the prescribed terms are there and so long as it is signed on the page that contains them (page 1 & 2 being they link them) - so really you're hoping they cannot locate your returned copy, but to be fair as it is so recent i'd expect them to produce it in all honesty.

Also, did you apply online (tick in the box)?

Best wait and see what they send you but from what you've described so far, it does appear enforceable being the prescribed terms are on page2 and page 1 clearly states page 1 of 2 which links the two pages together meaning the signature on page 1 links to the prescribed terms on page 2 = enforceable

Make sense?

never-in-doubt

newdawn wrote: »

Thanks never in doubt. I will have a stern word. I know you are the expert so will make him see sense! (have already got his two store cards off him voluntarily as well!)

Any thoughts on changing addresses to mine?

Hiya

I was sure I read somewhere about the addresses - can you confirm (cos I cannot find it anywhere) what the situation is with that?

Am I right in thinking you have a place, the bf has a place but he gets mail sent to his parents?

Please confirm the arrangements - but really you do not want to get financially linked to him - for obvious reasons....

never-in-doubt

vickie_xx wrote: »

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

Hiya

Send the following letter to Roxburghe (DCA) with a copy of the second letter attached, to 3 (basically print 2 copies and send one copy to 3 & Roxburghe):

Roxburghe (UK) Limited
Roxburghe House
Lavender Park Road
Surrey
KT14 6NA

Dear Sirs,

Account No: XXXXXXXX

You have contacted me regarding the account with the above reference number, which you claim is owed. I would like to point out that I have no knowledge of any such debt being owed to you.

I have advised you of this fact on numerous occasions now and this is now my final warning, prior to seeking legal advice. Were you aware that the Office of Fair Trading (OFT) Debt Collection Guidance’ states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. They also state that it is unfair to pursue third parties for payment when they are not liable.

In not ceasing collection activity whilst investigating a reasonably queried and fully disputed debt, I feel you are using deceptive and unfair methods. Similarly, ignoring and disregarding claims that debts have been settled or disputed and continuing to make unjustified demands for payment, amounts to physical and psychological harassment.

Now, for the last time I have never held an account with '3' between the dates you have previously quoted to me. Yes, I used to be a customer of 3 but this was between 2007-2008 - do you really think for one moment that they would have given me an account if I had an outstanding debt with them? It is ludicrous and so are your wild accusations.

In your most recent response to me you state that all that is required to enforce the debt is a copy of the amount due, whilst I refute this as utter nonsense (we both know it is after all, utter nonsense) it is totally irrelevant because I am not the debtor you seek and a day in court would be great, however not so much for you as i'd be seeking compensation and all costs for your clear libellous actions to date.

I have even spoken to the network in question, 3, who advise there is no trace of a previous account of mine. You then try and fob me off with 'they won't have a record as they sold the debt to us', in which case brilliant - i'll speak to HMRC about this as we both know that all businesses should retain records for a period of 6 years from closure of account. If they have not done this I will seek action, similarly, if you're lying (which I already know you are), I would expect 3 to deal with you appropriately for the slanderous remarks made against them.

I think it is clear that I am not the same individual you seek and feel the best resolution all round is for you to delete my details from your systems in their entirety and ensure no trace of you is anywhere on any of my credit reports and close your file. Continual pusuance of this will only result in one outcome, legal action being taken against you.

Need I point out that this debt would be statute barred in a few months anyway, so why are you acting in such a way when you'll find yourselves in extremely hot water for an account that is almost 6 years old - the judge in any court case would have a field day with you!

In light of the above, I formally request that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question, which will immediately be refuted in its entirety.

A copy of this letter has been sent to 3 as appropriate, and in the meantime I await your written confirmation that this matter is now closed, within the next 14 days.

Yours faithfully

Sign digitally

Now, send the following letter off to 3 - remember to add the mobile number, as directed in red font:

3 Customer Services
Hutchinson 3G UK Limited
PO Box 333
Glasgow
G2 9AG

Dear Sirs,

Account No: XXXXXXXX

I write with reference to repeated harassment from one of your appointed representatives and wish to formally give you notice that as the Original Creditor of this account; if the harassment continues I will seek legal action against both of you as I am sick to the back teeth of this carry-on.

The Protection from harassment Act 1997 confirms that you are in breach and I will not hesitate to take more formal action if this continues. I presume my letter to the Debt Collection Agent (Roxburghe) is suffice and self explanatory, however I do expect you to notify them of their mistake and demand they erase my details from their systems. As you can clearly tell, I did used to be a customer of 3 but this was in 2007-2008; the account is paid up in full and completely satisifed - proof can be found by checking my old number which is: ENTER THE OLD 3 MOBILE NUMBER HERE.

A copy of this letter has been sent to Roxburghe as appropriate, and in the meantime I await your written confirmation that this matter is now closed.

Yours faithfully



Sign digitally

gems3286

Hi NID

Nedding a little help again

I sent a cca request back in nov 09 to one of my crediters and i have heard nothing back from them.

So what do i do know?

I know i have left it a bit long but i just thought with christmas and all that i would give them a bit longer. But now think i may have given too long.

Any help would be great.

Gem

never-in-doubt

gems3286 wrote: »

Hi NID

Nedding a little help again

I sent a cca request back in nov 09 to one of my crediters and i have heard nothing back from them.

So what do i do know?

I know i have left it a bit long but i just thought with christmas and all that i would give them a bit longer. But now think i may have given too long.

Any help would be great.

Gem

You send CCA Dispute - letter 4.


4. CCA Dispute