Unenforceability & Template Letters II

DoubtingThomas

Hi Nid, a general question related to my posts, and from reading your responses to others.1. if someone carried on with token payments and kept repeating requests for them to accept this as a gesture of goodwill, will they still register a Default with CRA's? - (have said "will" on S of D, and have registered markers already), i.e keep making any payment, even if CCA unenforceable when/if get one. Would anticipate they would go for a CCJ (?)2. cannot come to any other payment arrangement otherwise, so above only option other than "unenf"Catch 22 really!

DoubtingThomas

Hi - thanks for answering - my second post crossed with yours.Sorry answers got merged. Weren't in draft, but must have screwed up when doing something to it!DT

never-in-doubt

Hiya

If you make token payments that is less than the amount due or agreed then they will mark the account as late/AP etc..... a default will be issued when you cease payments - you usually cease payments when you attempt unenforceability, if it then transpires that the agreement is enforceable, you simply agree to a repayment plan at that point.

A lot of people on here are defaulted, and have DMP's etc..... basically the lender can default you if they want, whether you are paying smaller amounts or not - the only exception is if you maintain the terms of the original agreement - in which case they cannot do anything.

Regards to a CCJ, all lenders have the option to add one but it isn't an issue and if they failed to respond to CCA request then we'd get the CCJ struck off anyway.

If you list each card and the debt, the date of last payment and the status (i.e. default etc) then i'll be able to help better.... reading your last reply is hard to understand and very very confusing!

Make sense?

DoubtingThomas

Ok - thanks, markers are numbers so far.Would it help if I re-did the answers to first post? very happy to do so!DT

never-in-doubt

DoubtingThomas wrote: »

Ok - thanks, markers are numbers so far.Would it help if I re-did the answers to first post? very happy to do so!DT

Hiya

don't worry i'll spend some time on it later - give me an hour or two (after my meeting i'll take a mooch)......

Regards to the numbers, I assume you mean like payments late, i.e. [1], [2] etc etc or are they all showing [0] right now?

Mummyofmany

Hi,

I have been directed here by Tixi.

New to the CCA thing and sent my requests off last week.

Had four back upto now three saying they'll look into their files and forward info on etc one saying we are not the original creditors therefore you need to forward your request to them and returning the blank postal order, i'm a bit unclear on the next move to make?

Mummyof many

DoubtingThomas

Showing as numbers - B/Card x2 as (5), Cap1 as (4). Think about to go up re part of month doneCheersDT

never-in-doubt

Mummyofmany wrote: »

Hi,

I have been directed here by Tixi.

New to the CCA thing and sent my requests off last week.

Had four back upto now three saying they'll look into their files and forward info on etc one saying we are not the original creditors therefore you need to forward your request to them and returning the blank postal order, i'm a bit unclear on the next move to make?

Mummyof many

Tixy eh? Bless - she's a wee diamond

Can you confirm the 5 lenders and subsequent DCA's?

Regards to the 4 that replied, good - lets wait and see what they send back yea? Regards to the fifth, they talk rubbish! Part of the CCA Request clearly states:

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).

So send everything back to them and tell them, they wrote to you and are therefore assuming the role of creditor and if they deem themselves not to be the creditor, to send the file over to the creditor.

Then just be cheeky and tell them you won't do their job for them and the 12+2 days is still counting down and they will be in default unless they sort this quick smart! Even go as far as to quote the same text I did, above.

If you want the easy option, just send it off to the OC - but I do like to play with them and prove that they are a shambles - if they ever got me in court all this would come to slap em in the chops... see what i'm saying?

Don't do their jobs for them, and don't obstruct them but definitely do not go out your way to help them!

never-in-doubt

DoubtingThomas wrote: »

Showing as numbers - B/Card x2 as (5), Cap1 as (4). Think about to go up re part of month doneCheersDT

So you have 2 barclaycard accounts and one Crappy 1 account - is that the only ones? The markers are late payment markers which will affect you, therefore a default now won't really matter that much - but obviously we don't want them to add one - its just likely they will.

I'll check your post soon and respond after ok?

Emma29

Hi Again,

1)I was under the impression that if an account is in dispute they where unable to to issue defaults, interes and charges, is that so?

2)If an account is agreed as unenforceable are they able to still issue defaults?

Thank you Em