Unenforceability & Template Letters II

DoubtingThomas

Hi again NID,

Hope this makes more sense this time!

Debts
Mortgage –priority – up to date
Secured Loan – priority – up to date
Unsecured Credit: Credit Cards: Barclaycard by 2 - 1985 & 1996
Capital One – One card - Dec 2005
(Two bank overdrafts – see my earlier post – these now disappear from view!)


Barclaycard
After giving up with negotiating letters (NDL ones) in September, October, November, sent CCA requests by 2 plus two payments, to Barclaycard. Came back within time limit –
B/C Agreement a copy for your records for 1996 one, then by separate post – terms and conditions. No name, no address or anything on them anywhere, so could be anybody’s. Also they referred to Chip and Pin as an actuality– not available then. Two sheets, separate.
For 1985 card, terms and conditions, cut and paste, two sheets, stamped 1985 on back, refers to chip and pin in same way as above. Again ,absolutely no reference to me anywhere.
(I did send a response to those – can explain in another post – it was at this point I got twitchy about some advice I had been given, just wasn’t sure. It’s also difficult over the phone when limited for time, and you speak to someone different each time. They also have to work to fairly prescribed patterns)


Capital One – CCA request sent 13 days (9 working days) ago – no response yet.

Payments
Yes, token payments of £1 on each card,
Barclaycard last one from Jan’s statement paid early February.
Cap/One last one on Jan’s statement. February one due now for early March payment.

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



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)


Barclaycards - £13,000
£13,200
Capital One - £6,500

Barclaycard – was Barclaycard – responded by letter
was Mercers – responded by letter
-now Calders – haven’t responded yet
(so still in-house)

Capital One – was Capital One – responded by letter
Now FPC but have had a few calls from Preston recently.


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 ?


Default Notices from Mercers – non-compliant ones on both accounts
CR file shows (1) through to (5) by January

Cap One – Default Notice ( “within 28 days” to mend breach), and Statement of Default (on this said account terminated etc)
Enter FPC with blazing guns.


3. Can you live with no credit for 6 years / happy with a default?

Will have to, no choice, and they will default me anyway.


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

4.OK.

I don’t speak to them on phone. I haven’t rung either bank.

Cap1 -got caught three times in October. Said write, said same in letters, haven’t answered the phone since, complained by letter, got expected response. Have kept a complete log of calls, all numbers used, dates and times.

Barclaycard – sent P2C to door – told him same thing, and goodbye.


5. Will you stop ringing them?
5. See No.4

6. Promise?
6. I’ve promised myself

7. Stop sending things signed? (they copy signatures - its true, lol!)
7. OK – am good at Photoshop myself, and know some experts, so would have a referral.
Have been putting my name on letter, but in Word, as no typewriter. Suppose
they can fiddle with that as well.


Hope this doesn't screw up posting! Many thanks for your time. I know how exhausting all this is, even if interesting and done with commitment.
Cheers

DT

stebiz

I was so surprised to see a company suggest that the limitation priod ran from the default date, not the last time you acknowledged the debt.










Then I saw it was Cabot :rotfl::rotfl::rotfl::rotfl:

terimon

DoubtingThomas wrote: »

Thank you very much, Nid.
I appreciate you ploughing through it all.


I need to get away from all the stuff in my head for a while, so will post back later.
There is more debt (overdrafts) with two banks, one a smallish amount, but absolutely nothing can/must be done about them for a month or so, and I can deal with those in my own way - that's imperative.
My bank knows what is going on, have listened for now, and I will see them again soon as arranged with them. It's complicated. I've also been through all this umpteen times with all debt advice charities. They have guided me as best they can to this point.
Each case is different with it's own factors, and I have to ask you to trust me over this.

So it's B/Card and Cap 1 to deal with beyond where I am with them.

What is most alien to me is that I have always paid things however hard the circumstances. I find that the hardest part.


DT

I was like that at first. I had always paid. But things came to a head and i just couldnt any more

So i tried to speak to the CC Companies for help. What a waste of time despite never missing a minimum payment for 13 years with one :eek:

I sometimes think i am doing wrong going down this route, but balls to them!

This site an especially NID are bloody fantastic and very very helpful.

I would listen to everything that he says :T

Emma29

never-in-doubt wrote: »

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



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:

Hi NID,

Sorry I didnt read all the thread, I can only use the internet at work in my few breaks. (I am not meant to be on the internet so I have to sneak on your post). :(

I wanted to ask the questions so I was sure I had the right info when I spoke to Hubby last night.

We are not worried about defaulting his account. I am sending of the Query request today for the ones that have replied, and also sending the reminder letter to the onesd that have not replied.

1)Capital One - Defaulted already - Sent back to me a signed unreadable agreement
2) Barclays - Send back to me the terms and conditions
3)Natwest have not responded to CCA
4)Monument - have not responded to CCA request
5)Halifax - have not responded to CCA request
6) Black Horse loan - Received full refund off misold PPI Insurance this morning :j

Thank you for taking the time out to on this thread.:T Thank you so much.

DoubtingThomas

Thanks Terimon.
I don't feel I am doing anything wrong - it's just survival now, whichever way it's done, as long as it is legal.
What frightens me about these things is that reason seems to fly out of the window at the drop of a hat, and the sheer speed at which they move to clobber you!
So it becomes a fencing duel without need.
Will listen to what you have said - whichever way you go, it's a risk.
Cheers

DT

jemma_

Thanks NID
recieved a letter from littlewoods this morning


with reference to your letter dated . i can confirm that we will not be pursuing the above VERY account for the outstanding balance of £1113.08.

As the debt remains unsatisfied, this will be noted on out internal file for future reference.

This information will also form part of your records at the credit reference agencies where we share information. this information will remain on your file for 6 years.


Very happy and pleased i followed your advice.
Jemma

BeenieCat

Congrats Jemma, you must be over the moon.

I spent some time reading this thread last night, and i'm not sure if i've understood it fully (blame baby brain!). Is the debt unenforcable because i didn't sign my name when i took it out? (sorry if i've totally misunderstood).

All my credit was taken out before 2007, and i haven't made any payments since May 09.

I've started getting organised for doing my own DMP and get a debt free date of 2016 on the new figure i can pay, and so long as all the interest and charges are stopped.

If i was to begin this process, should i put the DMP on hold and just send the letter on page 1 with my token payment to see if i can get this written off? I owe a total of £3k, the biggest one is Kays catalogue for £1220 (if that matters). I have an overdraft too which i guess is enforcable so not included in my figures.

NID you're a credit to this forum with all the hard work you put in here, i've only browsed this thread a little and i can see the work you put in is invaluable.

jemma_

BeenieCat wrote: »

Congrats Jemma, you must be over the moon.

I spent some time reading this thread last night, and i'm not sure if i've understood it fully (blame baby brain!). Is the debt unenforcable because i didn't sign my name when i took it out? (sorry if i've totally misunderstood).

All my credit was taken out before 2007, and i haven't made any payments since May 09.

I've started getting organised for doing my own DMP and get a debt free date of 2016 on the new figure i can pay, and so long as all the interest and charges are stopped.

If i was to begin this process, should i put the DMP on hold and just send the letter on page 1 with my token payment to see if i can get this written off? I owe a total of £3k, the biggest one is Kays catalogue for £1220 (if that matters). I have an overdraft too which i guess is enforcable so not included in my figures.

NID you're a credit to this forum with all the hard work you put in here, i've only browsed this thread a little and i can see the work you put in is invaluable.

Hi I am really happy I've managed to reduce my debts from 28000 to 6000 in two years by using the information provided on this site stopping interest and managing to save enough money to make settlement offers every now and then.

Good luck with your plan

Jemma

never-in-doubt

jemma_ wrote: »

Thanks NID
recieved a letter from littlewoods this morning

with reference to your letter dated . i can confirm that we will not be pursuing the above VERY account for the outstanding balance of £1113.08.

Very happy and pleased i followed your advice.
Jemma

Excellent news Jemma - well done.... that's another unenforceable account

:T:T:T

never-in-doubt

BeenieCat wrote: »

Congrats Jemma, you must be over the moon.

I spent some time reading this thread last night, and i'm not sure if i've understood it fully (blame baby brain!). Is the debt unenforcable because i didn't sign my name when i took it out? (sorry if i've totally misunderstood).

All my credit was taken out before 2007, and i haven't made any payments since May 09.

I've started getting organised for doing my own DMP and get a debt free date of 2016 on the new figure i can pay, and so long as all the interest and charges are stopped.

If i was to begin this process, should i put the DMP on hold and just send the letter on page 1 with my token payment to see if i can get this written off? I owe a total of £3k, the biggest one is Kays catalogue for £1220 (if that matters). I have an overdraft too which i guess is enforcable so not included in my figures.

NID you're a credit to this forum with all the hard work you put in here, i've only browsed this thread a little and i can see the work you put in is invaluable.

Hi Beenie

Just thinking as your debt is so small do you really want to pursue this? It will ruin your credit record?

If you're not bothered then any catalogues will be unenforceable - they usually are lol. But simply go to page 1 and send the request off, as you rightly stated the overdraft cannot be included. :p

Do not send a token payment in with the CCA, you do send £1 CCA fee but do not send any token payments. Obviously don't bother with a DMP right now, if you assume unenforceability.

If you need specific help, give us a shout :p