Unenforceability & Template Letters III

whisp

never-in-doubt wrote: »

Exactly - send a Postal Order yea? I know it seems a pain starting at scratch but trust me, will make life easier for me and we can then base things in a format instead of just jumpin in at the deep end....

Hope it's all clear, basically just do as I ask then post back when you hear anything and we'll sort this. If they ring you then fail security deliberately (so they cannot discuss anything over the phone!)....

Yes that's what I thought, will try to get to post office after school run tomorrow to pick up a postal order and get this off to them ASAP. You're the expert so I will happily do as I'm told

I'm a bit worried about what they'll do after all this time, but they can't do anything to me that's worse than I've faced in the past (CCJ etc) so at the same time I'm feeling oddly relieved about finally doing something about it!

As for failing security if they call, I'm an expert at that after all this time; if they can't pronounce my surname properly I usually refuse to play ball, say there's no-one here by that name, and hang up :rotfl:

I'll do my best to get the letter off tomorrow and will let you know what I get back from them...

scarednshakin

Good morning Niddy, hope you are well

Just a quick question. I sent CCA for my Choice catalogue and after following advice on here got a letter from Shop Direct stating that they could not find the agreement and would not be pursuing me for the debt.

Every month since I have had a statement from NDR sent out with a £12 default charge added. Do I need to do anything with this or just leave it?

Thanks as always

Locke

Locke wrote: »

I had a reply from Barclaycard yesterday with the standard letter saying that my CCA would be sent separately, so fingers crossed on that one.

The postman has been.:D

They didn't send my CCA, just a copy of my terms and conditions so I'll be sending the terms and conditions follow up letter tomorrow.

Just to note what the letter said.

Thank you for contacting us. Enclosed with this letter is a copy of your Barclaycard Terms and Conditions. If you need any extra information or or if you've any questions then visit our website or give us a call.

I've got a payment due next week but I won't be paying that now.

discojam

never-in-doubt wrote: »

Right, you should not contact anyone about this - let the default drop off in April..... The more you hassle them the higher the chance they will try and CCJ you like a week before the default drop off/statute date.

Out of interest, when did you last actually pay anything into this account?



Lowells own the debt, HBOS are out of the equasion now - so you owe Lowells and they have asked CRS to chase you for funds.....

DO NOT CONTACT ANYONE AT THIS STAGE - SIT AND WAIT UNTIL 1st MAY 2010!

Hi never-in-doubt thanks for your reply, I had thought that they could still apply for a CCJ even after the default drops off end of April? I last paid something in over a year and a half ago when I was still on payplan , possibly more, although on the Sainsburys statement I got in April it said that debits of £26 odd and credits of £26 odd (the exact same amounts) had come out and gone in although I'm sure these arent payments I made, so not sure what they were about.
I had thought statute barred was if you hadnt contacted them and vice versa in over 6 years?

never-in-doubt wrote: »

Well whatever you do - do not contact them! We need to be looking at statute barred.......



You've done what? Ok, sorry for the rant here but why would you come onto a forum and then post a question then go ahead and do something without waiting for a reply? You've probably just went and caused yourself a whole heap of !!!!!! - so now we sit and wait.

Only advice I can give you is to be calm and collected. You have to wait and get advice - if not, best of luck. If they CCJ you now then you know who to blame. Luckily for you we can still get it wiped but in future be patient :mad:

Thats alright everyones entitled to a rant now and then! Can understand your frustration that I hadn't waited so I'll explain why..I hadnt thought I could go down the statute barred route as its been a lot less than 6 years since I made a payment - I had thought if I could get the unenforceability letter ball rolling before the end of April then that could prove they cant come after me for the debt even after the 1st May 2010, I was worried and scared about them putting a CCJ on and because I had read that they can still apply for a CCJ after the default has dropped off and as the CCJ will last from 6 years from the date they file it I was panicking that it would mess my credit report up for another 6 years and I thought that by going down the unenforceability route I was doing the best thing..If it wasn't the best thing I will have to cross that bridge when it comes! Not sure whether I'll be calm and collected though :eek:

Thanks again for the advice, I appreciate it - even though I hadn't followed it!

maz1964

hiya niddy and the gang

hope today is sunny like it is in the middle of the uk

anyway wanted to ask, ive seen your reply on post no 1046 and wondered if i could use it for a responce from rbs who have returned my hubbys postal order of 10.00 for his sars request and they state that "

to ensure they are releasing acc info to the correct party we need to verify their identity, in order that we can proceed with your request pls return a copy of this letter containing your original signature"

also they state - when we have received your instructions and payment and we will verify your signature we will be happy to proceed with your request and any info reqd to be provided under section 7 of the DPA will be forwarded to you at your address.

Now, im hesitant as it was digitally signed on our letter we sent. I also made a point in our letter stating that he would be happy to collect from a branch near us and to show them id but for them not to retain it,,,

so am i right in thinking this is stalling tactic by them and also could i not say send a copy of our water, rates bill that we have recently received as evidence rather then the signature and point out the bit in our letter ref branch visit with our signature id,,,

hope the above makes sence they have made me really cross today:mad:

cheers i will patient for your reply no worries take care maz:)

midastouched_2

Hi Niddy.

LTSB reckon they've sent me a signed agreement for my CC which I'd like you to take a look at if you would be so kind.:beer:

I've sent you a PM with the links.

Thanks mate,

Midastouched

libbyjade

maz1964 wrote: »

hiya niddy and the gang

hope today is sunny like it is in the middle of the uk

Hi Maz,

I feel it maybe my doing that I have misled you into thinking Niddy works is sunny climes... I did see a couple of pics of the mysterious niddy and he always seemed to be pictured topping up his tan! :rotfl:
So I responded joking that he obviously replys from abroad, when infact he's no warmer than the rest of us stuck in the UK lol

maz1964 wrote: »

they state that "to ensure they are releasing acc info to the correct party we need to verify their identity, in order that we can proceed with your request pls return a copy of this letter containing your original signature"

also they state - when we have received your instructions and payment and we will verify your signature we will be happy to proceed with your request and any info reqd to be provided under section 7 of the DPA will be forwarded to you at your address.

It maybe your best bet to send them this letter first 10. Demand of your Signature - however I'd suggest waiting for Niddy's advice rather than take me at my word

Have a good day...

maz1964

libbyjade wrote: »

Hi Maz,

I feel it maybe my doing that I have misled you into thinking Niddy works is sunny climes... I did see a couple of pics of the mysterious niddy and he always seemed to be pictured topping up his tan! :rotfl:
So I responded joking that he obviously replys from abroad, when infact he's no warmer than the rest of us stuck in the UK lol



It maybe your best bet to send them this letter first 10. Demand of your Signature - however I'd suggest waiting for Niddy's advice rather than take me at my word

Have a good day...

hiya libbyjade

thats okay no worries, :cool:

having had a look at the link you gave its part of the other letter post number 1046 - id found which includes bits so thought it best to first check out but cheers all the same - im off to do some dreaded housework so will check in later again:T

you too have a fun day Maz

InDeepDebt

Locke wrote: »

The postman has been.:D

They didn't send my CCA, just a copy of my terms and conditions so I'll be sending the terms and conditions follow up letter tomorrow.

Just to note what the letter said.

Thank you for contacting us. Enclosed with this letter is a copy of your Barclaycard Terms and Conditions. If you need any extra information or or if you've any questions then visit our website or give us a call.

I've got a payment due next week but I won't be paying that now.

I seem to be about two weeks ahead of you. This is what I got back from letter template 3.2

http://forums.moneysavingexpert.com/showpost.html?p=31177837&postcount=1041

NID's done a nice letter for that too - a few posts down the page. Will be sending that tonight.

Jim

EDIT

Oh, just had Mercer's on the phone too - obviously wait for me to get the Barclaycard reply before starting up their calls again.

Not sure what they're after (:rotfl:) as they're going to ring back later - at work just now.

carol01

hi nid and everyone else
just a quick question if i had a letter from moorcroft debt recovery regards to an argos card in which i have only missed 1 payment and i have looked on my credit file and there is a default:eek: i haven't recieved any letter saying they have are going to put a default on as they agreeded 90.00 a month till dec 2011. the letter states we are responsible for your admininstation on your account therefore we ask you to contact us immediately with offer of payment (which i have ) faliure to respond to this request may leave us with no alternative but to recommend to our client that they instruct solicitors to comence legal procdings againt you with out further noticethis letter was dated 2/3/10 default on account was put on 24/2/10 do you think it might be worth sending a cca request to them seems like the default is already there and i have a very poor credit rating (well so experian say) thanks for your help inadvance