Unenforceability & Template Letters III

never-in-doubt

Wicca303 wrote: »

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?

Did you see this bit: "Cabot has suspended all collection activity until such time that the relevant information is supplied to you."

That to me suggests you sit and wait, course you do not send anything - they've told you they are not collecting - its unenforceable - leave it and move on.......

Wicca303 wrote: »

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?

Hiya yes email me them as I don't care about personal info - lol, sorry you know what I mean - I see hundreds of agreements and personal data - I struggle to remember one person from the other on here let alone their real names! haha

But seriously, i've PM'd you my email address and in there attach images whatever and put your username here, in subject line cos I do get a lot of emails sadly enough!

Cheers

never-in-doubt

carol01 wrote: »

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

Thanks - but i'm now confused as hell.... you say moorcroft wrote and confirmed the payment schedule, then in the last line you say "dont know why its at moorcroft anyway " - well why have you been paying them?

I'm confused - sorry you need to spend some time here and actually spell out to me (bear in mind I know nothing any of this) what has happened so I can compose a response to get the default removed. I cannot work on what you've given so far or my response would go along the lines of:

I have a default, why when we had a payment agreement set-up?

lol

scarednshakin

never-in-doubt wrote: »

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

Cheers for that Niddy :beer: will keep filing the bits of paper and wait for default to go

carol01

never-in-doubt wrote: »

Thanks - but i'm now confused as hell.... you say moorcroft wrote and confirmed the payment schedule, then in the last line you say "dont know why its at moorcroft anyway " - well why have you been paying them?

I'm confused - sorry you need to spend some time here and actually spell out to me (bear in mind I know nothing any of this) what has happened so I can compose a response to get the default removed. I cannot work on what you've given so far or my response would go along the lines of:

I have a default, why when we had a payment agreement set-up?

lol

haha i do talk in broken biscuits lol
it was a store card with argos was late with 2 payments and they sent me a statement at the same time i recieved a letter from moorcroft stating they were now in control of the payment and if i didnt get intouch they would go back to argos for them to persue court action i paid my argos statement and i was told that argos basically did not want to deal with me
so i phoned them we set up an agreement at 90.00 a month till dec 2011 i looked today on my credit file and there is a default from argos even though i have not had any letters stating this my questioni suppose should be, can they put a default on my credit rating because of a couple of late payments and not inform me of it i hope this make a bit more sense sorry ta! anyways

cardcutter

Hi NID, Once again thanks for the invaluable advice on post #1053 :beer:
Before I continue, a word of warning to all re recorded delivery post. Keep an eye on the trace and track online. I foolishly trusted this post office service to deliver a cheque to my car insurance. They did not deliver , the consequence being I was riding around for six days blissfully unaware they had cancelled my insurance for non payment. I know it doesn't guarantee instant delivery but I do expect it to be delivered in a couple of days or so being the simple trusting soul that I am. The letter as far as I know is still in a post office black hole.:mad:
Anyway I have fired off the CCA query to CAP 1. What degree of success does this request especially with regard to the last couple of sentences?
If I may prevail on your good nature just once more, could you cast your eyes over this from Black Horse. Trying to get this out of them took weeks. I have a feeling though it may be legit.
http: // i765.photobucket.com/albums/xx292/digby99/blackhorse.jpg
http: // i765.photobucket.com/albums/xx292/digby99/blackhorsetc.jpg
Highest regards

discojam

never-in-doubt wrote: »

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

Thank you for your reply never-in-doubt, really wish I hadn't sent that letter now but you're right I'll just have to sit tight.
I will listen to the advice I'm given and will be more patient in future!

Thanks again:)

never-in-doubt

discojam wrote: »

Thank you for your reply never-in-doubt, really wish I hadn't sent that letter now but you're right I'll just have to sit tight.
I will listen to the advice I'm given and will be more patient in future!

Thanks again:)

Don't worry mate - they always make errors and all I want is to see what they respond with then i'll be in a better position to advise the next steps - pointless worrying cos they won't be able to do too much, that is a certainty.

Catch up with you soon yea - just let me know when/if they reply.....

never-in-doubt

carol01 wrote: »

haha i do talk in broken biscuits lol
it was a store card with argos was late with 2 payments and they sent me a statement at the same time i recieved a letter from moorcroft stating they were now in control of the payment and if i didnt get intouch they would go back to argos for them to persue court action i paid my argos statement and i was told that argos basically did not want to deal with me
so i phoned them we set up an agreement at 90.00 a month till dec 2011 i looked today on my credit file and there is a default from argos even though i have not had any letters stating this my questioni suppose should be, can they put a default on my credit rating because of a couple of late payments and not inform me of it i hope this make a bit more sense sorry ta! anyways

I'll sort this for you - letter will be here later tonight, to send back to both.....

One final point, are you currently in arrears or up to date - i.e. what is the actual status of account?

And by the way, when you say you paid your argos statement, do you mean the £90 agreed amount or the whole balance and they rejected it? Please be specific as I need to write to them and pretend to be you, so I need the specifics.....

Cheers

carol01

never-in-doubt wrote: »

I'll sort this for you - letter will be here later tonight, to send back to both.....

One final point, are you currently in arrears or up to date - i.e. what is the actual status of account?

And by the way, when you say you paid your argos statement, do you mean the £90 agreed amount or the whole balance and they rejected it? Please be specific as I need to write to them and pretend to be you, so I need the specifics.....

Cheers

the last statement i had from argos was to pay 59.00 but the statement also had a 12.00 late fee on so i paid 80.00 to argos on 23/2/10 to clear the charge aswell then i got a letter from moorcroft telling me to deal with them from now on they asked me to pay them via direct debit 90.00 a month to clear the outstanding 1980.00 till dec 2011 then it will be clear
no am not in arrears with moorcroft they are paid up tp date
thanks n.i.d

never-in-doubt

midastouched wrote: »

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

Hiya matey - ok, on page 1 of the links (the application and agreement) at the very top just above the highlighted bit that states "Your Choice of Card" - Have you read it?

This is what makes it "enforceable" - you'd think, right?

It says:

"If your application is accepted by our signature above and we send you a card then this will form the agreement made between you and us, Lloyds TSB; on the Terms overleaf and the full conditions set out in the brochure" etc etc....

However, silly silly bank forgot to sign meaning that there is no agreement meaning this is unenforceable - :T :T

The fact you sent the CCA Query letter is fine, leave things as they are and see what they come back with.....

Obviously we're clutching at straws, but hey - worth a gamble right?