Unenforceability & Template Letters II

never-in-doubt

Flower567 wrote: »

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!

Ahh, ok so her credit file is already trashed in which case, you're right - don't worry about a default so cease repayments asap.

never-in-doubt

Dojo_Jo_Jo wrote: »

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

It can be within an attached document so long as it refers, its not often HSBC get them wrong to be fair....... it may well be genuine. Yes, the prescribed terms can be within the T&C's so long as they are attached to the CCA.....

The credit limit is fine, they all say that

Sorry, looks like this one is enforceable from what you say :mad:

critty_2

never-in-doubt wrote: »

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.

Hi

Sorry just come off nights and my head was not fully with it when I wrote that reply. I just wanted to confirm that in no way did I actually confirm that I owed this debt to 3. All the phone did was confirm the address to which the account was held, which is a very old address that I lived in with my ex and also the address that is on the default on my credit file. Also it confirmed only that the account with three was closed at some point between feb 2003 and feb 2004 and that three held no records to anything other than the account was cleared and that I owe nothing with them. Again I want to stress that I said nothing about roxburghe or the £667 to which they say I owe. I also want to stress that I am not going to contact roxbure via phone and the letter is going to be only a last resort or as a stalling process.

If anything the conversation with three went as such
me: "Hi I need to talk to someone about account number blah blah blah"
Indian call center guy: "Thank you. Can I just mention this account is closed and that the account records are no longer kept and that I can only confirm your name and address and contract period."
me: "Oh ok can I just confirm the address and date the account was closed"
The Indian call center: "Yes the address is blah blah and the closure date was feb 2004."

and that's all that was said. I never confirmed my date of birth or anything which I found to be rather odd.

As for the leaving it thing.... I really can't as my girlfriend has said she would leave first if I left it alone and didn't send a letter because she does not want to go through all the hassle.

never-in-doubt

Goodtimesahead wrote: »

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.

Hiya

Ok, first off - the 'without prejudice' basically means you cannot use it in court so they do not want the court to know about the offer (wonder why)....

Regards to the court stuff, add a paragraph saying so: See below

Dear Sirs,

Account No: XXXXXXXX

In consideration of your latter dated XX/XX/2009 I hereby offer £XXXX as full and final settlement for the above numbered account with the conditions below attached to my offer. This means all derogatory data should be removed from my credit file and confirmation that the court hearing has been cancelled.

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 the account with my offer of £XXXX so long as you can agree to, and ensure that, the following actions will be carried out;

• The court date will be cancelled
• 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 letterheaded paper 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




Sign digitally

never-in-doubt

critty wrote: »

As for the leaving it thing.... I really can't as my girlfriend has said she would leave first if I left it alone and didn't send a letter because she does not want to go through all the hassle.

Hiya, understand the rest of your post - fair do's.....

Ok, the girlfriend thing. You don't need me to tell you she is wrong do you - does she realise the moment you send a letter off that they will expect you pay £700 and then your credit file will be ruined for 6 years - all for waiting 6 weeks?

Sorry mate, if she was mine i'd say go - bye, close the door on the way out! BUT she isn't, however you need to grow balls and tell her to shut up unless she knows what she is on about. She will cause you more trouble long term by insisting you write in.....

Have you considered just getting one of my letters from page 1 printing it off and saying you sent it - even though you dont?

All you need to do is sit tight for 2 months mate - its not hard is it? Make up a story and bullsh!t her - anything! You cannot write, if you do then that is 6 years gone!

I cannot advise any further. After the 6 years have passed the default will have gone and if you get any letters, you simply respond with the following which will get rid of them.

Dear Sirs,

Account No: XXXXXXXX

You have contacted me regarding the account with the above reference number, which you claim is owed. I would like to point out that we have no knowledge of any such debt being owed to you.

The ‘Office of Fair Trading Debt Collection Guidance’ states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. They also state that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and/or unfair methods.

Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment, amounts to physical and psychological harassment.

In light of the above, I formally request that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed, within the next 14 days.

Yours faithfully




Sign digitally

Dojo_Jo_Jo

Thanks for clearing that up.

To be honest, M & S are the only company who have come back with exactly what I asked for and covered the attachments with such a polite letter that I don't have a problem with this account.

They even appologised for the delay in getting a copy of the original to me!

Still waiting for MBNA, CitiCards, HBOS etc...

in_a_spot_of_bother

I've never written on a forum and I don't know if I am writing in the correct place but I hope I might be able to get some advice.
I have a Natwest credit card from years ago. I changed house a few years ago an have always paid all my balances in full and on time by Direct Debit.
When I moved house, I let all the relevant parties know about it but must have forogtten Natwest as I just had the credit card in my files for emergencies. As far as I was aware, there was no account. My balance was zero and I was never gonna use it again.

In March, my partner and I set up a 90 day free trial with tesco DVD rental. This is where I have complete amnesia - according to Tesco DVD rental, I used the Natwest card! Bizarre as have another card I use for EVERYTHING and I simply do not recall doing this. After the 90 day free trial, we checked who's card we had used to set up the account as we wanted to continue with the DVDs for another 2 months at 7.23 per month. On the account it said a Visa in the name of my partner. I thought no more about it.

The person who lives in my old home has forwarded on some mail to me and in it is a letter dated 12th nov 2009 saying I owe 79.61 for two payments of 7.23 plus late fees and interest dating back from 15th June.

I now understand why I have twice been rejected for a credit card when this has never happened before.

I paid off 25 just now as this was the minimum needed to set the account legally right. What leg do i have to stand on in terms of fighting all those charges. Surely, the bank could have realized there was an issue as I had always paid in full before and for such tiny amounts, why didn't they just call the house and ask where I now lived?

Secondly, is there any way I can save my credit rating as this seems really unfair? I'm a responsible, honourable person with the ability to pay off what I spend on my credit cards. I simply made the mistake of not writing to one bank with a new address. Is there any way i can lean on the tescodvdrental for having inaccurate info on their system. They have admitted it should not have said the card on the account was my partners.

I'm so upset I've been so daft but wish banks could have more common sense...can anyone help, please???

Wispa1

HI NID - Please could you advise on #785 as I am really stuck. Thanks for all your help .

critty_2

never-in-doubt wrote: »

Hiya, understand the rest of your post - fair do's.....

Ok, the girlfriend thing. You don't need me to tell you she is wrong do you - does she realise the moment you send a letter off that they will expect you pay £700 and then your credit file will be ruined for 6 years - all for waiting 6 weeks?

Sorry mate, if she was mine i'd say go - bye, close the door on the way out! BUT she isn't, however you need to grow balls and tell her to shut up unless she knows what she is on about. She will cause you more trouble long term by insisting you write in.....

Have you considered just getting one of my letters from page 1 printing it off and saying you sent it - even though you dont?

All you need to do is sit tight for 2 months mate - its not hard is it? Make up a story and bullsh!t her - anything! You cannot write, if you do then that is 6 years gone!

I cannot advise any further. After the 6 years have passed the default will have gone and if you get any letters, you simply respond with the following which will get rid of them.

Thanks mate. I understand what you are saying and I have told her that she needs to trust me on this. She has agreed to hold tight and wait to see what happens. I told her it's gonna be rough for a while but it will pass soon enough. I also told her that what she said is not fair and that it's basically emotional blackmail of sorts, this is completely not pat of the debt issue but a stress I didn't need. She cried, I cried, end of. Also it helps that I had dragged her to citizens advice and they said same.

As for the letter I am not gonna send it until I am 100% sure that I will win. I am not gonna let the !!!!!!!s screw me for a debt my ex left me in. I am gonna hold strong and wait this out.

Thanks you for advising me on this matter. I am gonna win this and I want them to know this.

never-in-doubt

critty wrote: »

Thanks mate. I understand what you are saying and I have told her that she needs to trust me on this. She has agreed to hold tight and wait to see what happens. I told her it's gonna be rough for a while but it will pass soon enough. I also told her that what she said is not fair and that it's basically emotional blackmail of sorts, this is completely not pat of the debt issue but a stress I didn't need. She cried, I cried, end of. Also it helps that I had dragged her to citizens advice and they said same.

As for the letter I am not gonna send it until I am 100% sure that I will win. I am not gonna let the !!!!!!!s screw me for a debt my ex left me in. I am gonna hold strong and wait this out.

Thanks you for advising me on this matter. I am gonna win this and I want them to know this.

Hi mate

Nice work - glad you got there in the end. You are right, it was wrong of her to 'hit you with that' after all, its from your past and the sooner it goes the better - surely? lol

Anyway, moving on - nothing will get bad, you will not hear from anyone mate - just forget about it and carry on regadless, no1 will touch you and no1 can touch you.

Basically, do nothing until you come here and seek advice. The CAB are ok but they can be hard to get an appointment with, at least now I hope you trust me being they confirmed the same!

Anyway, all you do now is ignore everyone - do not open or reply to any mail/phone calls. You must agree to this ok? If you open a letter from a DCA DO NOT RING THEM you must ignore it or post here (even PM me) and i'll advise further.

Then on 1st March 2010 you apply for your credit file and check the default has gone. It will have done and that is it - all forgotten, finished.

If you speak to them or reply to their letters, add 6 years onto the default removal date and start the long wait again......

Make sense? Great, then I hope you have a great x-mas and speak again 1st March ok? lol :beer: :beer: