Unenforceability & Template Letters II

never-in-doubt

Numpty_Monkey wrote: »

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:

Lol, they are trying it on with you mate? They must realise that delaying things doesn't help them and whilst they 'search' for the document, you do not have to pay (no derogatory data can be registered either)....

If they don't reply within 30 days from the actual date you sent the original CCA request then you must tell them the debt is unenforceable until such time they comply with your request. It could take them a year to 'find' it (sorry meant make one up for you lol) - why should you wait for them? You shouldn't!

You send this after 30 days - tough if they haven't found it! 4. CCA Dispute

Good Luck mate -

never-in-doubt

terimon wrote: »

Yes that is the case. Just wondering if silence is still the best way forward or should i reply to Triton by showing that NatWest agree its unenforceable.

Cheers once again

Mate you know the answer, we've discussed it in great detail already! lol :rotfl: :rotfl:

Ignore them!

terimon

never-in-doubt wrote: »

Mate you know the answer, we've discussed it in great detail already! lol :rotfl: :rotfl:

Ignore them!

I know but its soooo boring hiding, i want to send some more letters

terimon

Dear Sirs,

Account No: XXXXXXXX

I write with reference to the above numbered account. I would like to point out that this account is formally in dispute and has been since you failed to acknowledge my CCA Request (in line with s.88 CCA1974) which was sent on / xx / 2009.

As you are no doubt aware, your continual harassment not only breaches the Consumer Credit Act (1974), but also the Data Protection Act (1998), the Consumer Protection From Unfair Trading Regulations (2008) and the Office Of Fair Trading's debt collection guidelines.

Being that you are now in default of my CCA Request (and OFT Debt Collection Guidelines), I consider this account to be in serious dispute, especially due to the fact that whilst the CCA Request remains in default (outstanding), enforcement action is not permitted in line with s.127 (CCA1974).

If you decide to ignore my dispute and attempt enforcement through a Debt Recovery Agent, I will initiate legal action and file reports with the appropriate authorities including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

As a gesture of goodwill on my behalf, legal action will be stopped so long as you can agree to, and ensure that, the following actions will be carried out;

* The Default Notice will be removed
* The Status of the account will change from “Defaulted” to “Settled”
* The Current Balance will appear as £0.00
* The Default / Delinquent Balance will be set to £0.00
* There will be no date in the “Defaulted Date” field (as it will be removed)
* There will be no date in the “Date Last Delinquent” field on the report
* This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit

If you're happy with my proposal, please respond confirming each of the above points on official letterheaded paper. Failure to agree will result in more formal papers being sent, by return.

Yours faithfully

Terimon

:mad::mad::mad:

(i havent sent it by the way)

never-in-doubt

cejsmith wrote: »

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

Mate - that is as enforceable as my gas bill

Did you send the s.10 (cease & desist) after this letter or before you got this letter? Either way, you should ignore them from here-on-in until they comply properly!

As it is an old Midland account - this will be unenforceable 100% - they have not kept the old paperwork from that long ago so you'll be fine

never-in-doubt

terimon wrote: »

I know but its soooo boring hiding, i want to send some more letters

Mate do this and there is a chance they will bite you on the arsey cos it will prompt them into hunting for it.

Let it drop - its unenforceable, you ignore them and hope they take you to court at which point you'll have em! Just settle down and follow process, you cannot and will not achieve anything else now.

You have what you originally set-out to achieve

never-in-doubt

terimon wrote: »

Dear Sirs,

Account No: XXXXXXXX

(i havent sent it by the way)

Mate who is this for? I'm confused by your willingness to create a fuss when the matter is resolved??? :beer:

ricardovich

YOU ARE A LEGEND:T:T:T

never-in-doubt wrote: »

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:

Well I guess you did tell me, but I'm a dunce:o But what about the Default Removal Letters etc - can I not issue theses to clear my rating???

BTW.....I just wanted to say.....between you and me....:iloveyou:

terimon

Sorry. :embarasse

Was gonna send it to NatWest cos they passed it on to debt collection agency Triton even though they have sent two letters admitting unenforceability. Just wanted to stop any harassment starting from them

never-in-doubt

Wispa1 wrote: »

Hi - I need some advice in relation to "crappy one" please. On the 18th November I sent letter 1 requesting CCA to Capquest DCA.

Ok, so CapQuest own the debt yea? i.e. they registered the default? If not, you do not deal with them again. If so, then let me know

Wispa1 wrote: »

They responded on 20th saying the account is on hold for 28 days (until 18th December) while they obtain the information required.

Ok, but as they have stalled - the debt is unenforceable until such time they respond with a lawful CCA. Do not pay whatever you do

Wispa1 wrote: »

On the 27th capquest then sent a copy of a signed application form which literally has a name, address and signature from both parties with nothing else, ie no prescribed terms etc.

Send the following letter: 3. CCA Query

EDIT: do not send this yet as there are bigger issues right now.....

Wispa1 wrote: »

I cancelled my dd as payment was due out on the 30th.

Who are you paying? It is best advice to cease all payments from here-on-in. have you already been defaulted, if so, by whom?

Wispa1 wrote: »

On 1/12/09 "Crappy One" sent me a generic "terms of your agreement" with no signatures etc & could relate to anyones ac.

I'm confused here - who owns the debt? Crappy1 or CrapQuest? Please confirm what the credit agency record reads - there should be 2 - one to crappy1 showing 'settled' and one to crapquest showing 'default'?

This will help me out a little.......

Wispa1 wrote: »

I then sent the dispute letter to capquest dated 4/12/09 saying the ac was now in dispute as they had not responded to my request. I have just received a sols letter acting on behalf of Capquest for my payment of £30 which I did not make as I cancelled the dd & they want payment by 12/12/09.

Don't worry about this right now, i'm confused and need you to confirm things before we proceed.

Wispa1 wrote: »

I am not sure of what to say & to whom now as there are 3 parties involved. Please help & many thanks.

Ok, well i'll be able to sort this for you when I know who owns the debt, only your credit record will show this......