Unenforceability & Template Letters III

burton_trade_kitchens

Hi NID,
Today I have recieved a default notice from Halifax. (which is fine and expected).
Just to jog your memory, they sent me a reconstituted agreement and are saying that they dissagree with my complaint and that they have fully fulfilled my section 78 request.
I have followed the process in full and last week sent them my final response letter.
I am 100% positive that there was never a credit agreement signed and returned to them for my cc which I recieved without asking for after taking out a loan with them.
I have written to them stating that they must have produced the recon agreement with details pinched from my loan application form.
They are now saying that they will prepare ccj papers within 7 days if I do not continue to pay.
Is it still the case that they can't do this without producing the origional paper work in court???
Is there a response letter I can send to them this week stating that they won't get far and I will apply to have the ccj over ruled etc.
Having done so well with the others I would just like to put this one to bed once and for all.
Please don't think I am worrying but I would just like them to see that I know my rights and stop them from chucking their threats at me.
Hope you have had a good weekend mate and a break from all the questions etc.
As ever your help is much appreciated, for the first time in years I feel like I can finally breath again.
Cheers.

never-in-doubt

jadex wrote: »

In contrast, I'm in line with you
And I am going to use the same (tailored) NID's letter you mention.
(Remove the sentence about House of Lords being the highest court in the land).
BTW. Thanks for upload in your post #1041.
Saves me the hassle of finding a scanner. :beer:

Hi

That sentence has been edited now - cheers

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords). Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

never-in-doubt

davmail wrote: »

Hi NID,some time ago you helped with getting defaults from Egg removed from my credit files,worked a treat with the template letters,checking again on Equifax and Call Credit,found one from Paragon Personal Finance(Chatham),did not know who they were,was showing YEARS of defaults although settled years ago,again,using your templates,they have removed all of them.Thank-You once again.

:money: :money:

Hiya - course I remember you (panicking if I recall lol)

Excellent News - Well Done :T :T

Thanks for coming back and posting - again, proof to the doubters that this [STRIKE]system[/STRIKE] law can and does indeed work

never-in-doubt

missal wrote: »

Are wescot required to forward requests for proof of default regsitered to the company they are collecting for?

they haven't twice now on the same account and are directing me to 02

Thanks

If Wescot will not do it then send it yourself, to o2 - as it's you querying it, really you need to chase it yourself....

Good Luck.

never-in-doubt

jadex wrote: »

Well, well...
One of the biggest banks in the world has responded to my CCA request.
What they've sent me is (I believe) 99.9% unenforceable as it is an application form with no prescribed terms.

Do they really think/believe that they are law unto themselves?

LOL - that's about right, don't expect anything less (was it HBOS or Barclays then?)......

Send this: CCA Dispute - Forged Document Supplied

never-in-doubt

icecube2009 wrote: »

Originally Posted by icecube2009
Hi, I dont kow if you can help me, someone told me neverindoubt was the person to ask!!

I have been on a dmp since May last year, one of the people I owe money to is NEXT directory, they originally accepted the reduced payments & stopped interest but today I have received a letter from a Debt collection agency saying next have now instructed them to recover the money (£724) outstanding on my account, and I need to pay it immediately or they will take legal action which could involve an attachment of earnings (not sure what this is) with present employer or an application for a warrant of execution by bailiffs against goods owed.

I havent a clue what any of this means & am panicing big time!

Someone on another thread told me it would be worth requesting a CCA which could 'send the debt agency packing'!
Can you advise please?

Thanks very much

Tsk - thay are talking rubbish! If this is your only account then pointless attempting a CCA as it is not worth ruining your credit file for £700....

They cannot do anything! Basically, you deal with the DCA and make the same arrangement and tell them you'd come to that with Next so are confused as to their involvement.... however, whenever an account is in arrears the lender - OC (original creditor) can if they like, sell the account to a third party or allow the third party to collect on behalf of them.

This could have been sold on a few weeks ago before you made the agreement with the OC due to backlogs (DCA's are very busy right now, as you'd assume lol).

Basically deal in writing only - and write to the DCA. They will not attach anything to your earnings nor will they take legal action so calm down. Have a read here - to put your mind at rest (the letters show the law!):

13. Bailiffs and Collections
Templates to stop lenders/bailiffs hassling you.

13.1 - Harassment by Telephone - Template to send if you're getting lots of phone calls;
13.2 - You know nothing of the Debt / Prove It - Who's debt is it / Prove it Letter;
13.3 - Threat of Doorstep-Visit - Template to send the DCA when they threaten a Doorstep-Visit;
13.4 - Legal Threat - Harassment by Telephone - Threat of legal action unless the phone calls stop;
13.5 - Harassment by Telephone - Follow Up - Template issuing s.10 & phone number removal.

never-in-doubt

burton_trade_kitchens wrote: »

They are now saying that they will prepare ccj papers within 7 days if I do not continue to pay.

:rotfl::rotfl::rotfl:

Ok, for anyone neutral - this could be funny - watch them look like idiots in court - bring it on Halifax, bring it on!

burton_trade_kitchens wrote: »

Is it still the case that they can't do this without producing the origional paper work in court???

Oh yes! They know this as well - see my signature

burton_trade_kitchens wrote: »

Is there a response letter I can send to them this week stating that they won't get far and I will apply to have the ccj over ruled etc.

Nooooooo - you must wait til they issue the CCJ then we get it wiped. It's all reasonably quick, also the judge should pick up (and you'd defend with that) - that the CCA Request is in breach thus no CCJ can be issued. If he misses it, when you appeal it with proof of the failings, it would be removed.

If anything, PM my mate 10past6 and explain to him events to date - he is the CCJ removal expert and will advise what is best, also link him to this reply as he needs to know they are in default of s.77-s.79 CCA1974. Tell him Niddy sent you - but you have to be patient, he will reply but he is also very busy... don't hassle the poor (overworked) bloke

burton_trade_kitchens wrote: »

Having done so well with the others I would just like to put this one to bed once and for all.
Please don't think I am worrying but I would just like them to see that I know my rights and stop them from chucking their threats at me.

As I say, check with 10past6 before doing anything. If he says to make a payment then let me know before you do cos i'll have to speak to him myself then... you do not (in my experience) give in and he may not be aware of all the facts....

burton_trade_kitchens wrote: »

Hope you have had a good weekend mate and a break from all the questions etc. As ever your help is much appreciated, for the first time in years I feel like I can finally breath again. Cheers.

Great weekend thanks mate.

It is good coming back to 12 PM's and a handful of post so thanks everyone :T :T

maz1964

Good Morning Niddy glad your weekend went well - me well ended up with a new computer as mine kind of crashed and didnt want to work since sat so now brand new pc and gosh all so much faster and windows 7 so hopefully i can organise a lot more of my stuff but i need to learn lots more too as a lot has changed for the better i hope

back to business, further to my previous only number 1107 post while you were away - pls see for info
and im glad you had a fun weekend;)

:eek:

saturday had 2 letters back re bcard credit card,. to robinsons way -

1. they returned my 1.00 postal order advising they have requested the info and had sent a seperate letter explaining their process.

2. this other letter advising they have asked for a copy of the agreement or statement to verify that you are liable to pay the amount due.

My account been placed on a temp delay pending receipt of this document and will contact me again in due course.

Guessing i hold and wait out and see so hold back on any reply right?

cheers catch up laters maz

never-in-doubt

maz1964 wrote: »

Guessing i hold and wait out and see so hold back on any reply right?

cheers catch up laters maz

Hiya

Yea had the best weekend thanks! Glad yours was ok, obviously with your new toy it can keep you entertained to the hilt

You simply leave them to respond, obviously it is unenforceable right now and it stays that way until they respond....

in_to_deep

morning nid
hope you had a good weekend
had phone call last night sunday at 20.18 08453007027 barclay
can they ring after 6 on a sunday?:mad: