Unenforceability & Template Letters II

never-in-doubt

ricardovich wrote: »

The CCJ's were issued on 07/07/2006, 10/07/2006 and 14/02/2006 - do i really just ignore them??

You are full of enlightenment - Obi NID Kinobe:rotfl:

07/07/2006 - will drop off 08.07.2012
10/07/2006 - will drop off 11.07.2012
14/02/2006 - will drop off 15.02.2012

Yes, i'd just sit tight cos you're half way through the term of default. Whatever you do do not admit to these debts! :eek:

Wispa1

Hi,

I have just received some responses from some DCA's, some have put the accounts on hold and will not chase payments for 28 days while they await the original CCA's. However I have had 2 responses, both from Santander which have supplied copies of my application form. Both of the accounts were taken out in 1998 so I am pretty sure they are unenforceable as the majority of the prescribed terms are not on there. Please can I just check whether I would proceed with step 3 or step 4. With many thanks.

ricardovich

Hey NIDobe-One;)

Can you help me (and no doubt others) with this query:-

I'm continuing along the CCA letter trail, however having received my Credit Report I have noticed a number of defaults registered. Subsequent to your previous advice, I have sent off the "proof of default" letter to the companies listed as the defaulters (??) today.

However, I have noticed that some of theses defaulted accounts are now in the hands of some DCA's that I have previously sent the "12+2" and "30 day" letter to (i.e. even though the DCA is not listed as the defaulter).

Therefore, it seems that I am sending 2 different letters out to 2 different companies with regard to just 1 account.

Is this correct??

xRx

never-in-doubt

ricardovich wrote: »

Hey NIDobe-One;)

Can you help me (and no doubt others) with this query:-

I'm continuing along the CCA letter trail, however having received my Credit Report I have noticed a number of defaults registered. Subsequent to your previous advice, I have sent off the "proof of default" letter to the companies listed as the defaulters (??) today.

However, I have noticed that some of theses defaulted accounts are now in the hands of some DCA's that I have previously sent the "12+2" and "30 day" letter to (i.e. even though the DCA is not listed as the defaulter).

Therefore, it seems that I am sending 2 different letters out to 2 different companies with regard to just 1 account.

Is this correct??

xRx

Hiya

No. You only deal with the company that own the debt. That company should have proper Notice of Assignment documents. To be honest you need to wait now until you have all the CCA's back and then work out who has what and who is left. Then post back.

You do not want to confuse yourself/the lender/dca cos it will make things a nightmare! In your case you should be dealing with the company that owns the debt, in theory this should be the same as who added the default. If not then you could push for assignment but to be honest right now i'd wait and let those pending CCA's come in either complete or incorrect in which case it would be time to move on.

So the route to go is to deal with whoever owns the debt, so if you can work this out easily enough then send CCA requests to the other companies that are chasing you - you should at the end have sent the same amount of CCA letters as defaults..... Make sense?

never-in-doubt

Wispa1 wrote: »

Hi,

I have just received some responses from some DCA's, some have put the accounts on hold and will not chase payments for 28 days while they await the original CCA's. However I have had 2 responses, both from Santander which have supplied copies of my application form. Both of the accounts were taken out in 1998 so I am pretty sure they are unenforceable as the majority of the prescribed terms are not on there. Please can I just check whether I would proceed with step 3 or step 4. With many thanks.

If they have just send an application form then you'd send the following:

16. Various CCA Query Letter 'Variations'

- CCA Dispute - Terms & Conditions Supplied;

You would then change the parts that quote T&C's to 'Application Form'.

ricardovich

never-in-doubt wrote: »

Hiya

No. You only deal with the company that own the debt. That company should have proper Notice of Assignment documents. To be honest you need to wait now until you have all the CCA's back and then work out who has what and who is left. Then post back.

You do not want to confuse yourself/the lender/dca cos it will make things a nightmare! In your case you should be dealing with the company that owns the debt, in theory this should be the same as who added the default. If not then you could push for assignment but to be honest right now i'd wait and let those pending CCA's come in either complete or incorrect in which case it would be time to move on.

So the route to go is to deal with whoever owns the debt, so if you can work this out easily enough then send CCA requests to the other companies that are chasing you - you should at the end have sent the same amount of CCA letters as defaults..... Make sense?

Yes, as always that makes perfect sense. However, I'm sure you'll appreciate that sometimes it is nye on impossible to figure out who owns the debt:mad:

I have sent the CCA letters to all the DCA's that were contacting/hassling me - this seems to have put everything on hold.:T

However, since getting the Credit Report I wanted to get rid of some of those defaults. Some of those defaulted accounts are listed as DCA's I'm already dealing with eg First Credit, Lowell, CapQuest but some are for companies and accounts that I have no bloomin' idea what they are eg.Hillesden Securities, Barclaycard Sol Fin & Skycard
I have never recieved any correspondence from these companies and, as you'll be aware, the credit report has scant information on the defaulted accounts. Shall I just sit tight till I hear from the likes of these companies??

Are you suggesting I forget about trying to find out more about these defaults and/or ask to get them removed but just deal with the companies that are contacting me??

xRx

Flower567

Hello

I have been reading this thread with interest and this is my first post.

I was wondering if anybody could help me! I am writing on behalf of my Mum who has found herself in a situation where she has been left with a lot of debt and I am trying my best to help her sort it all out. She has a credit card with MBNA which was taken out in 1995 (originally with Leeds Premium Building Society) which over the years has been transferred to MBNA. I am pretty sure that this could be unenforceable from reading the above posts as she has never signed anything else over these years. About 12 months agon we foolishy got involved with Cartel who took on this case - but have heard absolutely nothing from them and am now thinking I may as well have a go myself (I so wish I had found this site then)

Do I send the first letter to MBNA (even though the card was not originally taken out with them) to request a copy of the agreement also I cant find an address to write to them - I have had a look through all her correspondence and statements and cant find anything. Can anybody provide me with this. At the moment she is still making her monthly payments which is a big struggle - am going to talk to her about stopping this tonight but she is a bit old fashioned that way!

Any help/comments appreciated. Thank you in advance.

captainhaggis

Hiya Flower

What you're facing is fairly similar to my own problem with MBNA.

When I took my card out with them it was a Vir*in Atla*tic (Vir*in Money) Mastercard. About two years later the card was changed to an American Express card.

This obviously involved an account number change and most likely - I haven't looked in depth yet - a change in T&Cs because Amex seems to operate very differently than other companies.

However, I didn't sign anything new with the new card and, thus, I think my current account with MBNA will have absolutely zero paperwork available to it. The only paperwork they'll have will relate to my old account that no longer exists.

captainhaggis

never-in-doubt wrote: »

Hiya

Were you provided with a separate booklet (or pages) containing the Terms & Conditions of the Agreement?

If so, Section 61 (CCA1974) would mean the prescribed terms are not intact. By providing you with an Agreement to sign and the Terms & Conditions of the Agreement being separate, that you did not sign, the CCA may not be enforceable.

s.61 CCA1974 States:



Think that ought to get em matey, there is always something wrong with an agreement lol

Hi Geezer

Do you mean back then or along with the CCA they sent me (in relation to your question about whether I was sent a booklet with T&C).

If you mean back then, I cannot even begin to remember.... But for arguments' sake, I'll say "no" :rotfl:

If you mean recently and along with the copy CCA they sent me, yes - but I scanned that in, too. It was three or four pages of "current terms and conditions".

Cheers

daz10277

Hi NID

I've just received a copy of my CCA (from the DCA) with HBOS and unfortunately for me, it looks like it complies and is a true copy of the original. It has all the prescribed terms, is legible and even has my signature (not one cut and pasted as I never sent my signature to the DCA). I'm a little gutted as I recall the opinion on these threads was that as this agreement was 9 years old and as it was with HBOS, there was a good chance they couldn't provide it but they have . They haven't however provided a notice of assignment from the previous DCA from whom they took over the debt a few years ago.

I had previously been in a payment plan for many years (no previous court action) until they decided to credit search me and demand payment or court action for no reason.

Whilst I accept they can now go to court for it to be enforced, can I argue they haven't proved they own the debt as they failed to supply the notice of assignment?

What exactly must they provide in addition to the CCA to get a judge to make a CCJ?

How likely is it that a judge will grant a CCJ if I have already been paying under a payment plan regularly for the last 8-9 years?

Any advice would be appreciated.

Thanks