Unenforceability & Template Letters II

flosss

Hi,

I have been contacted a couple of times over the last few months by a company called Capital Returns. In the first instance they claim I am entitled to some compensation and return of broker fees from a mortgage broker called Black and White who arranged my mortgage. Apparently they have been closed down for fraud. During the conversation they explored other debt and suggested attacking my credit card debt through unenforceability.

Obviously I told them to "bog off" when they asked for £995 over the next 6 months.

I've read many of the posts on here and have a couple of questions.

1. Is there a way I can explore the situation about Black and White mortgage company without going through a claim management company?

2. I have two hefty credit card debts totalling approx £19,000. I am managing the payments and am up to date with no arrears, but will never get rid of them at this rate. On one of them, the minimum payment is purely interest. If I explore the unenforceability route, but continue making payments until resolution is reached, is a default guaranteed? I am loathe to saddle myself with 6 years of no credit if I can avoid it! Are there any examples of people where the debt has been negotiated away because of unenforceability?

Many thanks in advance. This thread (and NID) is amazing. :T

never-in-doubt

flosss wrote: »

I have been contacted a couple of times over the last few months by a company called Capital Returns. In the first instance they claim I am entitled to some compensation and return of broker fees from a mortgage broker called Black and White who arranged my mortgage. Apparently they have been closed down for fraud. During the conversation they explored other debt and suggested attacking my credit card debt through unenforceability.

These guys? http://capitalreturns.co.uk/unfair.asp

Mortgage guys here?

http://www.mortgagesolutions-online.com/mortgage-solutions/news/1485066/black-white-pull-regulated-mortgage-market

http://www.mortgagesolutions-online.com/mortgage-solutions/news/1495113/black-white-s-debts-estimated-gbp3m

flosss wrote: »

Obviously I told them to "bog off" when they asked for £995 over the next 6 months.

Good - wise decision

flosss wrote: »

1. Is there a way I can explore the situation about Black and White mortgage company without going through a claim management company?

No need to go through any company - but as B&W are insolvent, you'll be in a long list of creditors and to be honest it'd be better to walk away.....

flosss wrote: »

2. I have two hefty credit card debts totalling approx £19,000. I am managing the payments and am up to date with no arrears, but will never get rid of them at this rate. On one of them, the minimum payment is purely interest.

How much :eek::eek:

flosss wrote: »

If I explore the unenforceability route, but continue making payments until resolution is reached, is a default guaranteed?

You only get a default if you cease payments, however i'd not do anything right now until after the test case judgement in January as this could answer things for you in a clearer way. I'll post updates and any law changes here; so you won't miss out if you sub to this thread

flosss wrote: »

I am loathe to saddle myself with 6 years of no credit if I can avoid it! Are there any examples of people where the debt has been negotiated away because of unenforceability?

Nope, lenders do not negotiate - you owe £XXX and they want £XXX paying back. Why would they negotiate with you? There is nothing in it for them, they will only mess you around if you try to negotiate......

Ultimately, if the debt is unenforceable then you have to stop paying or they will never take you serious, this results in trashing your credit score but means you're £20k better off! No credit in 6 years isn't that bad, when you'll be paying this for many more years than that and still may not be able to get credit.....

flosss wrote: »

Many thanks in advance. This thread (and NID) is amazing. :T

Thank you :grouphug:

captainhaggis

never-in-doubt wrote: »

Classic - I bet Cap'n will like that too (be careful though, that nuggat will send it - he's mad!)... :rotfl::rotfl::rotfl:

I've got DHL picking it up in the morning mate.... :beer:

putty71

Hi Never

I'm off to get a cheap scanner this weekend so that I can post some of the 'cca ' responses I have had on here. can you have a look and let me know what you think please as I really am getting lost in this prescribed terms m larky. Is it better to PM them to you?

Cheers
putty

impetus

Hi NID,

I have a couple of CCA's that might need a bit of a view....HBOS can't find theirs, shame! As it looks like a couple of creditors are going to trash my credit rating despite the fact I have a DMP up and running I may as well fight back. Barclaycard are currently phoning me 12 times a day despite the harrasment letter being sent! They are now sending text messages too!

Screw the lot of them. I am trying to pay them back but it makes you wonder if it's worth it?

scarednshakin

Hi NID, got a reply today to the Clydesdale letter I sent out No 725 in the old thread.

'Our understanding of the issues you have raised is:

You dispute a default noted on your credit file 10 June 2009 as it is your understanding that this is not permitted under section 10 of the Data Protection Act 1998.

You claim that you have never received any notice with regard to the default issued on this account.

You state that under section 87(1) of the CCA 1974 the default notice should include:

A statement saying the notice is a default notice served under section 87(1) of the 1974 Act.
A description of the agreement.
The name and address of both the debtor and the creditor.
Details of the breach (ie late payment) and, if the breach can be remided, the datge by which it must be remided or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date.

We note the purported exercise of your rights under section 10(1) of the Data Protection Act 1998. Please note that this right does not apply where any othe conditions in paragraphs 1 to 4 of Schedule 2 is met. Consent to the disclosure of this information was given when you took out the product.

With respect to your assertion that certain information must be given when a default is applied, this information was given in the default notice issue 10 June 2009. Please find enclosed a further copy for your records.

We can confirm the Bank's position in this matter remains unchanged from our letter dated 12 October 2009. Furthermore, irrespective of whether you succeed in obtaining a declaration that the agreement will not, or cannot be enforced, please be advised that if you fail to make repayments in accordance with the terms of your agreement with us, we will be disclosing any adverse data to Credit Reference Agencies in accordance with our agreement'.

What do I do now? Any advice gratefully recieved as not sure if I am any futher forward. Ta very much matey.

never-in-doubt

putty71 wrote: »

Hi Never

I'm off to get a cheap scanner this weekend so that I can post some of the 'cca ' responses I have had on here. can you have a look and let me know what you think please as I really am getting lost in this prescribed terms m larky. Is it better to PM them to you?

Cheers
putty

How many exactly?

Woah - just so you all know I don't have time to check the CCA's for you! Page 1, post 5 explains what to do! :eek::eek:

I am tooooo busy right now!

never-in-doubt

impetus wrote: »

Hi NID,

I have a couple of CCA's that might need a bit of a view....HBOS can't find theirs, shame! As it looks like a couple of creditors are going to trash my credit rating despite the fact I have a DMP up and running I may as well fight back. Barclaycard are currently phoning me 12 times a day despite the harrasment letter being sent! They are now sending text messages too!

Screw the lot of them. I am trying to pay them back but it makes you wonder if it's worth it?

HBOS - Unenforceable
MBNA - Unenforceable (other thread)
Barclays - send this to their registered office:

Dear Sirs,

Account No: XXXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. 12 a day is totally unacceptable and will no longer be tolerated. All calls will now be recorded and used against you in evidence.

I have verbally requested that these stop, but I am still receiving calls and I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

This is your final warning, continuation will result in immediate reporting and legal action.

Yours faithfully




Sign digitally

never-in-doubt

scarednshakin wrote: »

Hi NID, got a reply today to the Clydesdale letter I sent out No 725 in the old thread.

What do I do now? Any advice gratefully recieved as not sure if I am any futher forward. Ta very much matey.

Have they sent a copy of the default notice to you? If so, thats that mate - does the date tally with the entry on the CRA (i.e. 10th)?? You need to wait anyway, til January because the test case will allow us to work out if this has changed (i.e. being able to register a default etc)..... we are unclear right now and no lender will remove it until the test case is concluded (7th Jan)

Sit back and enjoy xmas mate :beer:

scarednshakin

never-in-doubt wrote: »

Have they sent a copy of the default notice to you? If so, thats that mate - does the date tally with the entry on the CRA (i.e. 10th)?? You need to wait anyway, til January because the test case will allow us to work out if this has changed (i.e. being able to register a default etc)..... we are unclear right now and no lender will remove it until the test case is concluded (7th Jan)

Sit back and enjoy xmas mate :beer:

Hi, yep they sent out a copy of the default dated the 10th but they received the CCA request on the 9th. Will wait n see what happens. Ta for that :beer: