Unenforceability & Template Letters II

never-in-doubt

JohnCC wrote: »

Hi. I've read through a lot of these threads, and I've seen people get their head bitten off for mentioning Park Lane, so please be nice! I have searched and not seen an answer. They called me today and spoke at length (!!) about this.

I have a First Direct Visa, taken out in around 2005 or before, with around £7700 on it. I've never missed a payment, but am paying the minimum amount (about £230) with around £105 of interest each month.

Park Lane say they can probably eliminate the debt. I need to pay £11 to cover the requests to the bank. They put their fee of £700 or so on to the card before it is frozen, and so it should be eliminated. If I screw things up such that they can't do their stuff (e.g. if I fire off letters to the bank in the meantime and try to claim myself) I'd have to pay them £50. They say the max risk to me is £66 therefore. They also say I'd get back the difference paid in increased interest rates over time as a payment, of which they'd take 20%. They told me I could do the application myself, but said that banks have departments of people to deal with this stuff and as soon as they see a template letter they will throw every trick they have at me to tie me up in knots (which I can believe).

Given that I'm pretty hopeless with paperwork and finances (how I got here in the first place), doesn't this sound like a reasonable way to go to ensure success? The "one bite at the cherry" rule they kept mentioning makes me think I don't want to blow it by messing something up.

Constructive advice, anyone? The letters look intimidating, especially with the mentions of DCA's, defaults and bailiffs! I'm in the process of getting a new mortgage too, so don't want to do anything to damage my rating which is currently good. Park Lane insist that my credit rating will not be affected by what they do.

Park Lane are talking crap! There will be a default added against you which will affect you obtaining credit for 6 years. Or do it yourself using this thread for guidance and it will cost you a huge £1.....

These firms are a scam, don't you read the news? It's up to you, I will not advocate paying a scammer company though - so whatever you decide, good luck.

cejsmith

Here is the latest letters I've been sent by HSBC.
http://s874.photobucket.com/albums/ab302/cejsmith/hsbc2/

This must be the most basic CCA I've yet seen and the covering letter isn't much better, I've already sent of the S10 letter , lets see what they say next. Also I do assume that it's unenforcable???

Thanks

never-in-doubt

50broke wrote: »

Hi, hope you can help I have been on DMP since April, I CCA'd four of my creditors (pre 2007) and have had the following back:
Barclaycard, no CCA just a few pages of terms and conditions, and saying this is all you are having pay up.
MBNA: signed application form which looks like its pasted onto a page of t& C and their aplolgies for it being illegible.
Marbles: Signed Appliaction form, separate T&C
and finally Capital One, just a copy of a cedit agreement no boxes, no signatures, nothing.
Interesting the two defaults I have are both from sainsburys, as these were teken out in 2008. and have been passed onto DCA. The above four have not defaulted the account nor passed it on even though I am paying them a fraction of what they should be having.
Do you think it worth sending off for a SAR before I stop paying them. Advice please many thanks for your hard work.

Hiya,

If the other 4 have not defaulted you (yet) then its up to you, but if you go to page 1 there is a template to send that covers your scenarios...

1. Send this to Barclaycard - 16. Various CCA Query Letter 'Variations'
(- CCA Dispute - Terms & Conditions Supplied)

2. Send this to MBNA - 16. Various CCA Query Letter 'Variations'
(- CCA Dispute - Illegible Copy Document Supplied)

3. Send this to Marbles - 16. Various CCA Query Letter 'Variations'
(- CCA Dispute - Copy Document Supplied)

4. Send this to Capital One - 3. CCA Query

* Why do you have 2 defaults with Sainsbury - 2 cards? Have you CCA'd them yet?

Gemmzie

This isn't quite a CCA question but fits with the creditor being a nusicance so thought the experts would be here.

We've sent a revised SOA to Capital One (offering more funds) - they can't accept it because it isn't signed. Best course of action please?

50broke

Hi, Thanks NID, one sainsbury CC and one Sains loan both taken out in 2008 and both with accutate CCAs I have copies and they were delivered by special delivery. I have been defaulted due to being on DMP and hence paying lower amounts, fair enough they have stopped interest and charges and have been passed onto DCAs.

I will try the letters with the 4 others, these have been in place since about 1998-2000.
many thanks for all your help you are fantastic.

Just one note my OH was approached by one of the companies offering to 'wipe out debt, and they claim that all debt will dissapear and they take over responsibilty, I know this is nonsense, but please clarify this argument before I throw somthing at him..... thanks!!!

Numpty_Monkey

I did mean to post this before
I'm in the merry band, of CCA requesters:cool:
just got onto letter 2 stage, I had the waffle reply about we don't hold all documents and are requesting it,
tough, you bought the debt you supply me with the correct documentation
until then they can go :whistle:

Just thaught I'd say THANK YOU N.I.D.:beer:

ricardovich

Hey N-I-D (and everyone else)

Your advice on a couple of things please:-

First, having sent CCA letters 1&2 to this DCA, I received this reply today:-

"...After liaising with EGG in an effort to obtain this document we have been advised that it is no longer available due to the length of time since the account was opened with you.

At this time we have closed our file and will not make any further contact with you concerning this account unless the copy of the agreement is found at some point in the future from EGG"

Is this as good as it seems??

Secondly, last week I sent letter 1 and the £1 Postal order to a number of CCCs and DCA's who had issued defaults on my credit file. Due to the scarcity of account details shown on the credit file a number of them have written back (and returned the £1) saying they need more info on the account I had opened with them. Some are asking for me to supply my last 3 addresses.

Shall I bother getting back to them - I'm trying to tidy my credit file up??

Finally (yes I know that's more than a couple;)),

One DCA has today sent me back photocopies of my application forms for Amex accounts taken out in 1998 and 2001 - NOT the CCA.

Shall I carry on with the 3rd letter??

Cheers in advance oh wise one
xx:Txx

Wispa1

Hi NID - do you have any suggestions with #583 please ie do I sit tight & wait or do I need to send any letters? Thanks for all your help

never-in-doubt

50broke wrote: »

Just one note my OH was approached by one of the companies offering to 'wipe out debt, and they claim that all debt will dissapear and they take over responsibilty, I know this is nonsense, but please clarify this argument before I throw somthing at him..... thanks!!!

I confirm these companies are a scam and if you search the forum (and google) there are loads of cases of people being ripped off.....

Personally, why pay when its free here

never-in-doubt

ricardovich wrote: »

"...After liaising with EGG in an effort to obtain this document we have been advised that it is no longer available due to the length of time since the account was opened with you.

At this time we have closed our file and will not make any further contact with you concerning this account unless the copy of the agreement is found at some point in the future from EGG"

So this is unenforceable (which we knew anyway didn't we ) - this means they may leave a default registered but no money is owed to the debt unless they provide the agreement - if however 6 years pass without acknowledgement then it is statute barred.

Don't worry about this now - well done (1 down!) :T

ricardovich wrote: »

Is this as good as it seems??

Yup - 100% unenfirceable

ricardovich wrote: »

Secondly, last week I sent letter 1 and the £1 Postal order to a number of CCCs and DCA's who had issued defaults on my credit file. Due to the scarcity of account details shown on the credit file a number of them have written back (and returned the £1) saying they need more info on the account I had opened with them. Some are asking for me to supply my last 3 addresses.

NO! You do not have to prove who you are - they must not ask for such details! Basically, those that wrote back asking for proof should be sent the following letter:

Dear Sirs,

Account No: XXXXXXXX

Thank you for your letter dated XX/XX/XXXX, the contents of which have been noted. In your letter you make reference to requiring additional identification.

I'd like to draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature or additional ID documents. If it is for Data Protection purposes then i can supply you with documentation to substantiate my identity to you.

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address and so I have to ask, if you are so concerned that you are corresponding with the correct person why has it taken you so long to raise this?

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of Data Protection, listed in schedule 1 of the Data protection Act 1998:

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

I look forward to receiving the documentation requested, within the next 14 days.

Yours faithfully




Sign digitally

ricardovich wrote: »

Shall I bother getting back to them - I'm trying to tidy my credit file up??

Yes, send above letter - by the way, your credit file will be a mess for 6 years - you knew this before though right? I would have told you :rolleyes:

ricardovich wrote: »

One DCA has today sent me back photocopies of my application forms for Amex accounts taken out in 1998 and 2001 - NOT the CCA.

Yes, you do that. This letter: 3. CCA Query