Unenforceability & Template Letters II

never-in-doubt

putty71 wrote: »

I had hoped you would say I could bargain with them if they did not have a valid cca and offset the charges against the outstanding balance, say thanks and bye to them"!!!

Oh well

They make an offer mate, at which point you accept or decline so if you get an offer, then you can try and negotiate but they will not listen cos they will deduct the balance from the reclaim which means they get repaid regardless of whether you 'haggle' - its a catch 22 if you see what I mean

never-in-doubt

Is everyone on strike til after the judgement? It's so very quiet here lately

critty_2

never-in-doubt Which letter would you suggest for a Roxburghe proof of debt for a mobile phone from 2004? As a just in case sort of thing cos I am gonna try and wait it out till march for a statute of baring but if that fails I juat want to be prepaired.

never-in-doubt

critty wrote: »

never-in-doubt Which letter would you suggest for a Roxburghe proof of debt for a mobile phone from 2004? As a just in case sort of thing cos I am gonna try and wait it out till march for a statute of baring but if that fails I juat want to be prepaired.

Hiya

definitely wait until you are 100% sure 6 years have passed from last payment / then send this: 15. Prove it Letter

critty_2

never-in-doubt wrote: »

Hiya

definitely wait until you are 100% sure 6 years have passed from last payment / then send this: 15. Prove it Letter

Thanks. The default was recorded in march 2004 with HFO but I assume the default would have been in effect for far longer than this. Will wait till march and see what happens.

never-in-doubt

critty wrote: »

Thanks. The default was recorded in march 2004 with HFO but I assume the default would have been in effect for far longer than this. Will wait till march and see what happens.

Have you got a copy of your credit file? If not get one and post what it says before writing to anyone lol

Default date
Last payment date

Thats all we need to work from matey

critty_2

never-in-doubt wrote: »

Have you got a copy of your credit file? If not get one and post what it says before writing to anyone lol

Default date
Last payment date

Thats all we need to work from matey

Right a little update.

Phoned 3 with the account number roxburghe provided. They have confirmed I owe nothing to them and that the account was closed some time in feb 2004. He said with the account now been nearly 6 years old there is very little in way of records other than it was settled and cleared with them and as far as they are concerned they would like to make another contract with me. As if! :rotfl:

Just been onto experian website and the default was placed on my file on the 20/02/2004 wit an initial balance of £362. The current balance however is for £372.

Now roxburghe, who I am refusing to phone, say on their letter that I owe £667 for the exact same account number that 3 say was settled nearly 6 years ago.

My girlfriend has said that I have not to ignore the letter, no matter how much I just want to shred it, so I want to know which letter I need to use to ask them to prove the debt actually exists and if it does then as to the breakdown of costs for the current balance because I think nearly doubling the value amounts to robbery.

Also 3 have said that from the remains of the account that it's possible the ballance was handed over earlier than 20/02/2004 which was when the default notice appeared on my file.

The plot thickens and my lust for roxburghe blood rises

Flower567

Hello

I hope you remember me! I wrote a couple of weeks ago on behalf of my Mum regarding one of her credit cards.

Just to update you - I sent the first letter to MBNA requesting a copy of the CCA - this expired last Friday and we have not received anything at all from them other than a letter stating that they were dropping the credit limit by £5,000 and this was not negotiable! I am therefore going tos end the second letter today and see if we get anyhting within the next 30 days - will let you all know!

NID - Just a quick question, I note that the letter states that we will now stop payting the card - I am presuming that we do this as of today - i.e. go to the bank and cancel the direct debit. Would it have any effect if we continued paying this.

Thanks for your help.

never-in-doubt

Flower567 wrote: »

NID - Just a quick question, I note that the letter states that we will now stop payting the card - I am presuming that we do this as of today - i.e. go to the bank and cancel the direct debit. Would it have any effect if we continued paying this.

Thanks for your help.

Hiya,

You know if you stop payments then they could default your mum? The reason they dropped the limit, I guess, is to stop you spending it then doing CCA!

But to answer you, they will not respond if you pay them, why will they - after all, they are being paid!

never-in-doubt

critty wrote: »

Right a little update.

Phoned 3 with the account number roxburghe provided. They have confirmed I owe nothing to them and that the account was closed some time in feb 2004. He said with the account now been nearly 6 years old there is very little in way of records other than it was settled and cleared with them and as far as they are concerned they would like to make another contract with me. As if! :rotfl:

Just been onto experian website and the default was placed on my file on the 20/02/2004 wit an initial balance of £362. The current balance however is for £372.

Now roxburghe, who I am refusing to phone, say on their letter that I owe £667 for the exact same account number that 3 say was settled nearly 6 years ago.

My girlfriend has said that I have not to ignore the letter, no matter how much I just want to shred it, so I want to know which letter I need to use to ask them to prove the debt actually exists and if it does then as to the breakdown of costs for the current balance because I think nearly doubling the value amounts to robbery.

Also 3 have said that from the remains of the account that it's possible the ballance was handed over earlier than 20/02/2004 which was when the default notice appeared on my file.

The plot thickens and my lust for roxburghe blood rises

Right mate - you need to ignore the girlfriend for once and actually listen to me, I do know what i'm on about here!

Right, your first mistake was admitting liability - never ring and speak to them! I guess you missed my last post where I said don't make contact until you have your credit file lol?

You have to ensure that you do not speak to them again! What you'll find is they can now, if they are quick and clever, get a CCJ against you before the default drop off date in Feb 2010 and you know what that means? 6 more years of no credit!

You need to either listen to the advice or do it yourself..... up to you?

My advice? Simple, do not speak to them or write to them anymore - this will be a mistake. When 1st March 2010 comes apply for your credit file and the default should be gone. You just got to hope they aren't clued up to the system or that phone call could make you go back 6 years in essence!



You need not write anything - on 1st March the debt will be gone and also Statute Barred, meaning it would be illegal for them to request money.