Unenforceability & Template Letters II

Mummyofmany

Hi,

Cabot for capital one (c/c)
Debt managers ltd for Abbey (loan)
Wescot for Halifax (c/c)
Equidebt ltd for Ikano (store card)

Just wescot saying "contact halifax yourself or send the p/o back to us after you wrote halifax on it (!) and we'll send it to them" the postal order was blank anyway, was there any harm in them sending it to halifax or are they just stalling?

The rest have replied saying they'llbe back i touch, i had a few more account but haventheard anything back yet, so will sit it out for them!

Mummyofmany x

never-in-doubt

Emma29 wrote: »

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?

Where did you get that impression? Case law (McGuffick v RBS) changed all that i'm afraid, see page 1 post 1.

Emma29 wrote: »

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

Yes - as I tell everyone when they ask about unenforceability, on the last 2 pages I mention it no less than 6 times lol - read some of the thread! Start at page 1 and at least read that so you get an idea of the basics and the basic law.

A default can and generally always will be issued when you seek unenforceability - at the end of the day if you are trying to utilise unenforceability and are already thinking about the future and lack of credit then clearly you're thinking wrong - maybe a DMP would be best for you if this is what you want to do?

Unenforceability is not a get out of paying my debts loophole - far from it! It is the last resort for people that really have nothing else left to argue over - i.e. not people that worry about defaults - a default is nothing to someone that may owe £50k.

Sorry to sound harsh but your posts are making me think you are doing this for the wrong reasons and expect something totally unexpected and undeserved, a default is a great result - think about this:

You have £30k of debts, you pay back £10 per week - how mnay years til the debt will go? A default lasts 6. Which is the best option, you tell me? I know what i'd prefer to have lol - and it aint £30k of debt :rotfl:

never-in-doubt

Mummyofmany wrote: »

Hi,

Cabot for capital one (c/c)
Debt managers ltd for Abbey (loan)
Wescot for Halifax (c/c)
Equidebt ltd for Ikano (store card)

Just wescot saying "contact halifax yourself or send the p/o back to us after you wrote halifax on it (!) and we'll send it to them" the postal order was blank anyway, was there any harm in them sending it to halifax or are they just stalling?

The rest have replied saying they'llbe back i touch, i had a few more account but haventheard anything back yet, so will sit it out for them!

Mummyofmany x

Hiya

well just send another copy off to HBOS direct then - if they offered to send it (you never said that last time lol) then they have met their s.78 obligation.

Just send a new one to HBOS with £1.

Mateusrojo

Hi NID

Posted on other thread but this is a different question for someone else - what changed which makes unenforcability not apply to anything after April 2007 - did they repeal a section of the act? (127?)

Also presumably someone can still request a copy of their CCA using section78 if they have a post april 2007 agreement - what happens then if this agreement does not have all the prescribed terms on it? what do they do?

Thanks

never-in-doubt

DoubtingThomas wrote: »

Hope this helps to put you in the picture to a degree. Thanks

Hiya

Ok, read your post and so far have learned that you have 3 cards, 2 Barclays and one Crappy1, is this right?

You've so far sent the CCA Request letter to all 3 and not had an official response to this, is this right?

You've been paying amounts regularly until January, which was the last time you made payment, is this right?

Do not pay in February - naturally. They will default the CCA tomorrow anyway so just hold fire on payments.

Ok, assuming from the above this is the only debt you have - can you now confirm:

1. How much do you owe on each card (are they all credit cards?) and who is chasing you for payment - is it a DCA or the OC (please name them as well)
2. Have you already been defaulted, if not what does your credit file show - late payments or A/P marker (i.e. [1], [A/P] etc etc ?
3. Can you live with no credit for 6 years / happy with a default?
4. Will you trust me and do as I ask lol - reason I ask is it is pointless proceeding if you speak to them on the phone and negotiate away from unenforceability - they will use any tactic to get you to pay including lying - they will trick you and have no intention of letting you walk away from this debt - thus we do it using the laws at our disposal
5. Will you stop ringing them?
6. Promise?
7. Stop sending things signed? (they copy signatures - its true, lol!)

Get back to me and we'll move forward - think positive and don't worry....

never-in-doubt

Mateusrojo wrote: »

Hi NID

Posted on other thread but this is a different question for someone else - what changed which makes unenforcability not apply to anything after April 2007 - did they repeal a section of the act? (127?)

Also presumably someone can still request a copy of their CCA using section78 if they have a post april 2007 agreement - what happens then if this agreement does not have all the prescribed terms on it? what do they do?

Thanks

They repealed s.127 mate yes. In its entirety!

There is no recourse for unenforceability for post 04/07 agreements so they would be expected to pay, as though there was no such thing as unenforceability - but obviously if they were mis-sold or have reason to complain they report them to the governing bodies, i.e. FOS and let them deal with it. :eek:

DGJsaver

Why was that mate , and why did tbhey not go for the same outcome pre 2007 (or did they?)

Just interested !

never-in-doubt

DGJsaver wrote: »

Why was that mate , and why did tbhey not go for the same outcome pre 2007 (or did they?)

Just interested !

Mate if they allowed it to be indefinite and never repealed it imagine the state of the banks? I think it was a ploy to teach the banks a lesson but also to stop us from putting them all to the wall, which would have happened. Maybe the government had a bigger say in things, who knows?

Put it this way, post 04/07 is a good enough timeline and newer agreements really should be more accurate, especially with unenforceability as it is now - you'd have 'hoped' the lenders would have learned (yea right lol - sorry for the joke!) :rotfl:

Mateusrojo

Hi NID

When you get a chance can you look at my last query on CAA request updates / results part 2 thread - dont want to start mixing things up!:D

thanks
or can change to this thread if more appropriate?

never-in-doubt

Mateusrojo wrote: »

Hi NID

When you get a chance can you look at my last query on CAA request updates / results part 2 thread - dont want to start mixing things up!:D

thanks
or can change to this thread if more appropriate?

Done

Hiya - I started a thread on it here: Egg Card - CCA Flawed?