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Unenforceability & Template Letters III

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  • maz1964
    maz1964 Posts: 903 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    edited 2 March 2010 at 8:57PM
    hiya NID

    thanks for you prompt reply and well we got there in the end, i just wanted to ensure my knowledge was accurate and yes i agree i did see it all and did read the 14 days in the earlier posts maybe that s why i wanted to alert you to the 135 post - was trying to help a little - i hope you didnt think i was being too over the top in pointing it out to you:eek:

    *********** just seen your update and yes im glad you didnt think i was nit picking, i totally understand that reading and updating stuff some basic errors do occur, just my mind works on little details that i seem to pick up easily and i miss the bigger info if i dont understand something lol - so will let u know any future bits now with a more relaxed approach cheers **************

    i am passionate about all this too, i volunteer and help vulnerable famillies with their debts and loans and i get so cross with banks who take no notice of stuff

    gosh do you ever get away from the pc with all those pms? hope you have fun with it all though, from what ive learned from you in the past week, i fully appreciate your help and guidance in all of this

    by the way you mentioned 10past6 to me last week re court case should i just pm him or her, or do myself a new thread with all my info first and refer them to it?
    cheers

    catch up laters :beer: maz
    Sealed Pot Challenge member 1525

    "Knowledge is the Power to get Debt Free":j

    Truecall device, stops all the unneccesary phone calls - my sanity has been restored and the peace in the house is truely priceless!:rotfl:
  • razer12121
    razer12121 Posts: 82 Forumite
    ive lost my proof of posting! ive been looking for it for ages but really having trouble finding it, suggestions?

    also what would be a good template for a letter to ask about setting up a payment plan?
    ebay 2010 challenge -:j very impressed with myself
    Total - £1428.56
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    maz1964 wrote: »
    by the way you mentioned 10past6 to me last week re court case should i just pm him or her, or do myself a new thread with all my info first and refer them to it?
    cheers

    catch up laters :beer: maz

    Hiya

    I never take offence lol, you don't know me well enough yet! I'm stoned too much of the time i'd guess :rotfl::rotfl::rotfl:

    Send 10past6 a PM and tell him Niddy sent you to him, he'll sort you out with anything to do with courts/ccj's etc..... between us we should set up shop :D:D:D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    razer12121 wrote: »
    ive lost my proof of posting! ive been looking for it for ages but really having trouble finding it, suggestions?

    also what would be a good template for a letter to ask about setting up a payment plan?


    you want to set up a payment plan? Then go here: IMPORTANT - Where to seek professional impartial advice about your debts.

    To continue with CCA Requests send this: CCA Reminder
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • maz1964
    maz1964 Posts: 903 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Thank you, NID

    will quickly pm him as been having so much fun on here with all this learning totally didnt realise the time so bid you good nite

    will catch again no doubt tomorrow

    cheers maz
    Sealed Pot Challenge member 1525

    "Knowledge is the Power to get Debt Free":j

    Truecall device, stops all the unneccesary phone calls - my sanity has been restored and the peace in the house is truely priceless!:rotfl:
  • Hi NID, thanks for the great help you're providing.
    I have a Credit Card and my question is: if the CC is Unenforceable, then how will it affect my Credit Rating?
    At the moment it is good. I do not want to ruin it.
    At the moment I have a mortgage and MBNA loan, never had any problems or late payments.
    So if my Cr Card is unenforceable (that's what Kerobo are claiming it to be), will I have problems remortgaging in the future.
    Please give me some advice.
    Many thanks
  • roadster
    roadster Posts: 152 Forumite
    Ignore it for the moment, when did you request CCA? You will have to stop payments soon and send the following: CCA Dispute / s.10 Cease & Desist



    I'd just stop payments, its going into a bottomless pit if you say it is unenforceable, have you sent the CCA and what did they send back

    Hi NID

    Thanks for getting back

    Monument - CCA req sent 7th Jan - reminder sent 22nd Jan - also im not making any payments as per your advice, the payment break plan (ppi) lets you take a payment holiday if you become unemployed, have a drop in salary etc etc, nothing gets paid off the balance it just freezes interest and charges for a set period. Not going to pay them if its unenforceable.
    They first sent back a blank reply card with separate T&C current and from the time card taken out, so i sent of the querry letter, and they sent me a photo copy of the reply card i signed (my sig on it) there is nothing on there linking it to anything no prescribed terms etc so I guess this is unenforceable.

    Barclaycard - as above same dates but nothing back at all. Also not paying them a bean as your advice - same kind of ppi payment break.

    If you need to take a peek at what monument sent i can up load it in the morning for you. But im pretty sure its unenforceable.

    So do you think i should extend the payment break plan another couple of months or am i acknowledging the debt.

    Forever in your debt (unless its unenforceable) lol

    Cheers as always:beer:
    A Bank is a place where they lend you an umberella in fair weather and asks for it back when it begins to rain - I hate them all
  • roadster
    roadster Posts: 152 Forumite
    bobosh13 wrote: »
    Hi NID, thanks for the great help you're providing.
    I have a Credit Card and my question is: if the CC is Unenforceable, then how will it affect my Credit Rating?
    At the moment it is good. I do not want to ruin it.
    At the moment I have a mortgage and MBNA loan, never had any problems or late payments.
    So if my Cr Card is unenforceable (that's what Kerobo are claiming it to be), will I have problems remortgaging in the future.
    Please give me some advice.
    Many thanks

    Hi

    Think NID will agree with me here - part of the unenforceability route is ceasing payments to your card provider, this will lead to them issuing a default ie - will stay 6 years on your credit file. Also why are you using a claims company when you can do it yourself for a quid ? If your worried about your credit file then this is not the route for you. If you read back and on the previous thread it will become clearer. Unenforceability & Template Letters II

    Hope that helps
    A Bank is a place where they lend you an umberella in fair weather and asks for it back when it begins to rain - I hate them all
  • Locke
    Locke Posts: 485 Forumite
    roadster wrote: »
    Halifax - they confirmed it is Unenforceable and will not chase till CCA found

    Wow they just backed off?:eek:
  • Quote:
    Originally Posted by averageguy11 viewpost.gif
    Hi...ta for reply..I am happy chugging along on the payment I agreed with them 3 years ago..but they don't seem to be..having chucked me to a DCA..who 'seem' to have passed me back when I told them I'm not going to differ from what ive been doing for the last 3 years...the bit re CCA..is purely so I know what they can/can't do ...seems to me thy wil struggle to enforce on what ive been given to date...agree?

    TIA (enjoyable/imformative thread)


    Hiya

    So you're making payments? How much is the debt, out of interest?

    If you want to invoke unenforceability you should not be making payments..... :p

    ***************************************************************

    Its my smallest one..at only 1300 pounds

    ****************************************************************
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