Unenforceability & Template Letters III

whisp

Hi Niddy and all,

Niddy recommended I pop over here after I posted on the sub-prime card thread earlier and mentioned my 2 outstanding 'issues'... so here I am with one of them

(Sorry if some of this is paraphrasing the reply I made over there, and sorry for how long this will inevitably be!)

I have an unusual problem in that my credit record shows a default that is marked as 'Gone Away' by a DCA. I haven't.

But regardless, I was receiving letters from them* here, even replied to some (which has me slightly worried with regards to statute barred status in a couple of years, though they never actually acknowledged my letters at all, and they weren't sent recorded), so why I'm 'Gone Away' is beyond me.

The last payment was in 2006 as far as I know, I'm going to go through everything to find out, I still have my last few Kays statements at least...

The default was lodged 15/06/2007 according to the CRAs, for almost £2.5k by the time everyone had added their fees and charges and interest. I know I had a warning they were going to default me, but I don't recall ever seeing an actual default notice or termination notice.

I have letters from various DCAs and I'm not sure who actually owns it now - Equifax says it is Phoenix Recoveries, Experian says Credit Account Management; don't know who the latter are, I've never had a letter from them! I seem to recall reading they were Phoenix in disguise? Or was that someone else?

I know one of the first letters I got was from Kays/SDG saying my account had been passed on to/sold to a DCA called Red Castle . After that, it was like they were playing pass the parcel and whoever it landed on got to send a letter!

Haven't had any letters for at least a year, I think the last one was one of their fake court summons type ones designed to frighten more naive people than me.

As I also mentioned above, I never received any reply actually acknowledging anything I'd said in my letters or even that I'd sent letters at all. The last one I replied to was in 2008. They weren't send recorded delivery (I sent *everything* recorded these days).

I guess what I need to know after all that waffle is, what should I do about it? Do I just leave it as is and hope they've given up chasing me, and it will become statute barred after 6 years, which should be in about 3 1/2 years if they go from default date? Do I contact them saying, hey, I'm getting back on my feet now, how do I pay you? Do I go after them for unenforceability? What happens if it is enforceable? Sorry for all the questions!

If anyone's read this far and not fallen asleep, any advice would be very much appreciated! xx



*When I say 'them', I mean a host of DCAs - I have had quite a few chasing me for this over the years, though I seem to recall some had the same address. I will compile a proper list tomorrow just for fun if nothing else

never-in-doubt

whisp wrote: »

Hi Niddy and all,

Hi whisp - welcome to this side of the forum....

whisp wrote: »

Niddy recommended I pop over here after I posted on the sub-prime card thread earlier and mentioned my 2 outstanding 'issues'... so here I am with one of them

I'm assuming you sent a PM, regards to the second problem, to my matey 10past6 - if not, do that as he will be the best person to ask.

whisp wrote: »

I have an unusual problem in that my credit record shows a default that is marked as 'Gone Away' by a DCA.

This is not unusual at all - basically they cannot locate you so have issued a default without an accompanying address - straight away they've messed up and we'll come to this later (it gets better the more you read - trust me)

whisp wrote: »

I haven't, I've been at this address for over 11 years with the same phone number. I suspect this may partly be to do with a complaint I have open with Barclaycard - no other issues with BC, just the fact that they changed the address on my account without me requesting or authorising it and it took them over 2 years to change it back permanently and they still haven't explained how it happened or blinking apologised :mad:

Sorry, what does the Barclays account have to do with the Kays account? I'm slightly confused...? Unless you're saying that Barclays created a link that was not accurate? Regards to the Barclays carry on, try and get a final response from them - if they have done, what you say - and that's without me knowing the case details, you ought to be reporting them to the FOS/FSA......

whisp wrote: »

But regardless, I was receiving letters from them* here, even replied to some (which has me slightly worried with regards to statute barred status in a couple of years, though they never actually acknowledged my letters at all, and they weren't sent recorded), so why I'm 'Gone Away' is beyond me.

Don't worry, writing a letter will not affect statute barred and anyway, we'll aim to get this written off for you - more later

whisp wrote: »

The default was lodged 15/06/2007 according to the CRAs, for almost £2.5k by the time everyone had added their fees and charges and interest. I know I had a warning they were going to default me, but I don't recall ever seeing an actual default notice or termination notice.

Ok, so they actually sent you the Notice of Termination, i.e. the letter before they applied the default? Who sent the letter/added the default? What name is registered as the default issuer?

whisp wrote: »

I have letters from various DCAs and I'm not sure who actually owns it now - Equifax says it is Phoenix Recoveries, Experian says Credit Account Management; don't know who the latter are, I've never had a letter from them! I seem to recall reading they were Phoenix in disguise? Or was that someone else?

It used to be called Phoenix Recoveries and they are now called Credit Account Management (CAM) - its one and the same....

whisp wrote: »

I guess what I need to know after all that waffle is, what should I do about it? Do I just leave it as is and hope they've given up chasing me, and it will become statute barred after 6 years, which should be in about 3 1/2 years if they go from default date? Do I contact them saying, hey, I'm getting back on my feet now, how do I pay you? Do I go after them for unenforceability? What happens if it is enforceable? Sorry for all the questions!

I'll try and sort you a letter to send them later today/tonight - my brain is too fried right now to get into this - sorry

Don't worry, we'll go for an account write off and see what they say, if they don't play ball then we'll get them over procedural errors, again formally demanding write-off and as a final resort we'll play the unenforceabilit ycard - you will not have to pay this debt, that's pretty much guaranteed (at this stage) - so don't worry about that.

I'll be back later ok.....

Numpty_Monkey

never-in-doubt wrote: »

Ok mate - sorry about the loan.... the documents you PM'd is purely about the Credit Card right?
Yep thats right, i'll send loan one aswell

Ermmm, the card one is not - i'll do you a reply to send them shortly..... bear with me and check back here later.
okey dokey :beer:


Is this the date of birth "thing"? If so, was that the loan or credit card mate?

Cheers - i'll await your reply matey



Now Now - steady yourself sassanach! :rotfl:

The DOB thing, was when they called, it didn't match thier security questions, so I've no idea which one it was for:huh:
you weren't expecting them to break the DPA were you:think::whistle:

I've scanned eveytrhing in and sent you PM
Are the prescribed terms all meant to be on 1 page:o the card is on (if they've highlighted and noted it correctly):o, but who can tell;) is over 3 pages of unreadable nonsence


cheers haggis hugger:rotfl:

discojam

morning all!

Can I join in with you guys?

I took out a Sainsburys loan (HBOS) in 2003 this is what it looks like on my credit report:

Company name: LOWELL PORTFOLIO I LTD
Account type: Loan
Started: 29/01/2003
Default Balance: £10,377
Current Balance: £5,840
Defaulted On: 30/04/2004
File Updated for the Period to: 02/08/2009

I'm going to be sending off a letter to Lowell Financial asking for a copy of my CCA recorded delivery today.

This is whats happened so far

The debt was previously with Equidebt and I wrote to them last year requesting a copy of my CCA they replied saying:

We confirm receipt of your letter dated 17th February 2009 and the contents have been noted. We apologise for the delay in our response.

We can confirm that this account was closed and returned to our clients on 9th December 2008. Please forward any further correspondence to them at the following address.
We enclose a refund payment of £1.00 that relates to your Consumer Credit Act request.

On the 28th April I received a letter from Sainsburys Bank saying:

Your Annual Personal Loan Statement Agreement no. XXXXXXX

For the period 29/01/2009 to 27/04/2009

and lists debits of £29.68 and then credits of £29.68 for February and March.

Original amount of credit £9,463.20 Statement closing balance £5840.53


I now have a letter from Lowell Financial dated 9th September 2009 saying:

We now inform you that 7 days from the date of this letter we intend to instruct our legal department to review your account. this may involve applying for a CCJ to be registered against you by the courts and then lists what they will do if the CCJ is granted.

Then last week I had a letter from Credit Resource Solutions saying they were acting on behalf of Lowell and to call them about the debt.

Because on my credit report it is listed under Lowell does this mean they will have actually bought the debt from HBOS or they are acting on behalf of HBOS?

Thank you for any advice!

discojam

Sorry I guess it would help if I actually asked the question I meant to!

I've written out a letter to Lowell and was going to send it recorded delivery today is this the best start?

discojam

Oh and also to say I'm really scared that if they issue a CCJ now, it will stay on my credit file for 6 years from now and the default is due to drop off the end of next month so I just want to do everything possible to make sure they dont issue a CCJ as that would screw everything up

whisp

never-in-doubt wrote: »

Hi whisp - welcome to this side of the forum....

I'm assuming you sent a PM, regards to the second problem, to my matey 10past6 - if not, do that as he will be the best person to ask.

Thanks Niddy, tis still weird posting instead of just lurking! I haven't sent 10past6 a PM yet, will do once I get my head together enough to do a post about that one

never-in-doubt wrote: »

This is not unusual at all - basically they cannot locate you so have issued a default without an accompanying address - straight away they've messed up and we'll come to this later (it gets better the more you read - trust me)

I do!

never-in-doubt wrote: »

Sorry, what does the Barclays account have to do with the Kays account? I'm slightly confused...? Unless you're saying that Barclays created a link that was not accurate? Regards to the Barclays carry on, try and get a final response from them - if they have done, what you say - and that's without me knowing the case details, you ought to be reporting them to the FOS/FSA......

Sorry, should have made that more clear - yes it's an address link. Ex-hubby and I used to have a joint Barclays account, when he finally got round to signing the letter they wanted us to do to switch it over to a sole account for him (I've had my own account with them since I was a tiddler), for some very odd reason someone there passed the address change over to Barclaycard too, and Barclaycard actioned it. He's never been on my card account at all, not even as second cardholder. First I knew was when I stopped getting statements, and the saga began.

It's been more of an annoyance than anything but I've already told them I'm putting in an official complaint if they don't acknowledge fault and take the address off their records and my credit file by Easter, seems to have spurred them on a bit as I've had a letter from a team leader and a phone call reassuring me they're looking into it. Still not holding my breath for a satisfactory explanation though! Experian have put a note on my credit file saying I'm disputing it; it's not on Equifax.

As far as the issue at hand goes, I can only presume Phoenix/CMA got that address from my credit file (they are on as having searched it for debt collection) and it's something to do with the gone away status, I've got no proof/facts (ex-hubby stuck anything with my name on back in the post box unopened, and he moved again last year), just seems too much of a coincidence :mad:

Sorry, I've waffled again, I promise all my posts won't be this long!

never-in-doubt wrote: »

Ok, so they actually sent you the Notice of Termination, i.e. the letter before they applied the default? Who sent the letter/added the default? What name is registered as the default issuer?

Hrmm not sure about the letter, I'm going to take time out from work in a bit (self-employed) and go through the file. Bear with me on that! As far as the default goes, on Experian it's Credit Account Management, on Equifax it's Phoenix.

never-in-doubt wrote: »

Don't worry, we'll go for an account write off and see what they say, if they don't play ball then we'll get them over procedural errors, again formally demanding write-off and as a final resort we'll play the unenforceabilit ycard - you will not have to pay this debt, that's pretty much guaranteed (at this stage) - so don't worry about that.

I'll be back later ok.....

Thanks Niddy, really appreciate the help you've given me so far, made things a lot clearer than they have done for years on this one! :beer:

BeenieCat

I thought it was safe to send the CCA Request in the normal post being as at that point it's merely a request. Soo is it safe to assume most will just pretend it never got there? lol. Their time isn't up yet, i'm just being impatient

whisp

Regarding the address link with my ex's address thanks to a Barclaycard/Barclays Bank stuff up, I've just got an email from Experian...

"Further to our recent correspondence, I have been contacted by Barclays Bank PLC. They have requested that I delete the entry that you disputed (entry B2) from your credit report.

Along with this, the following Notice of Dispute relating to this entry will also be deleted"

Are Barclaycard about to finally admit they messed up, I wonder? :think:

Mateusrojo

Hi Nid,

Update:

Sent off the CCA – request letters to companies by registered post on 23 February.

• Barclaycard no 2 –

2 letters both same date – one gives statement of account and says agreement will be sent under separate cover – there is also reference to civil procedure rules?

Second letter is copy of terms and conditions.

My understanding of this: Send template 3.2

Letter sent 19/03/2010

Response received 24/03/2010

3 page letter (poss a standard letter?) states they have complied - sections to letter include:
Ref Section 78 of the CCA 1974
How does the act define an executed agreement
What do rules say about providing a copy
What happens if original agreement has been varied

Last paragraph basically says they believe that I owe the money and that they do not see account as in dispute and if necessary collection services.

Can I now send Final Response???

• Marks and Spencers

Letter requesting “your signature of authority”

My understanding of this: Send demand of signature letter.

Letter sent 15/03/2010

Letter received from them 24/03/201

Asking again for signature under Data Protection Act to verify my ID due to sending personal info - also states the 12 days wont begin until they receive signature - states they wish to check it against the signature they hold?

Question - do I get someone else to sign as you prev suggested or ???


No further response from anyone else.