Unenforceability & Template Letters II

never-in-doubt

Antoinette1976Totton wrote: »

Can I go through this process if I am on a debt management programme?

Yup so long as the debts are pre 04/2007....... but bear in mind you may have to stop paying - are you ready to do that? Also, have you actually been defaulted or just late with payments? You will probably get a default, that is about the worst that can happen.....

Have a read of page 1 and then time to decide what is best for you.....

geordie2k9

Good Evening N-I-D,

Hoping you can help me further on this from a few weks ago:


forums.moneysavingexpert.com/showpost.html?p=26831249&postcount=806

I wrote a nice letter asking them to remove the default as the outstanding amount was paid off etc... and I gave them 14 days to get back to me...and yup..as I thought they haven't bothered to reply.

I know your a busy busy person but I was wondering if you could help with this?

Thanks In Advance.
Geordie

never-in-doubt

geordie2k9 wrote: »

Good Evening N-I-D,

Hoping you can help me further on this from a few weks ago:


forums.moneysavingexpert.com/showpost.html?p=26831249&postcount=806

I wrote a nice letter asking them to remove the default as the outstanding amount was paid off etc... and I gave them 14 days to get back to me...and yup..as I thought they haven't bothered to reply.

I know your a busy busy person but I was wondering if you could help with this?

Thanks In Advance.
Geordie

Hiya

From here right? #806

Just bear with them, allow another couple of weeks and see what they say....

geordie2k9

never-in-doubt wrote: »

Hiya

From here right? #806
Just bear with them, allow another couple of weeks and see what they say....

Yeah thats the one, thanks for your advice N-I-D again grealty appreciated.:T

bankkiller

hi
I posted this letter template below on the 13th November 09 as they had sent me an agreement which didn't have all the terms.

Dear Sirs,

Account No: XXXXXXXX

On xx/xx/xxxx I wrote requesting that you supply me a true copy of the executed credit agreement for the above numbered account. In response to this request I was supplied the document, a copy of which is attached, which did not comply with the requirements of the Consumer Credit Act 1974 (CCA1974).

The document you sent, purporting to be a credit agreement, does not contain all of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say, all of the required terms are not present in this document. Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states:

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

In addition should you continue to pursue me for this debt you will be in breach of OFT guidelines. These guidelines (issued July 2003/updated December 2006) relate to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states;

2.6 Examples of unfair practices are as follows:

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

I require you to produce a compliant copy of the credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt. If you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to the relevant governing authorities.

Since the agreement is unenforceable, it would be in everyone’s interest to consider the matter closed and for you to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages.

I respectfully request a response to this letter in 14 days.

Yours faithfully




Sign digitally

The 14 days were up yesterday on the 27th November 09.
I still haven't received a response from Lloyds TSB.
What shall I do now? What usually happens now?
And what should I be doing now?

CeeBeeDeeBee

Hi Never In Doubt, I've not been on for quite a while and I've had some developments with my CCAs.

1/ My Cap1 credit card debt, which was with CapQuest had now been returned to Cap1 after I contested the validity of the CCA they sent - Cap1 have sent a letter telling me this and 'It is important that you continue to make payments' - what should I do now with Cap1, just ignore them?

2/ I sent a CCA request to Barclays about a personal loan I had with them. As far as I know it was still with their debt recovery team as I had recieved a solicitors letter telling me to write to Barclays with a repayment proposal.

They have sent me a letter saying;

'Thank you for your request for a copy of a credit agreement and financial statement.

Our systems show that there is no sum payable under the credit agreement and therefore there is no requirement for us to comply with your request'

Eh? As far a I know - and they are threatening to send my file down the legal route, is that I owe them loads on this. I used the template letter which includes the phrase 'to any account you deem to be mine' - surely they should send me a copy of any CCA they have for me anyway? What should I do next - just send letter 2?

3/ Collect Direct simply won't take no for an answer lol. I have contested the validity of the CCA (in here http://forums.moneysavingexpert.com/showpost.html?p=26659663&postcount=18) with your help - but they simply won't give up - which letter do I send them now?

Thanks

never-in-doubt

bankkiller wrote: »

hi
I posted this letter template below on the 13th November 09 as they had sent me an agreement which didn't have all the terms.

The 14 days were up yesterday on the 27th November 09.
I still haven't received a response from Lloyds TSB.
What shall I do now? What usually happens now?
And what should I be doing now?

Just sit and wait for a reply and do not pay anything to them - they are in default of your CCA request so until they respond it is unenforceable.

alison15

Hi everyone,

I hope someone can point me in the right direction? I received a letter about 1 week ago stating i need to contact 1st credit regarding a debit. I immediately phoned the number and spoke to a gentleman who said that i need to pay £450 there and then over the phone. I asked for more details regarding the debt and was told it was from a particular company who to be honest i had never heard of. I was then told i had rented a washing machine and owed £100 or so then the rest for the cost of the machine. I asked when this was and was told 1998 when i used to live in Leeds. He then said he could organise for me to pay in installments if i pay xxx amount today. I told him i would that i was not giving details for a debit i did not recall or have sufficient information about at which point he hung up say he would record that i had refused to pay!
Yesterday i received another letter from them giving me the options of paying in installments.

Help what do i do now? THe debt i do not remember at all and it was 10 years ago. I stayed in Leeds for a further 3 years and i have never received any letters requiring any payment for this debt.

Any advice would be much appreciated?

never-in-doubt

alison15 wrote: »

Hi everyone,

I hope someone can point me in the right direction? I received a letter about 1 week ago stating i need to contact 1st credit regarding a debit. I immediately phoned the number and spoke to a gentleman who said that i need to pay £450 there and then over the phone. I asked for more details regarding the debt and was told it was from a particular company who to be honest i had never heard of. I was then told i had rented a washing machine and owed £100 or so then the rest for the cost of the machine. I asked when this was and was told 1998 when i used to live in Leeds. He then said he could organise for me to pay in installments if i pay xxx amount today. I told him i would that i was not giving details for a debit i did not recall or have sufficient information about at which point he hung up say he would record that i had refused to pay!
Yesterday i received another letter from them giving me the options of paying in installments.

Help what do i do now? THe debt i do not remember at all and it was 10 years ago. I stayed in Leeds for a further 3 years and i have never received any letters requiring any payment for this debt.

Any advice would be much appreciated?

Hiya

Does this entry show on your credit file? It is statute barred anyway but send the following letter off to them and they should leave you alone

Dear Sirs,

Account No: XXXXXXXX

You have contacted me regarding the account with the above reference number, which you claim is owed. I would like to point out that we have no knowledge of any such debt being owed to you.

The ‘Office of Fair Trading Debt Collection Guidance’ states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. They also state that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and/or unfair methods.

Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment, amounts to physical and psychological harassment.

In light of the above, I formally request that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed, within the next 14 days.

Yours faithfully




Sign digitally

never-in-doubt

CeeBeeDeeBee wrote: »

1/ My Cap1 credit card debt, which was with CapQuest had now been returned to Cap1 after I contested the validity of the CCA they sent - Cap1 have sent a letter telling me this and 'It is important that you continue to make payments' - what should I do now with Cap1, just ignore them?

It is up to you what you do, the process would be to ignore them yes but I cannot tell you to do this of course. Have they already defaulted you, if so then it will do no harm.

CeeBeeDeeBee wrote: »

2/ I sent a CCA request to Barclays about a personal loan I had with them. They have sent me a letter saying;

'Thank you for your request for a copy of a credit agreement and financial statement.

Our systems show that there is no sum payable under the credit agreement and therefore there is no requirement for us to comply with your request'

Ok, so they are saying that the debt is no longer there - keep this letter

CeeBeeDeeBee wrote: »

Eh? As far a I know - and they are threatening to send my file down the legal route, is that I owe them loads on this. I used the template letter which includes the phrase 'to any account you deem to be mine' - surely they should send me a copy of any CCA they have for me anyway? What should I do next - just send letter 2?

Leave it, if they have written to you and stated there is no sum payable then fine, sod em

CeeBeeDeeBee wrote: »

3/ Collect Direct simply won't take no for an answer lol. I have contested the validity of the CCA (in here http://forums.moneysavingexpert.com/showpost.html?p=26659663&postcount=18) with your help - but they simply won't give up - which letter do I send them now?

Again, if you've already put it into dispute and they are not playing ball you should just ignore them......

Can you confirm; are you a homeowner; have the above 3 firms defaulted you?