Unenforceability & Template Letters II

captainhaggis

Evenin' geezer

Things seem to have gone VERY quiet for me in terms of getting replies to CCA requests etc.... I wonder if others are the same?

I cannot help but think that this might be because the banks are biding their time until next week to see the results from the 12 test cases.

What say you ?

never-in-doubt

captainhaggis wrote: »

Evenin' geezer

Things seem to have gone VERY quiet for me in terms of getting replies to CCA requests etc.... I wonder if others are the same?

I cannot help but think that this might be because the banks are biding their time until next week to see the results from the 12 test cases.

What say you ?

Yes mate - i expect that a lot of banks will hold out but then again i'd expect a lot not to cos they must know they will lose :mad: :mad: :mad:

But it still won't matter mate, if they do not respond then you just ignore them (unless things change next week; but anyway i'll keep the thread updated with developments in laymans terms)

captainhaggis

never-in-doubt wrote: »

Yes mate - i expect that a lot of banks will hold out but then again i'd expect a lot not to cos they must know they will lose :mad: :mad: :mad:

But it still won't matter mate, if they do not respond then you just ignore them (unless things change next week; but anyway i'll keep the thread updated with developments in laymans terms)

Cheers loon!

never-in-doubt

captainhaggis wrote: »

Cheers loon!

Loon, moi??? :rotfl::rotfl::rotfl:

CeeBeeDeeBee

Thanks NID.

I was going to ignore Cap1 and wait and see what they do next.

Collect Direct have been ringing and ringing and threatening to send someone round for a chat lol so I have sent them the "you're not welcome" and "contact me in writing only" letter - so I will ignore them too for the time being and see what they do.

My main worry is Barclays - when my business collapsed they sent all my accounts (2 business accs, 1 personal, 1 personal loan, 1 business loan) to their collection dept and lumped everything all together (£77K). When I recieved a solicitors letter demanding repayment proposals I put in claims for bank charges and CCA'd my personal loan to prevent them taking further legal action. I will have to dig through my old paperwork and check that I put the correct reference on the CCA request - or does it not matter if this was incorrect?

As far as I know I have been defaulted on all 3 as two were with DCA's, and I am a joint home owner.

k4j

Hi N I D,

At the moment i am on stage 1. I have sent all the letters and waiting for their reply.
I have a few questions, hope you don't mind.
I recently got my credit report. I noticed that I have not been defaulted on all of them. Virgin, Abbey, and captal one has defuaulted me. Sky and barclay have not. I am just wondering now that i have chosen to do this will they default me too? It doesn't matter if there is one default or 4 does it? I suppose either way my credit rate has gone down the dumps.
All of them have frozen the interest since i came into difficulty. Now if the debts are not unenforceable then will they put interest on these accounts?
Does it matter when i was defaulted, i mean actual date?
I have noticed you always asks if someone has a mortgage. What is the worst that they can do? Could i seriously lose my house if this goes to court? The house is not just in my name, my husband name is on it too.
Also does this unenforciabilty apply to bank overdrafts?
Thank you

ricardovich

Hey N-I-D Obe One

I've had a letter from Cabot Financial today telling me they are looking for my CCA.

However, they also state "Please be advised, we do not accept the statutory fee required.......and we have returned the fee for £1 that you have sent"

What the heck's that all about??

xRx

never-in-doubt

ricardovich wrote: »

Hey N-I-D Obe One

I've had a letter from Cabot Financial today telling me they are looking for my CCA.

However, they also state "Please be advised, we do not accept the statutory fee required.......and we have returned the fee for £1 that you have sent"

What the heck's that all about??

xRx

Hiya

Don't worry about it, just let them get on with it and see what they say..... it could be that they know they don't/won't get it so are just returning payment pending unenforceability

Who knows (at this stage) - just sit tight and see what happens next lol

never-in-doubt

k4j wrote: »

I recently got my credit report. I noticed that I have not been defaulted on all of them. Virgin, Abbey, and captal one has defuaulted me. Sky and barclay have not. I am just wondering now that i have chosen to do this will they default me too?

Most probably they will yes. But only if you're in enough arrears, i.e. when you stop paying for a few months they will then default you...

k4j wrote: »

It doesn't matter if there is one default or 4 does it? I suppose either way my credit rate has gone down the dumps.

True. One default is as bad as 10 defaults, similarly 3 is as bad as 5! :rolleyes:

k4j wrote: »

All of them have frozen the interest since i came into difficulty. Now if the debts are not unenforceable then will they put interest on these accounts?

Any pre arranged agreement will be void the moment you stop paying and chances are that interest will start to be added to each account but it doesn't matter if you're not paying them back, does it? They will not be unenforceable unless they are, best not to assume this at this stage....

k4j wrote: »

Does it matter when i was defaulted, i mean actual date?

Well not really but you need to bear the date in mind cos this will affect when you can reapply for credit in the future (usually 6 years after default date it drops off)...

k4j wrote: »

I have noticed you always asks if someone has a mortgage. What is the worst that they can do? Could i seriously lose my house if this goes to court? The house is not just in my name, my husband name is on it too.

They could try and get a charging order or CCJ but they would have to give you notice in which case you then make an offer to repay to avoid the action. This is rare and depends on your circumstances, such as how much the debt is and the value and equity of your house (say you had a loan and stated that your house was worth £300k and your mortgage was £150k then they may apply for a charging order based on that!)..... Best advice is always to say the house is the same value as the mortgage outstanding to avoid this

k4j wrote: »

Also does this unenforceability apply to bank overdrafts?
Thank you

Yes. They are regulated under CCA so you can indeed question overdrafts...... But they won't send a CCA it will be more a copy of the overdraft terms.... Which bank is it.......

putty71

HI NID

I have sene various posts about the upcoming bank test cases and after having sent several letters off requesting CCAs, I am now worried that they may screw me! More worried because I really do not understand this, but having seen the other posts about agreed payments and interest now being added again, I suspect they will do the same to me if I stop paying.
Am I right in thinking that if say B Card cannot give me an enforceable agreement, they will confirm this and I wont have to pay the debt off after 6 years it is written off and my slate so to speak is clean if I then want credit?
I apologise if this has been asked before, but is there a no nonense post on here that will explain this to the thickies like me who struggle? ps - not really thick, only when it comes to money matters!

Cheers