Unenforceability & Template Letters II

Kudox

never-in-doubt wrote: »

The only difference is that statute barred will be 6 years from last payment, but the default will go after 6 years from default date (when did they default you by the way?)....

But no, it makes no difference. However they will never comply as long as you're paying! so you need to stop paying, like yesterday!

I knew you'd say that;)
In my (very) weak defence I've only carried on paying because CCCS don't look kindly on removing a creditor off the DMP while debt is still there.
Now I've stopped CCCS I'm not paying them another penny.
Incidentally they have never issued a default notice, I've kept every piece of paperwork I ever got since I first got into difficulties, or could they have defaulted me without telling me?

never-in-doubt

Kudox wrote: »

I knew you'd say that;)
In my (very) weak defence I've only carried on paying because CCCS don't look kindly on removing a creditor off the DMP while debt is still there.
Now I've stopped CCCS I'm not paying them another penny.
Incidentally they have never issued a default notice, I've kept every piece of paperwork I ever got since I first got into difficulties, or could they have defaulted me without telling me?

Lol, most people know i'll say something like that - will be my epitaph 'Don't Pay' :rotfl: :rotfl:

But regards to adding a default without you knowing, I assumed you'd seen your credit files? If not, order a statutory copy of Experian & Equifax before you send any of the letters above! If there is no default then it may be better not sending anything and leaving things alone

You need to see your credit files......

Kudox

never-in-doubt wrote: »

Lol, most people know i'll say something like that - will be my epitaph 'Don't Pay' :rotfl: :rotfl:

But regards to adding a default without you knowing, I assumed you'd seen your credit files? If not, order a statutory copy of Experian & Equifax before you send any of the letters above! If there is no default then it may be better not sending anything and leaving things alone

You need to see your credit files......

Thing is I know I should've stopped paying months ago I just need a kick up the **** to actually do it:rolleyes:
Ok so I'll get my credit files and see what they say, how would that affect the issue if there was no default

never-in-doubt

Kudox wrote: »

Ok so I'll get my credit files and see what they say, how would that affect the issue if there was no default

Well if there is no default, you'd just stop paying (as normal) and hope they don't realise they forgot to add one.... however don't get your hopes up, chances are they will have defaulted you without you knowing (this in itself is a breach as they have to follow Notice of Assignment procedures - known as NoA).....

Happy now :beer:

Kudox

never-in-doubt wrote: »

Well if there is no default, you'd just stop paying (as normal) and hope they don't realise they forgot to add one.... however don't get your hopes up, chances are they will have defaulted you without you knowing (this in itself is a breach as they have to follow Notice of Assignment procedures - known as NoA).....

Happy now :beer:

Ok N-I-D I think I'm happy now:j
It could be they've forgotten to default me as when this first went onto the DMP it was administered by HFC bank. Early in this year HBOS took over HFC and it was then that the problems started.It was these that I sent the CCA request to.
The recent letter from 1st Credit states that their "client" is HFC bank so not sure what to make of that.
I'll get my files and post back for further advice if thats ok with you.
Thanks again you are a star.

putty71

Hi NID

Just seen the posts about MBNA. picking up on this were they trying to argue that not having a valid CCa didn't count for anything? I mean anytime now they should repsond to my request for a valid CCa so if I follow your procedures, can I tell them the debt is unenforceable?

never-in-doubt

putty71 wrote: »

Hi NID

Just seen the posts about MBNA. picking up on this were they trying to argue that not having a valid CCa didn't count for anything? I mean anytime now they should repsond to my request for a valid CCa so if I follow your procedures, can I tell them the debt is unenforceable?

Yes, basically the fact they gave up on the 2 test cases won't do them any favours as we can now use that against them and threaten court knowing they pulled out of their best ever chance of changing history (the test cases)..... basically they 'may' have shot themselves in the foot! :eek:

So if you request the CCA's (wait til you've had a refund of PPI though) then see what they respond with and if non compliant then simply place into dispute and refuse to pay. Bear in mind they will probably default you though :mad:

A lot more will become clearer next week when we hear more about the 12 test cases....... so in essence i'd hold on and not do anything right now - but continue your fight for PPI refund, naturally.

fermi

----> BBC News - Lenders warned not to mislead customers over debts

Go_on_martin_lewis

Hello everybody,

I am about to start writting letter 1 to Barclays, for my dad's master and visacard! If anyone else is on the same boat please inbox me! We can see how each others doing and what barclays says to each of us!

first question: does anyone know which barclay address to send the letter to???


Thanks!!

putty71

never-in-doubt wrote: »

Yes, basically the fact they gave up on the 2 test cases won't do them any favours as we can now use that against them and threaten court knowing they pulled out of their best ever chance of changing history (the test cases)..... basically they 'may' have shot themselves in the foot! :eek:

So if you request the CCA's (wait til you've had a refund of PPI though) then see what they respond with and if non compliant then simply place into dispute and refuse to pay. Bear in mind they will probably default you though :mad:

A lot more will become clearer next week when we hear more about the 12 test cases....... so in essence i'd hold on and not do anything right now - but continue your fight for PPI refund, naturally.

Slightly worried now as PPI claim is being looked at by them, but CCA letter with them too. They have acknowledged PPI claim and quoted 40 days. My understanding is though, that any refund for this PPI would be offset against the account rather than a refund, unless of course it outweighs the outsatnding balance in which case I would close account and get balance refunded