CAA request updates / results part 2

never-in-doubt

captainhaggis wrote: »

Who here has actually had debts declared unenforceable by the creditor? That is, after writing to them to say you deem the debt to be UE, how often do the creditors come back and say "yeah, OK"?

There are loads mate - just look through the last 10 pages of the old unenforceability thread and you'll see at least 5 in there! The whole thread contains over 100 - but lots of pages to read through! Its easy to get them to agree, once you start threatening them with disclosure and court etc....

Obviously this depends on the value - most common is catalogues followed by store cards then credit cards. Not many loans fail cos the lenders will not back down and admit it (as per Fermi's post)..... so they just deny it in the hope your court threat was just that, a threat!

Issue the papers and they soon back out and confirm unenforceability

never-in-doubt

captainhaggis wrote: »

If the debt is UE, can they legally sell it on ?

Well they can do what they want with it yes, but they cannot pursue you for it. It is still an asset (if you like) that belongs to them so they can sell it but they cannot pursue you for it (the new company I mean).....

Well, not unless they locate the original agreement. :j

MS_Dolphin

never-in-doubt wrote: »

There are loads mate - just look through the last 10 pages of the old unenforceability thread and you'll see at least 5 in there! The whole thread contains over 100 - but lots of pages to read through! Its easy to get them to agree, once you start threatening them with disclosure and court etc....

Obviously this depends on the value - most common is catalogues followed by store cards then credit cards. Not many loans fail cos the lenders will not back down and admit it (as per Fermi's post)..... so they just deny it in the hope your court threat was just that, a threat!

Issue the papers and they soon back out and confirm unenforceability

Do many people go this route? Actually issuing the court papers? What do you mean by 'they soon back out'?

I'm still trying to work out how the process ever ends. I've now got 2 defaults despite lack of 'correct' credit agreements. Its one thing not to be paying and to have a good case, but I'm still getting the fallout from the situation.

never-in-doubt

MS_Dolphin wrote: »

Do many people go this route? Actually issuing the court papers? What do you mean by 'they soon back out'?

I'm still trying to work out how the process ever ends. I've now got 2 defaults despite lack of 'correct' credit agreements. Its one thing not to be paying and to have a good case, but I'm still getting the fallout from the situation.

The legislation is very contentious (a very dark grey area) in that the lender sees it as because the agreement did exist (for you to have an account in the first place) then they will leave the default standing. However, we can still argue that lack of agreement suggests lack of signature to share data thus remove the default. They just ignore you cos they know not many will take them to court and fight it....

I would, however, but i've also got a back door way in - if the lender confirms the debt is unenforceable or they ignore your repeated requests for proof of default (CCA agreement) then try sending the letter below to the CRA's who have a duty to remove the default whilst they investigate. You can, after all, do them for libel unless they do remove it.

Have a mooch here for all the guidance: Unenforceability & Template Letters II

Send this letter to the CRA's: Default Removal Letter to CRA's

People do take the lenders to court but the lender will usually back out (i.e. agree to removal the day before court) unless they have a fully executed agreement and proof of the default. You'll know if they have it when you SAR them and/or you start disclosure (CPR31.16) action....

rog2

MS_Dolphin wrote: »

Do many people go this route? Actually issuing the court papers?

Only rarely does it get as far as issuing Court Papers, MSD. Some creditors will, however, take it all the way, although experience shows that many who actually issue the Court Claims do so as a 'final frightener' and will often use this to try and come to some 'F&F' agreement with the 'debtor' or even withdraw their claim at the last minute.

badgerbread

wonder if anyone out there can give me advice recieved a letter this morning from barclaycard after requesting a cca. my card was originally with morgan stanley until barclays took it over I have a copy of an agreement but this does not contain any signatures at all just lots of information. I realise this is not a correct cca but the letter confuses me a bit so I have scanned it below can anyone tell me what my next response should be thanks
http://i448.photobucket.com/albums/qq207/roger57/2007michael004.jpg

http://i448.photobucket.com/albums/qq207/roger57/2007michael005.jpg

never-in-doubt

badgerbread wrote: »

wonder if anyone out there can give me advice recieved a letter this morning from barclaycard after requesting a cca. my card was originally with morgan stanley until barclays took it over I have a copy of an agreement but this does not contain any signatures at all just lots of information. I realise this is not a correct cca but the letter confuses me a bit so I have scanned it below can anyone tell me what my next response should be thanks
http://i448.photobucket.com/albums/qq207/roger57/2007michael004.jpg

http://i448.photobucket.com/albums/qq207/roger57/2007michael005.jpg

It seems you sent a letter mentioning CPR (31.16?).... They are trying to point out what this is - nothing new there then! What is the status of your account? If it is up to date and no default then isn't it best to pay it cos a default will ruin your credit for 6yrs.....?

Regards to the info they say they have to supply to you, this is bollox. You requested a true copy of your agreement and until that arrives they are in breach. However, it seems they will send you one - wait and see what comes in separate cover? If they only send you the credit limit etc then they don't have a clue cos that does not satisfy s.78 of CCA(1974) which is what you requested under.

Good Luck - seems they will try/say anything lol

MS_Dolphin

Hi,

I've just spoken to Credit Solutions re' a Barclaycard account (I know, stick to written correspondence) and said, "the account is in dispute....."

Their response was that I should confirm in writing to them the dispute. Should I do this? CSL are now the FIFTH different company after Barclaycard that have contacted me about the account. Should I send a CCA request to each of them?

I'm also now confused as to the ownership of the account - they will typically refer to Barclaycard as 'our client', but IF which is not currently the plan, it ever gets to the stage of F&F I will need to know who exactly has the right to accept any payment and write off the remainder - any ideas appreciated?

badgerbread

never-in-doubt wrote: »

It seems you sent a letter mentioning CPR (31.16?).... They are trying to point out what this is - nothing new there then! What is the status of your account? If it is up to date and no default then isn't it best to pay it cos a default will ruin your credit for 6yrs.....?

Regards to the info they say they have to supply to you, this is bollox. You requested a true copy of your agreement and until that arrives they are in breach. However, it seems they will send you one - wait and see what comes in separate cover? If they only send you the credit limit etc then they don't have a clue cos that does not satisfy s.78 of CCA(1974) which is what you requested under.

Good Luck - seems they will try/say anything lol

the account is in arrears as I have had a lot of money problems (but I am trying to sort these out) the thing is I don't actually mind paying them but they keep putting all these charges on and this is not helpful I have tried negotiating with them about this but they don't want to know. I have only sent them the one letter requesting the cca I used a template that I found on this site. should I put the account into dispute?

badgerbread

I have also noticed they say they are going to send me my current barclaycard agreement under seperate cover but I took this out with Morgan stanley years ago so is it valid if they send a current one because I know I have not signed anything since it has been under barclaycard