Unenforceability & Template Letters II

captainhaggis

It amazes me how creditors handle different people's debts in different ways.

I've been paying reduced amounts to my creditors for a few years now and while I hear of other people having had their debts passed to DCAs in less thime than that, mine are still with the OCs.

never-in-doubt

captainhaggis wrote: »

It amazes me how creditors handle different people's debts in different ways.

I've been paying reduced amounts to my creditors for a few years now and while I hear of other people having had their debts passed to DCAs in less thime than that, mine are still with the OCs.

Its all to do with how quick you let them know about your issues mate - plus a few years ago, the lenders were more willing to help out - not so now i'm afraid......:D

leemuddywaters

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:




NID what do you think of the above and the letter I sent?

ricardovich

Just a quicky Niddy,

I'm just getting my paperwork in order.

I have written the 12 day + 2 letter plus the 30 day letter to various DCA's (so I guess I'm at Step 4 of your template letters).

The stated time has now passed and none of them have got back to me with a CC Agreement.

What's next fella?? I was looking for Step 5 but there doesn't seem to be one??

captainhaggis

I've just been defaulted by the !!!!!!s at MBNA despite my having put the account in dispute because they cannot give me a valid CCA.

I think NID is going to work on a letter to send them which may be of use to others, so hopefully he'll post it on here.

fermi

captainhaggis wrote: »

I've just been defaulted by the !!!!!!s at MBNA despite my having put the account in dispute because they cannot give me a valid CCA.

Bound to happen really......

captainhaggis

fermi wrote: »

Bound to happen really......

Yeah, true.

The letter is giving me 10 days to pay them a sum of money (under a hundred quid) to reverse the default. Then they say they'll take action against me if the account does go beyond the 10 days with the money still outstandign.

fermi

With MBNA it will all be automated letters sent out. Whether they can carry out any of the legal threats they contain doesn't really matter to them, they just get sent anyway. :rolleyes:

Annoying I grant, but little more when you realise that.

never-in-doubt

ricardovich wrote: »

What's next fella?? I was looking for Step 5 but there doesn't seem to be one??

You should have sent the request, then a reminder then the s.10 letter. Then you ignore them (and stop paying).

3 processes mate lol not 5

never-in-doubt

captainhaggis wrote: »

Yeah, true.

The letter is giving me 10 days to pay them a sum of money (under a hundred quid) to reverse the default. Then they say they'll take action against me if the account does go beyond the 10 days with the money still outstandign.

Mate as Fermi says, they are automated. Basically you ignore them. If they have not given you a 14 day notice before action letter then any default they add is unlawful - simple. I think the letter you have is this, so in about 3 weeks you'll get served the actual default notice but you can get it removed (by going to court) as they cannot do this whilst in dispute (but they do do it)! :mad:

Just ignore them, not even worth arguing over mate.