CAA request updates / results part 2

never-in-doubt

cocker100 wrote: »

Hiya N-I-D,

Thanks for your reply. So if the NoA allows them all rights of the OC, does this also transfer all liabilities of the debt onto the DCA?

I'm talking PPI reclaim here!:D:D:D:D

Many people suggest reclaiming PPI should be through the OC.

What do you if both parties refer you back to the other?


Cocker:)

Ahh if you're reclaiming PPi then you go to the OC - not the DCA. You do know this will just reduce the balance, i.e. they will refund it to the account? If the debt is claimed as being unenforceable by you then why do you care if you reclaim PPi or not - it doesn't change the fact you are not repaying the debt?

If both parties refer each other then you simply go to the OC or whoever owns the account, find this by looking at your credit file and see who has placed the default - it is them! If they then fob you off just stop paying (lol) and report them as appropriate.

cocker100

never-in-doubt wrote: »

Ahh if you're reclaiming PPi then you go to the OC - not the DCA. You do know this will just reduce the balance, i.e. they will refund it to the account? If the debt is claimed as being unenforceable by you then why do you care if you reclaim PPi or not - it doesn't change the fact you are not repaying the debt?

If both parties refer each other then you simply go to the OC or whoever owns the account, find this by looking at your credit file and see who has placed the default - it is them! If they then fob you off just stop paying (lol) and report them as appropriate.

Hiya again!

This is my point. Default placed by 1st Credit and is now owned by them. However OC, Goldfish (Now Barclaycard) are fobbing me off and claiming it is no longer anything to do with them as the debt has been sold.

Claiming ppi becuase full refund including compound interest may well be higher than the alleged debt!:D:D:D This also should see the default removed!

Cocker:)

never-in-doubt

cocker100 wrote: »

Hiya again!

This is my point. Default placed by 1st Credit and is now owned by them. However OC, Goldfish (Now Barclaycard) are fobbing me off and claiming it is no longer anything to do with them as the debt has been sold.

Claiming ppi becuase full refund including compound interest may well be higher than the alleged debt!:D:D:D This also should see the default removed!

Cocker:)

Ok, you ought to go back to OC (i.e. Barclaycard) and tell them you've reported this to the FOS (do so) and tell them again that they are the account owner and the onus is on them to pass it on, if they deem it necessary.

martinjohn

Has anyone actually won any of these unenforceablity cases (apart from the one publicised case)? is it *really* worth doing?

If youve got a card from 2005 paid the entire debt off but then continued to use the card and amounted debt again on it after 2007 can it still be unenforcable?

I ask because when i signed the agreement i was not told what the interest rate would be, minimum payments, etc. and i did not understand the agreement, i believe the agreement was unfair. I am certain their were no "prescribed terms" on the agreement. In fact the only thing that was signed was a application form. Terms may of come in a little standard booklet but their were no "presribed terms" with acutal limit, interest rates etc. on it

never-in-doubt

martinjohn wrote: »

Has anyone actually won any of these unenforceablity cases (apart from the one publicised case)? is it *really* worth doing?

If youve got a card from 2005 paid the entire debt off but then continued to use the card and amounted debt again on it after 2007 can it still be unenforcable?

I ask because when i signed the agreement i was not told what the interest rate would be, minimum payments, etc. and i did not understand the agreement, i believe the agreement was unfair. I am certain their were no "prescribed terms" on the agreement. In fact the only thing that was signed was a application form. Terms may of come in a little standard booklet but their were no "presribed terms" with acutal limit, interest rates etc. on it

Yes it works! See here for one of my many examples (there are thousands more I am sure!): #1169

Read this thread - it has more help on it! Unenforceability & Template Letters II

If what you say means that you took a card out in say 2000, paid it off in 2006 then spent again (example dates), could it be made unenforceable? YES! Because the original agreement was from 2000 - not the date you paid it off and spent again.

Only exception would be if they closed the account while you paid a debt off, then reopened it after you paid it all off in which case you may have new terms and a new agreement in its entirety.

martinjohn

thanks for the reply, still unsure if the success rate of this is all that high, anyway i am going to look for any agreements i may of kept to see what they said, to see what was sent back to me after applying for credit, not that that really matters i guess?

pebbles88

Hi Guys, long time no see, had another setback following my op, but slowly getting better!!

just still catching up with whats happening but NID, i do have a question for you technically non cca related!

it regarding a personal loan with Tesco, been paying token payments all fine and dandy for last 12 month. they then contacted me wanting new payment proposals, so i upped it from £1 to £5 a month as we could just afford it.

all i had back was a letter demanding the arrears paid by 06/1/10, i wrote back if im only paying token how the hell did they expect £2000+ by then!!

then received a letter saying ok we cant accept your payment offer in this dept as its now being moved over to credit management services.....

today a letter dated the 15/1/10 has popped through the door demanding the full balance of the loan with interest by this saturday! :eek:

they do want us to ring them with payment proposals, which i wont do, only in writing.

i can only afford to pay a small amount each month, they have already marked me down as 8's with the CRA's.

i am drafting a letter to send back today to offer small payments again as they are threatening to commence legal action/ send a dca/ or start to set off or lien on any security that they hold (they dont have any, its unsecured)

im still not up to fighting form yet, and i would very very much appreciate your help with some tips on what to include with the letter to help me get through to them.

never-in-doubt

pebbles88 wrote: »

Hi Guys, long time no see, had another setback following my op, but slowly getting better!!

just still catching up with whats happening but NID, i do have a question for you technically non cca related!

it regarding a personal loan with Tesco, been paying token payments all fine and dandy for last 12 month. they then contacted me wanting new payment proposals, so i upped it from £1 to £5 a month as we could just afford it.

all i had back was a letter demanding the arrears paid by 06/1/10, i wrote back if im only paying token how the hell did they expect £2000+ by then!!

then received a letter saying ok we cant accept your payment offer in this dept as its now being moved over to credit management services.....

today a letter dated the 15/1/10 has popped through the door demanding the full balance of the loan with interest by this saturday! :eek:

they do want us to ring them with payment proposals, which i wont do, only in writing.

i can only afford to pay a small amount each month, they have already marked me down as 8's with the CRA's.

i am drafting a letter to send back today to offer small payments again as they are threatening to commence legal action/ send a dca/ or start to set off or lien on any security that they hold (they dont have any, its unsecured)

im still not up to fighting form yet, and i would very very much appreciate your help with some tips on what to include with the letter to help me get through to them.

Hiya

Good for you - keep on fighting. :T

Ok, i'd send the following off to them and see what they say to that! Don't worry too much about the little inconsistencies, it doesn't matter too much at this stage.

Dear Sirs,

Account No: XXXXXXXX

I write with reference to recent communication reagrding the above numbered account.

I have been in a payment plan, as you know, for the last year or so and recently received a letter requesting I renogotiate the payments. I responded by agreeing to increase the payment amount from £1 to £5 per month. Imagine my shock to then get another letter from you demanding full repayment of arrears by 06 January 2010.

I wrote back to you confirming that I could not pay this being I was paying a nominal fee for the last 12 months, I am not very well right now and cannot work. I do feel a little leeway here would not go amiss, certainly as your letters are now bordering harassment. I then received a letter from you saying we cant accept your payment offer in this dept as it was being moved over to credit management services. So today I get another letter (dated 15 January 2010) demanding the full balance of the loan with interest is repaid by this weekend which is bonkers, to say the least!

Take note; this is also my formal demand that you cease sending me threatening letters, which I feel contravenes the Protection from Harassment Act 1997. I do feel that my increased offer of £5 per month is suffice bearing in mind the cirscumstances and my inability to repay much. Continual harassment will result in cessation of payments forthwith.

I expect a reply within the next 14 days outlining your agreement to my increased proposal.

Yours faithfully

Sign digitally

pebbles88

never-in-doubt wrote: »

Hiya

Good for you - keep on fighting. :T

Ok, i'd send the following off to them and see what they say to that! Don't worry too much about the little inconsistencies, it doesn't matter too much at this stage.

thank you, my god your good!!

never-in-doubt

pebbles88 wrote: »

thank you, my god your good!!

Hope it does the trick for you - let me know what they come back with and then we'll sort your next move although I do expect them to comply, its still a huge increase (i.e. 400%)...

Best of luck :T