Unenforceability & Template Letters II

daz10277

never-in-doubt wrote: »

Upload it to imageshack or something then post the link leaving a gap in the address so for instance:

w w w.moneysavingexpert . com

This way it will let you add the link of the image.....

Hi NID

Ok here it is:-

h t t p://i916.photobucket.com/albums/ad10/daz10277/HBOSCCA3.jpg

(I've only left gaps in the http bit -thanks)

never-in-doubt

daz10277 wrote: »

Hi NID

Ok here it is:-

h t t p://i916.photobucket.com/albums/ad10/daz10277/HBOSCCA3.jpg

(I've only left gaps in the http bit -thanks)

That doesn't look enforceable to me! Let me check it out and will confirm later for you, just a bit busy right now

Either way, i'd be sending the following letter to them: 3. CCA Query

Let them come back to you and tell you why they think it is enforceable...

C2K_2

never-in-doubt wrote: »

Please name the OC - and the DCA etc - please tell me the names? Did you actually get a court stamped document regards to court date or a letter from the OC? Big difference?

Do you have a house/mortgage?

Morning NiD

OC = Coop
DCA = Pannone Solicitors based in Manchester

yes, it was a court stamped document served to me in person. Many thanks.

C2K_2

C2K wrote: »

Morning NiD

OC = Coop
DCA = Pannone Solicitors based in Manchester

yes, it was a court stamped document served to me in person. Many thanks.

Hello NiD

If it's not too much trouble perhaps you could also check my CCA and confirm the enforceability and legibility before my next move. Thank you again.


h t t p://i694.photobucket.com/albums/vv305/chi2k/th_CoopBank-CreditAgreementp1tobeup-1.jpg

h t t p://i694.photobucket.com/albums/vv305/chi2k/th_CoopBank-CreditAgreementp2tobeuploa.jpg

never-in-doubt

C2K wrote: »

Morning NiD

OC = Coop
DCA = Pannone Solicitors based in Manchester

yes, it was a court stamped document served to me in person. Many thanks.

Hiya

Without wanting to give wrong advice, due to the potential b/r, i'd suggest you have a mooch here as this may be more help to you:

http://www.consumeractiongroup.co.uk/forum/show-post/post-1913560.html

OR

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/154693-1st-credit-connaught-bankruptcy.html

If you get stuck, i'd send a PM to 42man who is part of the site team (and good with these)

captainhaggis

never-in-doubt wrote: »

Exactly mate - spot on

But I thought it did. Well, atleast the document I was given to sign - IIRC - was printed over five or six pages. Those up on Photobucket. The first pages contained Key Financial Information showing the loan amount and a breakdown of the APR, actual interest rate, amount of credit, period of repayments and the amount of those repayment.

Should they have given more more to set this out differently?

pwally2

never-in-doubt wrote: »

Hiya

do you have defaults? Are you worried about getting one? If not then by all means send a CCA to each creditor and then when they mess you around (usually after a month) you stop paying. They will default you, you'll tell them to get lost until they send a compliant agreement, they never will and after 6 years all data will go away and you'll be free to start again - not spending a penny in the process

Your choice really? If you decide to go that way, template is here: 1. CCA Request

Hiya NID thanks for that CCA requests letters have been sent will see what happens

ricardovich

ricardovich wrote: »

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??

Hey NID - any advice??

xRx

benadabec

Hello from a newbie

Some very interesting reading going through these threads. I have a query of similar circumstance.
Rather than sending the letters myself, I have used a claims management company (wish I had found these forums earlier!). They have requested the original copies of agreements on my behalf, and a recent update from them informed me that two out of my six credit card accounts are unenforceable - one has the prescribed terms missing, another cannot locate the agreements. The other companies are delaying sending the correct paperwork in an effort to ignore the situation and extract as much money from me as possible (apparently they are allowed to request a delay a certain amount of times before being forced to respond). The claims management company has stated they need to give the CC companies a 'reasonable amount of time' to find the paperwork, so if it goes to court they have not rushed the legals of the process and this is favourable in the eyes of the courts. This procedure though is an awfully long one, and I am now struggling to meet my minimum payments every month.
My question is am I able to inform the CC companies that my accounts are in dispute and am able to halt payments until the outcome or am I better off paying what I can? The advise from the management company was to pay a nominal amount every month until the situation is resolved, but looking on here it seems I may be eligible to send a dispute letter?

I look forward to some advice from some very well informed posters!

Thanks in advance

never-in-doubt

ricardovich wrote: »

Hey NID - any advice??

xRx

Hiya

Ok, what you need to do is wait (first things first) until you get back the CCA's - then check with your CRA and then send another to the remainder of your creditors.

At the end of it you should have 1 x CCA per creditor. It is up to them to pass it to the rightful owner if it has been sold on etc. If there are more than one default for a debt then one must be removed (1 default per debt).

Basically its simple filing and paper management - just tally up all the accounts and write to the debt owner. If you cannot get any joy then you simply cease payments.

Does that make sense? You need to get a list of who you owe and who owns each debt.... then we can go forward (make sure there are no duplicated accounts showing)