Unenforceability & Template Letters II

never-in-doubt

leemuddywaters wrote: »

Ah right nice one, I didn't get the slip but it was sent on the 24th so the 12 days are up - still nothing back from them!

Ok mate time to send the 2. CCA Reminder

leemuddywaters

never-in-doubt wrote: »

Ok mate time to send the 2. CCA Reminder

Thanks one again NID, Im sending this request on a settled default in the hope of removal from my credit report, should I amend the letter in any way?

never-in-doubt

leemuddywaters wrote: »

Thanks one again NID, Im sending this request on a settled default in the hope of removal from my credit report, should I amend the letter in any way?

Ahh sorry don't send that then! I thought you sent the CCA or did you send the default removal letter?

If you're sending a pleading letter to remove the default then don't send anything, give them time to respond (don't want to upset them)...

Have you got a link to the letter you sent?

leemuddywaters

never-in-doubt wrote: »

Ahh sorry don't send that then! I thought you sent the CCA or did you send the default removal letter?

If you're sending a pleading letter to remove the default then don't send anything, give them time to respond (don't want to upset them)...

Have you got a link to the letter you sent?

Oh maybe Ive done things wrong, I sent a CCA request on a settled cap one accout, it was settled around a year ago but the default is still on my file, Was that wrong? I do have the letter I sent but its on my work Computer.

Also I sent an offer to settle letter in exchange for default removal on a current default I have with egg, balance is £3500 I offered £800 but haven't heard anything back on this.

What you think?

never-in-doubt

leemuddywaters wrote: »

Oh maybe Ive done things wrong, I sent a CCA request on a settled cap one accout, it was settled around a year ago but the default is still on my file, Was that wrong? I do have the letter I sent but its on my work Computer.

They will not reply, they do not have to comply with a CCA on settled (closed) accounts so forget this mate - legally they can write back saying no!

leemuddywaters wrote: »

Also I sent an offer to settle letter in exchange for default removal on a current default I have with egg, balance is £3500 I offered £800 but haven't heard anything back on this. What you think?

Give them 30 days and rend a reminder letter, remember to keep it nice as you're asking for help with Egg....

leemuddywaters

never-in-doubt wrote: »

They will not reply, they do not have to comply with a CCA on settled (closed) accounts so forget this mate - legally they can write back saying no!



Give them 30 days and rend a reminder letter, remember to keep it nice as you're asking for help with Egg....

Cheers, so my options with the cap one settled one are Zilch Basically? Do I Just wait until it drops off in 3 years, will this stop me from getting a mortgage?

With the egg one its now with a DCA so I sent to them, £800 offer on a balance of £3500 is a little cheesky I know!

never-in-doubt

leemuddywaters wrote: »

Cheers, so my options with the cap one settled one are Zilch Basically? Do I Just wait until it drops off in 3 years, will this stop me from getting a mortgage?

With the egg one its now with a DCA so I sent to them, £800 offer on a balance of £3500 is a little cheesky I know!

The default 'may' stop you but when over 3 years old it may not, it depends entirely on the lender but you can argue that it is settled etc..... unfortunately its likely Egg will do the same though mate :mad:

leemuddywaters

never-in-doubt wrote: »

The default 'may' stop you but when over 3 years old it may not, it depends entirely on the lender but you can argue that it is settled etc..... unfortunately its likely Egg will do the same though mate :mad:

Egg is already defaulted, do you think theres much chance of them accepting an offer in exchange for default removal? Can they issue a CCJ against me? If so will this then stay on for anther six years?

never-in-doubt

leemuddywaters wrote: »

Egg is already defaulted, do you think theres much chance of them accepting an offer in exchange for default removal? Can they issue a CCJ against me? If so will this then stay on for anther six years?

Ok, regards to Cap1 - its highly unlikely they will remove the default, they rarely do even when you have them over a barrel. Therefore, you need to hope whoever you apply for mortgage with only checks 3 years of public data (some do such as Halifax)....

So pointless hassling Cap1 - they will not reply with your CCA because they do not have to mate, you can only utilise s.77-s.78 if you have a 'live' account. As it is settled, they will just say no. :mad:

Regards to Egg, was it loan or card? When did you last pay and when did they default you? What have you done to date (with Egg), have you sent a CCA or nothing yet?

leemuddywaters

never-in-doubt wrote: »

Ok, regards to Cap1 - its highly unlikely they will remove the default, they rarely do even when you have them over a barrel. Therefore, you need to hope whoever you apply for mortgage with only checks 3 years of public data (some do such as Halifax)....

So pointless hassling Cap1 - they will not reply with your CCA because they do not have to mate, you can only utilise s.77-s.78 if you have a 'live' account. As it is settled, they will just say no. :mad:

Regards to Egg, was it loan or card? When did you last pay and when did they default you? What have you done to date (with Egg), have you sent a CCA or nothing yet?

Thanks mate, I wasn't aware that some lenders only check three years, is there a way of finding out who does and who doesn't? Cap one is a dead duck then basically.

It was a loan with Egg, defaulted in March 2006 and is now the RMA the debt collection agancy. Capital one defaulted in 2007 and was settled a few months later. I made a payment to the DCA last month of £50 and have been doing this on and off for a few years.

This is the letter I sent to RMA on the 24th November:


Dear Sirs,

Account No:

I write with reference to previous communication regarding an outstanding balance on the above mentioned account and wish to make an offer to resolve that will suitably please both parties.

I do have an outstanding balance on the account, as you are fully aware this is made up primarily of charges. However, a default to you and no payment will not achieve much and so I therefore write to try and resolve matters amicably, that will suit both of us long term.

I propose to offer a full and final payment to settle and close this account to the value of £800.00. This will take into account and absorb a lot of the charges that have been added to the account throughout time.

The alternative is for me to place the account formally into dispute and demand s.10 CCA (1974) is brought into play (cease & desist) whilst I reclaim all unlawful charges combined with all costs. I shall then look at the legality of the assignment of debt; the issuance of a default notice and the agreement (prescribed terms) and between them, I’ll probably be able to counter sue and litigate over unenforceability.

To confirm, I am more than happy to settle as much as £800 of the total amount owing 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 letter headed paper, confirming the exact amount owing and I will send a cheque by return. Failure to agree will result in more formal papers being sent, by return.

I look forward to your response.

Yours faithfully