Unenforceability & Template Letters III

never-in-doubt

softie1 wrote: »

Thanks for the swift reply NID

Now i appreciate this is speculation, but i`d like to get some idea of the outcome in a worst case scenario, before i go down this route.
If i get unlucky, and both are enforceable, are there guidelines for amounts to be paid on a repayment plan? Is it a case of offering what i can afford, or are they likely to make a stipulation ie percentage of debt?

Have no bank accounts with HBOS so no worries there - phew

Trust me here - send off your CCA Requests, i'll sort it for you if it can be sorted

Don't worry about DMP's right now, they usually accept a reasonable offer but legally have to accept £1 per month in certain cases... anyway, you'll not have this problem so don't worry yourself, honestly.

softie1

Many thanks NID.....much appreciated

Need to be a little careful with my timing here, but will do as you suggest shortly, and get back to you if there are any problems.

Seems as though most of the info. / templates are on here, but will certainly ask your advice again if i get stuck.

Locke

Morning NID.

I recently wrote to Barclaycard asking for my CCA and they supplied me with the terms and conditions so I sent off your template 3.2 letter but haven't had a reply to that yet.

My question is that at the bottom of your letter you say about a response within 14 days, what letter should I send after those 14 days are up? A CCA reminder or a CCA dispute?

I've got a week left yet for them to reply but I'm just trying to stay one step ahead of the game if you know what I mean.

Btw glad to hear you enjoyed your weekend.

never-in-doubt

Locke wrote: »

My question is that at the bottom of your letter you say about a response within 14 days, what letter should I send after those 14 days are up? A CCA reminder or a CCA dispute?

I've got a week left yet for them to reply but I'm just trying to stay one step ahead of the game if you know what I mean.

Btw glad to hear you enjoyed your weekend.

After a month (you give them the 14 days as a minimum legal requirement) you send the Final Response..... either CCA received or not received version, dependant on whether they sent it or not....

Weekend was fan-dabi-dosey! hehe

in_the_mire

Hi NID
just a quick question after reading through most of this thread. I have been given a judgment for claiment ( in default ). Would I be to late to ask for a CCA or should I assume they must have one because the order has been made.

I have some others to deal with but these people have been hell bent on getting this order and would like to stick it to them.

btw great thread

thanks in advance

Spacehopper_3

Hi,

Excellent information in this thread and Niddy is a god send to all. Started the process and followed it religiously. One DCA has put on hold until they can get CCA from Cahoot (hope this means they cannot get it). Problem with CD UK Ltd. They refuse to help and insist on me doing the running around. I have thought about contacting Egg (providing all previous correspondence) but should I waste my time. Do I just send the final letter (CCA not provided)? Thanks in advance for assistance.

never-in-doubt

in_the_mire wrote: »

Hi NID
just a quick question after reading through most of this thread. I have been given a judgment for claiment ( in default ). Would I be to late to ask for a CCA or should I assume they must have one because the order has been made.

I have some others to deal with but these people have been hell bent on getting this order and would like to stick it to them.

btw great thread

thanks in advance

Send a PM to 10past6 and ask his advice.... he's the court/ccj specialist.

tell him niddy sent you and remember he is busy and won't reply immediately, but he does reply - just hang on in there.

The more info you give him in the PM, the better the response. Remember he is away this weekend so get in there fast if you want his help.

Good Luck.

never-in-doubt

Spacehopper wrote: »

Hi,

Excellent information in this thread and Niddy is a god send to all. Started the process and followed it religiously. One DCA has put on hold until they can get CCA from Cahoot (hope this means they cannot get it). Problem with CD UK Ltd. They refuse to help and insist on me doing the running around. I have thought about contacting Egg (providing all previous correspondence) but should I waste my time. Do I just send the final letter (CCA not provided)? Thanks in advance for assistance.

Hiya

Yep - they know the rules and they have now broken them and left the account unenforceable until they rectify their default of s.78 request - the rules are quoted below:

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

As such, you now send this, to the DCA: Debtors Final Response - No CCA Received

Spacehopper_3

Thanks for the speedy response. Will sort this out tonight. Will start work on a couple of others and see if I get the CCA. Hope you can help if they provide them and I cannot work out if they are enforceable.

Cheers

never-in-doubt

Spacehopper wrote: »

Thanks for the speedy response. Will sort this out tonight. Will start work on a couple of others and see if I get the CCA. Hope you can help if they provide them and I cannot work out if they are enforceable.

Cheers

Don't worry about a thing.... remember with Egg - you need to see this too: Egg Card - CCA Flawed?

The above is a last resort..... but worth reading all the same