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Unenforceability & Template Letters III

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  • 10past6
    10past6 Posts: 4,962 Forumite
    I have pm'd 10past6 so I will await his reply
    This morning I recieved a reply from them saying that they do not consider my account to be in dispute and that they dissagree with my complaint
    That's their decision, which they're entitled to, however, you have a different opinion, and if they chose adjudication to clarify it, then so be it.
    They then state that if my payments are not brought upto date within 7 days then they are going to issue me with a CCJ
    Since when have these muppetts appointed themselves as Judge & Jury, it's for the court's to decide whether a CCJ is to be granted, that's what a CCJ means "County Court Judgement"
    Within the letter they also included a Default notice for the account
    We need to see the DN to confirm it complies with legislation.
    Would you be kind enough to give me some advise on what you think I should do from here??
    Nothing, the onus is and always has been on the claimant to prove their claim, no matter how anxious and intimidating their letters maybe, ignore them, the balls with them, don't chase them, you've informed them of your position, wait until they make the next move, oh, do bare in mind, their letter's are worded to intimidate you.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    edited 30 March 2010 at 10:26AM
    10past6 wrote: »
    That's their decision, which they're entitled to, however, you have a different opinion, and if they chose adjudication to clarify it, then so be it.

    oh, do bare in mind, their letter's are worded to intimidate you.

    Morning mate - thanks for posting back, I thought you'd be the best to sort this little problem out!

    Can you confirm that he should continue with cessation of payments, as i'd previously suggested (as they are in default of s.78)..? Link here: #1122

    Cheers - hows it going BTW..? :beer:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • 10past6
    10past6 Posts: 4,962 Forumite
    Hi dude! :rotfl:

    I'm good thx, did you have a good weekend away? >> ;):D;)
    Can you confirm that he should continue with cessation of payments, as i'd previously suggested (as they are in default of s.78)..?
    Absolutely, the accounts in default, if not, how come they've sent him a DN letter ;)they can't have it both ways ;)
    hows it going BTW..? :beer:
    Just FYI, I'm away for the weekend from Friday am until Monday PM ;)
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • 10past6
    10past6 Posts: 4,962 Forumite
    Have to dash, bbl ;)
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • smifff_2
    smifff_2 Posts: 37 Forumite
    Part of the Furniture Combo Breaker
    Hi NIBS, long time no sepak, hope you are well.
    Just got a letter from Mercers, standard letter I assume.
    It goes like this
    (48hr NOTICE
    Despite all our previous communications, you have ignored our demands for payment for your long overdue account.
    we will now pass your account to a debt collections firm in your area and alocal rep may call at your address to obtain payment of your debt.)

    Theyve sent threats before which I responded with your don't you dare letter which as you know they ignore.

    What shall I do about this one, Ignore them. I'm sure you remember I live in France.
    Thanks
  • coffeedog
    coffeedog Posts: 45 Forumite
    Hiya

    Of course I remember - the 1st loan is brilliant news - no agreement means no repayment means unenforceable.... Excellent :T

    Regards to the 2nd loan, send this: Debtors Final Response - No CCA Received

    See what transpires but you must cease repayments on both as right now they are both unenforceable - as you know, you will get defaulted but that is ALL they can do... hehe :D

    Let me know if you get any other problems but really, you should be ok now. :p


    That's excellent, thanks so much. So, i'll just leave the first loan alone now and get that letter off re second loan asap. Thanks so much for your help. This new thread is very clear by the way, it's a work of art! :T
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    smifff wrote: »
    What shall I do about this one, Ignore them. I'm sure you remember I live in France. Thanks

    Haha - oh yes, I remebered that you're out the UK - personally, i'd ignore them and if they want to send a DCA to you - good - lets see how much that costs them :rotfl: :rotfl: :rotfl:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    10past6 wrote: »
    Hi dude! :rotfl:

    I'm good thx, did you have a good weekend away? >> ;):D;)

    Absolutely, the accounts in default, if not, how come they've sent him a DN letter ;)they can't have it both ways ;) Just FYI, I'm away for the weekend from Friday am until Monday PM ;)

    Hiya matey

    Thanks for confirming - I thought you'd agree but best to check....

    Hmmmm, long weekend? Well have a great time away won't you - whatever you may be getting upto mate :whistle::whistle:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Numpty_Monkey
    Numpty_Monkey Posts: 14,196 Forumite
    10,000 Posts Combo Breaker
    Just to say glad you had a good weekend with your fellow sporan swingers:rotfl:


    I still ain't sent this #1049
    I'll wait till I come back from my trip down south
    to send the reply:T
    they couldn't be arrised rushing, so why should I:D

    and I do need time to retink and to re-phrase my offer to the Loan:o

    I'm not sure

    You are getting £xx for now,you evil, soul destroying leeching ba****ds
    like it or lump it.
    If you don't accept that, tough titty,
    if you want more, you can go and f*** off


    It is work in progress:D
    ot sure of the grammer:cool:

    :rotfl::rotfl:
    PROUD TO BE DEALING WITH MY DEBT NERD #869
    Numpty,Not sure why but I'm crying :o . Of all the peeps on this board you're the kindest & most supportive of all & I'm :mad: & :( for you all at the same time . Wish I was there to give you a big :grouphug: & emergency hobnobs
    xx
    DFD 5/1/16
  • in_to_deep
    in_to_deep Posts: 48 Forumite
    hi nid
    got reply from barclaycard same letter as post 879 after sending your letter 4 cca dispute can i send your reply post 886. if that ok with you? copy right an all that.:rotfl:
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