Unenforceability & Template Letters III

thechippy

carol01 wrote: »

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

You might as well - nothing to lose.
That's a standard threatogram from moroncroft anyway - they are usually easy to chase off..:rotfl:

St0lli

Hi Niddy... What do you advise please?

Clarity are being a pain in the proverbial! They are acting on behalf of Citi card who haven't been able to provide my CCA. Clarity then contacted me so I sent them off the letter saying 'this can't be passed on as in dispute' letter. Clarity then replied on 25th Feb with 'given the information contained in your letter, I have returned this account to our client'. 10th March Clarity then send me letter saying 'to stop further action now blah blah blah'. I ignored this letter as thought the two departments at Clarity may not have caught up with each other if you get my drift.

Anyway tonight I arrive home to two letters. One from Citi Cards and one from Clarity and both dated 22nd March!
Letter from Citi says' I am writing in relation to your complaint about providing a copy of your executed credit agreeemnt under section 78 of the Consumer Credit Act 1974. As soon as your documents are ready we will forward them to you. I apolgise for this delay. If we are not able to produce your documents within 8 weeks of receiving your complaint we will write to you stating the reasons why'. Fair enough - not ideal but I can live with that
Letter from Clarity however says' Regrettably we have been unable to agree with you a mutually acceptable payment plan. The next course of action available to our client is the issue of legal proceedings to recover outstanding monies' :mad:

Do you have a suitable letter for DCA's who keep on demanding payment although they agree they have returned it to the original creditor?:cool:
Or would this call for one of your "specials" lol:D

thanks in advance NID!

never-in-doubt

scarednshakin wrote: »

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

They do not have agreements, means they cannot legally pursue the debt but the debt does still exist - I wouldn't worry, after 6 years the default drops off and becomes statute barred anyway...

Just ignore them - they know, and accept that it is unenforceable. :T

never-in-doubt

maz1964 wrote: »

hiya niddy and the gang

Hi :wave::wave:

maz1964 wrote: »

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

Blame LibbyJade - i'm in Leeds - UK

maz1964 wrote: »

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 "

Copyright theft alert :rotfl: :rotfl:

1. Why are wasting a tenner sending a SAR?
2. What are they asking for?
3. Have they been communicating with your hubby in the past at this address?

maz1964 wrote: »

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"

Yea - heard that one before :think: Send the letter below...

maz1964 wrote: »

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.

You mean they have said they'll do what is legally required - no? Surely they won't (sarcasm flowing Niddy!)....

maz1964 wrote: »

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

DO NOT sign anything - me suspects they want a siggy for strange reason :think:

Letter to send is here (from post 1047)

Dear Sirs,

Account No: XXXXXXXX

I write with respect to previous correspondence and in particular your most recent letter received XX / XX / 2010.

I am beginning to get slightly annoyed with your lacklustre attitude and clear lack of respect towards legislation designed to protect both the lender, and the consumer from the exact thing you're trying to do.

Let me tell you one final time, I do not have to and will not send my signature to you - the reason I wish to avoid doing so is because I believe you will fabricate an agreement and add my signature to it. Therefore, in line with current legislation comprising Consumer Credit Act (1974) and Data Protection Act (1998) I decline your request and hereby formally announce that the alleged account referred to is now unenforceable in its entirety until such time you comply with my request.

I shall also be reporting you to the ICO for your clear breach of DPA knowledge, in trying to scare me to provide something we both know is not required. I have stated previously, and do so again, that if you require my signature for Data Protection purposes then i can supply you with documentation to substantiate my identity to you. However, I note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address and so I have to ask, if you are so concerned that you are corresponding with the correct person why has it taken you so long to raise this?

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of Data Protection, listed in schedule 1 of the Data protection Act 1998:

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

Similarly, as previously stated, the CCA1974 (in particular s.78) does not allow provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity. As such, this account is unenforceable and in dispute and will remain so until such time you respect the law and my lawful request and provide me the documentation I have requested. Lets make no mistake here, if you send any DCA's or Bailiffs to me then you've clearly shown that you believe me to be the person you seek and therefore your lack of compliance with my s.78 request will add to the catalogue of mistakes you've already stacked up - all of which helps in my overall defence.

I look forward to receiving the documentation requested, within the next 14 days.

Yours faithfully




Sign digitally

never-in-doubt

maz1964 wrote: »

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

It was post #1047 - yea good idea to use it, I actually may add that to the letter templates as an additional type of strongly worded response when they do not listen to your original refusal to sign... hmmmm

never-in-doubt

carol01 wrote: »

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

Hmmm, they cannot just go and add a default without telling you! There are procedures and processes!

1. Did they have your proper address?
2. Have you moved recently?
3. Do you have an agreement or anything in writing agreeing to repay in instalments?
4. How much is the debt?
5. When was the account opened?
6. Is it an Argos store or credit card?

thechippy wrote: »

You might as well - nothing to lose.
That's a standard threatogram from moroncroft anyway - they are usually easy to chase off..:rotfl:

Not so fast young man

At the moment we need to establish what they are playing at then and only then can we really look into unenforceability..... i'd be more prone to demand default removal, which means they cannot ever add another (one debt = one default remember) - then refuse to pay knowing there is little they can do (joke!)....

But you see what I mean - more options are available - lets see what replies we get back first eh?

never-in-doubt

St0lli wrote: »

Anyway tonight I arrive home to two letters. One from Citi Cards and one from Clarity and both dated 22nd March!
Letter from Citi says' I am writing in relation to your complaint about providing a copy of your executed credit agreeemnt under section 78 of the Consumer Credit Act 1974. As soon as your documents are ready we will forward them to you. I apolgise for this delay. If we are not able to produce your documents within 8 weeks of receiving your complaint we will write to you stating the reasons why'. Fair enough - not ideal but I can live with that
Letter from Clarity however says' Regrettably we have been unable to agree with you a mutually acceptable payment plan. The next course of action available to our client is the issue of legal proceedings to recover outstanding monies' :mad:

Do you have a suitable letter for DCA's who keep on demanding payment although they agree they have returned it to the original creditor?:cool:
Or would this call for one of your "specials" lol:D

thanks in advance NID!

Calm down dear! Stop worrying, Citi are the legal debt owners and they supercede anything Clarity may think or do. Let them issue court papers, muppets - they will soon regret doing so!....

You ignore clarity and wait for the documents from Citi...

That's it - calm down. They cannot take any action - I say BRING IT ON! They won't though, cos they legally can't!

never-in-doubt

discojam wrote: »

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?

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!

Hiya

Ok that all makes sense (eventually) but what you have to remember is that they cannot just issue a ccj - they must inform you and at that point i'd have then suggested claiming s.78 to buy YOU time and find fault with process/agreement.

By you actually bringing to their attention, the fact you exist and here's my address as well - you've given them no option but to persue you. Basically you can forget statute barred - you've killed that.

Unenforceability - well, they can still get a ccj now before they even deal with the claim for s.78.

I am really at a loss and my advice is to sit tight and see what happens, in future ask a question and wait at least a few hours, for a reply!

I cannot give any accurate advice as I do not know what you're done or what the DCA will do - this is a first for me (someone owning up to a debt a month before the default is due to drop off).....

Oh, they cannot just issue a ccj - if they do we'll get it removed easily enough but you have to listen to our advice otherwise go it alone & good luck.

So no more phone calls, no more letters, no more panicking - you post any replies you get up here and we'll sort this for you. Deviate and go it alone mate.

We know the system better than they know the system......remember that

Wicca303

Hi NID,

Little update.

Had this from Cabot re. HFC:

We have made several urgent requests to the original lender to forward any documentation relating to your account to us. Unfortunately, Cabot has not received this information due to a delay in retrieving this from their archives. We will continue to request this information and upon receipt will forward the documentation to you immediately.
In the meantime, Cabot has suspended all collection activity until such time that the relevant information is supplied to you.
Cabot wishes to apologise for any delay in supplying this information to you.

Do I still need to send the CCA dispute letter after 30 days? Or do I just leave it at that for now?

Also, I've had a response from CapQuest re. Abbey. They've sent me what looks like a valid agreement but I was hoping you'd cast an eye over it. I don't have a scanner but have taken photos, however, I can't figure out how to blur my info so would it be possible to email them to you, rather than having to post a link online?

Thanks.

carol01

never-in-doubt wrote: »

Hmmm, they cannot just go and add a default without telling you! There are procedures and processes!

1. Did they have your proper address?
2. Have you moved recently?
3. Do you have an agreement or anything in writing agreeing to repay in instalments?
4. How much is the debt?
5. When was the account opened?
6. Is it an Argos store or credit card?



Not so fast young man


At the moment we need to establish what they are playing at then and only then can we really look into unenforceability..... i'd be more prone to demand default removal, which means they cannot ever add another (one debt = one default remember) - then refuse to pay knowing there is little they can do (joke!)....

But you see what I mean - more options are available - lets see what replies we get back first eh?

yes they have my address i have lived here for over 10 years
i have a letter from moorcroft stating what we have agreed
the debt is 1987.00
the account was opened in 2002
and it was a store card the agreement was done in store
the default is showing as argos it has a scale from 1-8 the last few enteries were 1 0 1 0 0 1 1 8 default they were late payments but were paid dont know why its at moorcroft anyway