CAA request updates / results part 2

fermi

never-in-doubt wrote: »

Fermi - keep an eye on pt (site team)

Saw that, and noted.

evilcartman

never-in-doubt wrote: »

Ok, well i've tried. Bottom line here is that no matter who you speak to you'll get a default if you pursue unenforceability and anyone who tells you otherwise is a liar as the case law quoted above will discredit their claim

Look mate, there's no need to be so rude. I'm only trying to follow the advice you yourself dispensed in the Unenforceability & Template Letters II thread.

In the template letter you provided at http://forums.moneysavingexpert.com/showthread.html?p=26867819#post26867819 it states:

"You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account."

If you're saying that the recent case law changes everything, then fine. I haven't yet read every single page of every single thread on this issue.

I recall some forum members saying that the cases being touted as "test cases" were quite specific and didn't apply to many other cases. Maybe they're wrong, I obviously need to do a lot more research.

In fact it looks like I need specialist financial advice from someone legally qualified. Thanks for taking the time to reply anyway.

never-in-doubt

evilcartman wrote: »

Look mate, there's no need to be so rude. I'm only trying to follow the advice you yourself dispensed in the Unenforceability & Template Letters II thread.

In the template letter you provided at http://forums.moneysavingexpert.com/showthread.html?p=26867819#post26867819 it states:

"You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account."

If you're saying that the recent case law changes everything, then fine. I haven't yet read every single page of every single thread on this issue.

I recall some forum members saying that the cases being touted as "test cases" were quite specific and didn't apply to many other cases. Maybe they're wrong, I obviously need to do a lot more research.

In fact it looks like I need specialist financial advice from someone legally qualified. Thanks for taking the time to reply anyway.

Steady - i'm not being rude, but how many times can I say the same thing to you - I even gave you a direct link (as did Fermi) to the recent judgement which changes things slightly.

The rules are the same, they cannot add a default - but they do! See the difference? Can you afford to sue them to remove it? If so then pay the £8k cos its cheaper than suing a lender! That is my point - in plain English!

You're trying to do something that is impossible. Unenforceability is a last resort - that is what I keep stating to you, if you want to preserve your credit file then do not consider unenforceability - simples! Seeking any help will be no different to what we give you here, good luck.

evilcartman

never-in-doubt wrote: »

You're trying to do something that is impossible. Unenforceability is a last resort - that is what I keep stating to you, if you want to preserve your credit file then do not consider unenforceability - simples! Seeking any help will be no different to what we give you here, good luck.

Well, maybe the best first step is to contact the card company and see if they're willing to negotiate a "full and final settlement". I'm not in a position to maintain the minimum payment (which would mean the debt carrying on for about 99 years anyway) and since the account isn't actually enforceable, then surely that strengthens my bargaining position?

After all, if they're not willing to negotiate, they'll end up getting nothing.

never-in-doubt

Have a read of this as well; http://www.citizensadvice.org.uk/oft_draft_guidance_on_sections_77_78_and_79_of_the_consumer_credit_act_1974

Bear in mind this was before the McGuffick case though.

never-in-doubt

evilcartman wrote: »

Well, maybe the best first step is to contact the card company and see if they're willing to negotiate a "full and final settlement". I'm not in a position to maintain the minimum payment (which would mean the debt carrying on for about 99 years anyway) and since the account isn't actually enforceable, then surely that strengthens my bargaining position?

After all, if they're not willing to negotiate, they'll end up getting nothing.

Thats more like it, as I previously advised - its !!!!!! or bust for them, either they agree to lower repayments or they get zilch! Then at least you have tried, if they decline then proceed with unenforceability but bear in mind you will be defaulted.

A F&F will usually be refused as they want 100% - only once the debt has been sold to a DCA (usually for around 10% of its value) can you haggle removal as the DCA just want paying, they can also remove a default if you make the right offer.....

So say you owe £6k, the lender sells it to a DCA and the DCA paid £1500 for the debt, if you were to offer £3k and default removal it would be in their best insterests to accept this - whether they do or not is a different matter, but no harm asking.

Rich_F_2

never-in-doubt wrote: »

Hiya

No - you do nothing and await their response from Egg with a lawful CCA. If they provide one then you carry on paying, if they don't then you continue to cease repayments and they cannot enforce the debt!

Why do you want a settlement payment? If it is indeed unenforceable then you do not have to make any payment...

I'd like to have a decent redit rating again one day. As I understand from previous advice here that unenforceability does not mean that the debt is wiped, and the defults will remain there for as long as the debt stays unpaid.

Thanks again for your help nid :T

evilcartman

Well, here's a novel one.

I've just received a reply from Egg and they're claiming they didn't receive a £1 fee. A £1 postal order was in fact included with the S77/78 request!

Thieving gits.

I presume it's a stalling tactic. What should I do now? Send another postal order and say they are in default anyway now?

never-in-doubt

evilcartman wrote: »

Well, here's a novel one.

I've just received a reply from Egg and they're claiming they didn't receive a £1 fee. A £1 postal order was in fact included with the S77/78 request!

Thieving gits.

I presume it's a stalling tactic. What should I do now? Send another postal order and say they are in default anyway now?

Hiya

Have you kept the receipt from the PO? If so send a copy of that with the original request and a copy of their letter and remind them that the 12 (+2) days is continuing from the first letter and they will be in default unless they get a move on.

You should not send another PO - you have proof of the original one right?

never-in-doubt

Rich_F wrote: »

I'd like to have a decent redit rating again one day. As I understand from previous advice here that unenforceability does not mean that the debt is wiped, and the defults will remain there for as long as the debt stays unpaid.

Thanks again for your help nid :T

You've been incorrectly advised.

A default will remain for no longer than 6 years from date of 1st missed payment (Statute Barred) or date of default. So in laymans terms if you defaulted 1st January 2005 - by 2nd Jan 2011 the default and all entry of the default would be removed automatically from your credit file.

To explain Statute Barred - If you last paid though, on 1st June 2004 but then got defaulted on 1st January 2005, the default would drop off your credit file on 2nd July 2010 which is 6 years and 1 month from the date of your last actual payment to the account.

Make sense now? So in a nutshell, you'll be fine to get credit again after 6 years. Unenforceability is the same as any other default, it stays for 6 years - that's it.