Unenforceability & Template Letters II

CharlieWales

Hi. I have a few problems with debt amounting to about £10k on credit cards and overdrafts. There are 2 bank accounts and 3 credit cards. I have been defaulted on 4 of them and these will come off in about 4/5 years. Im only 28 and don't want to damage my future prospects too early at this stage in my life. However, I don't live in the country anymore and have been away for a year, and will be away for at least another year. I know its immoral and unethical, but if I can avoid paying this back I would like any advice available. I read about debt being statute barred after 6 years, however, I also read this will always be on your file as 'owed'. Do you have any advice on how to avoid this? I still have two UK working bank accounts and one credit card. I don't want to mess these up. I am paying this debt back at £100 a month through a DMP. Any advice would be greatly appreciated.

never-in-doubt

CharlieWales wrote: »

Hi. I have a few problems with debt amounting to about £10k on credit cards and overdrafts. There are 2 bank accounts and 3 credit cards. I have been defaulted on 4 of them and these will come off in about 4/5 years. Im only 28 and don't want to damage my future prospects too early at this stage in my life. However, I don't live in the country anymore and have been away for a year, and will be away for at least another year. I know its immoral and unethical, but if I can avoid paying this back I would like any advice available. I read about debt being statute barred after 6 years, however, I also read this will always be on your file as 'owed'. Do you have any advice on how to avoid this? I still have two UK working bank accounts and one credit card. I don't want to mess these up. I am paying this debt back at £100 a month through a DMP. Any advice would be greatly appreciated.

Hiya

You will always link back to the old address so will link to the old credit history if you see what I mean> i.e. when you come back to the uk, say you want to apply for something you'll be asked for your address; if less than 3 years provide previous address (i.e. the foreign one) but as only 2 years there, you'll have to provide the debt address - see what I mean now?

Regards to avoidance of the debt - sorry but i'm not into this, different if it was unenforceable etc but not plain avoidance. There will always be links anyway as you state, you're keeping some accounts open. So you'll never get away with it and they will keep chasing you unless you ignore everything for 6 years and do not keep any of the old debts.

Also, you do realise that if you're on a DMP and repaying debts the accounts will pretty much be knackered, i.e. they will not let you spend on them once you've paid them off - if they do the limits would be dire!

To avoid this you need to, close everything then do not apply for anything for at least 3 years so your previous address doesn't get asked (i.e. no old debt link will follow you) then try for a bank account and work up.

The statute barred period is 6 years from last payment and if after 6 years they have not found you, then the debt is gone forever - they cannot chase you for it again - ever!

Good Luck - bear in mind I cannot assist you in avoiding a debt deliberately - I think i've already told you way too much :think:

Goodtimesahead

nid>

Amex sent back a copy of a 60 sec application form back in 2003 which shows my signature and the attached papges & pages of terms & conditions etc etc! (A fat wad of papers!)

They also returned the £1 cheque and said they were happy to waive the CCA request fee! What do you suggest best be done about this and letter to send back? Thanks

never-in-doubt

Goodtimesahead wrote: »

nid>

Amex sent back a copy of a 60 sec application form back in 2003 which shows my signature and the attached papges & pages of terms & conditions etc etc! (A fat wad of papers!)

They also returned the £1 cheque and said they were happy to waive the CCA request fee! What do you suggest best be done about this and letter to send back? Thanks

Hiya

A 60 second application does not have all the Prescribed terms, right? Thus it is not acceptable - send this in response:

16. Various CCA Query Letter 'Variations'
Variations of CCA Queries, i.e.
- CCA Dispute - Illegible Copy Document Supplied;
- CCA Dispute - Terms & Conditions Supplied;
- CCA Dispute - Copy Document Supplied;

Obviously, click the link and then go to the middle letter (highlighted red above) and send that!

Goodtimesahead

Also Halifax are trying something new by the looks of it, sending a CCA reply and refering to a copy of your reconsitituted version of the executed agreement, copy terms and conditions but no signed agreement! Saying "By providing a copy of the agreement complying with the requirements of the regulations the agreement remains enforceable".

"We will not enter into any further correspondence with you regarding the requirements relating to the provision of copy agreement. I you are using the services of a claims amangement company we would like to remind you of the recent warnings issued by the Ministry of Justice and CAB" ...then providing a couple of links!

Have you heard about these replies by Halifax are they saying anything new, I assume send them a CCA query as no true copy agreement was supplied?

Goodtimesahead

never-in-doubt wrote: »

Hiya

A 60 second application does not have all the Prescribed terms, right? Thus it is not acceptable - send this in response:



Obviously, click the link and then go to the middle letter (highlighted red above) and send that!

Yes, no prescribed terms on the 60 sec application form!:j
Only sent me a bible of terms and conditions, good for the door stop:D

What about the returning of the £1 fee is this one of their tricks, should I send it back to them?
nid :T

never-in-doubt

Goodtimesahead wrote: »

What about the returning of the £1 fee is this one of their tricks, should I send it back to them?

No - just keep hold of the cheque for the moment, unless they request it again. But otherwise, send the letter and see what they come back with.

never-in-doubt

Goodtimesahead wrote: »

Also Halifax are trying something new by the looks of it, sending a CCA reply and refering to a copy of your reconsitituted version of the executed agreement, copy terms and conditions but no signed agreement! Saying "By providing a copy of the agreement complying with the requirements of the regulations the agreement remains enforceable".

"We will not enter into any further correspondence with you regarding the requirements relating to the provision of copy agreement. I you are using the services of a claims amangement company we would like to remind you of the recent warnings issued by the Ministry of Justice and CAB" ...then providing a couple of links!

Have you heard about these replies by Halifax are they saying anything new, I assume send them a CCA query as no true copy agreement was supplied?

I know exactly what they are saying - it will be the links to the OFT page and more than likely a BBC one about the fact lenders have to conform to certain requirements - this link maybe? http://news.bbc.co.uk/1/hi/business/8365018.stm or this one: http://news.bbc.co.uk/1/hi/business/8393768.stm

(remember this post I sent you: #575 )

However, if they have sent a reconstruction this would 'suggest' they don't have an original and so hold fire until after the test case judgement before persuing this.....

atwitsend_2

Hi, I am a complete newbie to this!
I have requested CCA's for my OH's two barclaycards that he took out in 1996. What are barclaycard most likely to send back to us?

Blessed_+_highly_favoured

Hello! Good evening.

I would like some help on a DCA situation.

I recently send off the first template letter from this thread to Moorcroft re a defaulted bank account and loan agreement originating from Lloyds TSB that had been bounced around from DCA to DCA (mostly during having my head in the sand!). I had been having financial troubles in 2008 and was made redundant almost a year ago. Having checked my Experian credit report it is still showing the default as belonging to Lloyds. Moorcroft had been badgering me for payment of the debt and as it is the biggest non-mortgage debt I have (and I was dealing with the courts already attempting to take my house from under me) I agreed to paying 40 pounds a month to them from my Jobseekers. I am currently fighting bank charges and PPI insurance claims from Lloyds TSB and also have read that DCA's buy the debt for pennies and am confused.

They sent me the below reply:

"We refer to your recently received letter requesting data as per Section 77-29 Consumer Credit Act 1974."

"We duly confirm that we have requested the relevant documentation from our client and once received we will duly forward the same to you. Meanwhile we duly confirm that all collection activity on the account has been put on hold and we will not seek to enforce payment of this debt until such time as the documentation has been supplied or we have advised you to the contrary."

"In the meantime, however we believe that it may be of assistance to all parties if we also thake this opportunity to ensure that any potential areas of dispute are addressed prior to any possible ourt action or further investigation. To the end can you provide an indication of the information you will be relying upon, when giving evidence to the court or information to the relevanct statutory authorities in relation to the alleged subject matter of the account."

"Please could you provide this information by return as this will ensure that all possible areas of dispute are identified as quickly as possible thereby minimising potential costs and delays."





I'm not sure if I have bitten off more than I can chew with this. Are they trying to trick me or confuse me? I'm not sure how to reply to the "information" that they want.

Any help will be appreciated. God bless you! X