Unenforceability & Template Letters II

coolchris

Hi all.
Littlewoods have admitted they cannot find a true signed agreement, and have sent my mum a letter saying that they are not going to pursue the debt of nearly 3 grand.
Now, could my mum claim back all the payments, charges and add interest at 8% because they have admitted that this debt is unenforceable?

Thanks for any advice.

never-in-doubt

coolchris wrote: »

Hi all.
Littlewoods have admitted they cannot find a true signed agreement, and have sent my mum a letter saying that they are not going to pursue the debt of nearly 3 grand.
Now, could my mum claim back all the payments, charges and add interest at 8% because they have admitted that this debt is unenforceable?

Thanks for any advice.

No, why? They have written the balance off so your mum owes nothing, therefore walk away and walk away briskly and ignore them!

DO NOT attempt this cos they will refuse you. Accept the fact you're 3 grand better off - lol.

coolchris

OK. Thanks. Yer, better to be safe than sorry I suppose.

Goodtimesahead

never-in-doubt wrote: »

Send one letter which encompasses all three so something like this matey

NID>

Excellent stuff, thanks for your reply, much appreciated! :T

leemuddywaters

I have a default from 2006 as Ive peviously discussed on here, if the DCA were to issue a CCJ against me would it be on my credit file for a further 6 years??

Flower567

never-in-doubt wrote: »

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!

Thanks NID. This probably sounds a bit dumb but my Mum has a CCJ(obtainined recenctly) so if they do dafault her then surely this wont have that much impact on her credit as it is already bad from the CCJ.

I just find it weird that they have written to say they are dropping the credit limit but not sent the agreement!

Goodtimesahead

NID>

RBS have a judgment for £10k for a credit card debt but it doen't seem to have been registered ie. as its not showing on any of my credit files and this was done back in April approx.

Recently I SAR'd them and found out they don't have a true copy of the original CCA so looks like they maybe be whistling in the wind. Recently though I received a letter from their solicitors on one hand sending various court paper work about an interim charging order application hearing end of Feb 2010 and more interestingly a "without prejudice" letter saying our client is willing to accept a partial payment in F&F settlement. Please make your offer within the next 7 days for consideration. Looks very much like they want to do a deal and I would be happy to do that so long as they agree to remove the default etc.

Now I know I can roughly use your F&F offer/default removal letter in the templates section but I don't know what parargraph/s to add about getting all the court stuff knocked on the head so they take no further action. Would you be able to suggest the correct wording here?

Also assuming they accept my F&F offer what papers/forms would I have to send to the court (if any)?

Thanks, look forward to your wonderful imput as usual.

Wispa1

Hi Nid - please can you help with the following. I sent a CCA to Natwest on 16/11/09 & they sent me an illegible copy of my credit card app form. Along with this they sent a conditions of use, a Credit Card Agreement regulated by the CCA sheet of paper and a statement of my account. I then wrote to them on 4/12/09 & sent the "illegible copy sent letter".
They have just responded to the "illegible letter" by saying "when responding to request under S78 we are compliant if we provide a true copy of the agreement in accordance to regs 3(2) & 7 (1)(b) of the consumer credit regs 1983" etc etc." They then go on to say "We have supplied a copy of the credit agreement that you agreed to ......(and continues exactly what is in your previous notes above). "I must therefore inform you that we see no reason to enter into further correspondance with you about alleged CCA breaches & if not satisfied with this response then to seek whatever legal redress you consider is open to you" . " I suggest you contact the Citizens advice bureau or other similar organisation if you continue to doubt the veracity of what we have told you about our having complied with our obligation under s78(1).

I am not sure of what to do now and how to respond. The credit card was taken out in Sept 1998. A default has already been added to the account & the account is with there "triton services" which is the collection arm of Natwest. My next payment is due to go out on 1/12/10.

with many thanks for all your help

Dojo_Jo_Jo

Hi Niddy,

Can you clarify something for me.

I have just received a copy of my original CCA from M&S, all seems genuine.

Firstly, do the prescribed terms need to be on the actual signed agreement? Or is it ok for them to be in the Terms & Conditions.

Secondly, this is the info they descibe under the term Credit Limit:

"We will determine the credit limit for the account from time to time under the agreement and notify you of it , which you must not exceed"

Does that fulfil their obligations? Seems a bit wooly to me.

Cheers

never-in-doubt

leemuddywaters wrote: »

I have a default from 2006 as Ive peviously discussed on here, if the DCA were to issue a CCJ against me would it be on my credit file for a further 6 years??

Yes, why? Have they suggested doing this?