Unenforceability & Template Letters II

Scouse19

never-in-doubt wrote: »

Hiya,

Ok, you need to stop speaking to them now. Everything has to be done in writing.

Send this to the DCA (Fairfax):

Will do thanks mate...I did say to them on the phone that I won't be speaking from them from this point on so...

Just out of interest what happens if I get a CCJ letter? How do I play that one? I'm contesting them on two points you see...PPI which I don't believe I signed upto and also I don't reckon that they have an enforceable agreement...hence why I want the actual copy (to establish a claim to get PPI removed from the total and then to repay the remaining debt on my terms because they won't be able to take me to court). Just not sure how to fight with regard CCJ's as not something I've ever been involved in. I already have a default

With regards the £1, I actually never sent it. I forgot to put it in the envelope and then a week later Halifax sent me a supposed CCA, a horrendous photocopy of my supposed 2004 terms and conditions (1 page of PPI terms - not one mention about a personal loan) and a typed up statement of account anyway?!

never-in-doubt

Scouse19 wrote: »

Will do thanks mate...I did say to them on the phone that I won't be speaking from them from this point on so...

Just out of interest what happens if I get a CCJ letter? How do I play that one? I'm contesting them on two points you see...PPI which I don't believe I signed upto and also I don't reckon that they have an enforceable agreement...hence why I want the actual copy (to establish a claim to get PPI removed from the total and then to repay the remaining debt on my terms because they won't be able to take me to court). Just not sure how to fight with regard CCJ's as not something I've ever been involved in. I already have a default

Who defaulted you mate?

What is the balance of the debt?

I doubt they will get a CCJ and if they do, we'll sort it for you at the time but have a quick read here: http://www.insolvencyhelpline.co.uk/debt_factsheets/how_to_set_aside_a_judgment_in_the_county_court.php

Or do a google search for (application to set aside ccj)

If they ring you, simply say - sorry I don't know that person and hang up!

Gemmzie

Any ideas on my problem CID? Same as CCA request for signature I'd have thought so there must be a pee-off template somewhere.

Scouse19

never-in-doubt wrote: »

Who defaulted you mate?

What is the balance of the debt?

I doubt they will get a CCJ and if they do, we'll sort it for you at the time but have a quick read here: http://www.insolvencyhelpline.co.uk/debt_factsheets/how_to_set_aside_a_judgment_in_the_county_court.php

Or do a google search for (application to set aside ccj)

If they ring you, simply say - sorry I don't know that person and hang up!

1) Halifax defaulted me in 2006 (I know messed up paying until this summer - you've already told me off for that haha)

2) Total balance is around £4500 (PPI is about 1,500 of that)

3) I also have ongoing claims with Halifax for £960 in cc charges and £545 in bank charges (which I'm pretty sure is dead in the water after the supreme court ruling - I have tried the hardhip route too. No go)

never-in-doubt

Gemmzie wrote: »

Any ideas on my problem CID? Same as CCA request for signature I'd have thought so there must be a pee-off template somewhere.

sorry did I miss your post? Hang on - i'll check and edit this one

EDIT - sorry, didn't think you needed help lol, so just flew by it! Here you go though - good luck!

Gemmzie wrote: »

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?

You do not need to sign it LOL

Send this:

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 my signed authorisation.

Need I remind you I am making an offer to repay additional funds into the account? As such, 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. 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 your appropriate response, to my original proposal, within the next 14 days.

Yours faithfully




Sign digitally

never-in-doubt

Scouse19 wrote: »

1) Halifax defaulted me in 2006 (I know messed up paying until this summer - you've already told me off for that haha) Ok, so in essence you should only deal with HBOS then....

2) Total balance is around £4500 (PPI is about 1,500 of that) - fair enough, you can reclaim PPi but it will be set against the debt so you won't get it back i'm afraid... you know that right?

3) I also have ongoing claims with Halifax for £960 in cc charges and £545 in bank charges (which I'm pretty sure is dead in the water after the supreme court ruling - I have tried the hardhip route too. No go) - hold fire on this one, the way we fight this now is using regs 5 & 8 (not 6) - more info will follow in due course..... We will win the bank case, eventually - just won't be anyday soon.

See red answers above mate, so at this point just proceed as planned and see what develops....

Scouse19

never-in-doubt wrote: »

See red answers above mate, so at this point just proceed as planned and see what develops....

Yep I know that about the PPI being set off against outstanding debt, that's what I'm hoping for...brings balance down and then I hope its unenforceable so I can pay it off at my leisure rather than their time period and frequency (hopefully with refunded charges off other accounts with them). I am one of the crowd that feels you should ultimately pay it off, I just disagree with the banks tactics to enforce this and the unreasonable time periods they expect it to be returned when they don't do enough when you fall into trouble! So that's why I'm fighting back!

Thanks as always for your help mate. I'll let you know any updates

Lloyds_Dad

Good evening all CCA request 12 + 2 days have now gone with MBNA without any acknowledgment but I didnt pay the £ 1.00.

Do you think this will eventually come back to bit me in the backside and therefore should I resend my letter with a new date and the £ 1.00 fee

Wispa1

never-in-doubt wrote: »

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
Capquest own the debt now. It went to them in April 2009. I will have to check whether they have registered an additional default in addition to the one Capital One have done in August 2008

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
Thanks- just wanted to make sure I was doing the right thing, payments stopped

Send the following letter: 3. CCA Query

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


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?
I was paying Capquest but stopped my 30/11/09 payment when I sent the CCA letter to them. The sols have just got involved because I have cancelled my dd payment to Capquest. Capital one registered a default on 22/08/08.


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'?
I understand it is Capquest. I will need to get a copy of my credit file to confirm this. The sols letter has said "we act for Capquest Debt Recovery Ltd who are agents for Capital One". Could this mean they are one company?

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



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



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......

Thanks so much NID. It is a real help & a big relief to know you can help & I don't mean to confuse you

Wispa1

never-in-doubt wrote: »

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



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



Send the following letter: 3. CCA Query

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



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?



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.......



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



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......

Sorry the answers are in the above. I am still trying to work out how to use this system