Unenforceability & Template Letters III

never-in-doubt

themaestro wrote: »

Hiya NID. CCA'd Lowell and 1st Credit 2 weeks ago 2moro regarding Cap 1 and HFC respectively. Had 3 letters from Lowell saying...1 - we're sending it to the right department (what the desk across from you? haha)...2 - we've sent a request to Cap 1.....3 - I can confirm Cap 1 are searching their archives....once found you have to pay blah blah. Do i just wait even though it's more than 12 days?

Also...had no response from 1st Credit whatsoever......??

Hiya just leave it, sit and wait ok?

When they reply, let us know :D:D

Unicorn0578

Hi Never In Doubt.....

Back again I'm afraid

Will include previous info then update:

I requested a copy of the Original Credit Agreement
And I was sent this:

w w w . t i n y u r l . com/ydpw7np

I posted this before in this thread and as it was an application I was advised I could reply with step 3: CCA Request Query

I sent this off by recorded post and this is their reply:

w w w . t i n y u r l . com/y99cjpu

never-in-doubt wrote:

Its not enforceable, the prescribed terms should be on the same signed page and this doesn't seem to be the case here, also their letter says it all 'we're not looking to take legal action - we prefer negotiating repayment'

Just send letter 4 - 4. CCA Dispute

I sent them letter 4 recorded on the 8th February 2010 and recieved their reply dated 26th March 2010 below:

w w w . t i n y u r l . com/yc76373

Also 10 pages of 'Credit Card Agreement regulated by the consumer credit act 1974'
states this is a copy of your agreement for you to keep.....
Also
The parties to this agreement are Halifax plc ............. and My name and address.

Also
several pages of statements on the account.

A copy of their official complaints procedure was enclosed.

Sorry to be a pain but any more advice would be great......


Thanks again

midastouched_2

never-in-doubt wrote: »

Hiya

Weekend was great thanks - hope yours was nice and stress free? :beer:

No need to respond mate, that's it - you sit and wait....

Hi Niddy,

Further to my default letter I sent I've now received a standard customer relations complaint procedure letter in which they state that they will investigate my complaint and respond within 28 days.

I'm a little worried about this as as the letters crossed in the post, my complaint dosen't really stand. They did respond with a CCA (albeit hopefully unenforceable) - what do I do?

Cheers,

Midastouched:beer:

10past6

in_the_mire wrote: »

just a quick question after reading through most of this thread

I've sent you a reply

never-in-doubt

maximoomoo wrote: »

Hi

A default is bad either way and will hinder you so if you've had one already then sod a F&F offer - try sending the CCA Request off and lets get them for unenforceability - you have nothing to lose at the end of the day - wait 6 years for the default to drop off.... if it is not with a DCA yet then they won't take good offers, if it is with a DCA then we can usually get 20% offer accepted along with default removal - it depends on assignment and what they have to gain/lose by doing it.

Try the CCA route - worth it for £1 (page 1)...

never-in-doubt

10past6 wrote: »

I've sent you a reply

Cheers for being so proactive matey :T

Have a great weekend, don't do anything I wouldn't do :whistle::whistle: (doesn't leave a lot then does it) :rotfl:

Take it easy mate :beer:

never-in-doubt

midastouched wrote: »

Hi Niddy,

Further to my default letter I sent I've now received a standard customer relations complaint procedure letter in which they state that they will investigate my complaint and respond within 28 days.

I'm a little worried about this as as the letters crossed in the post, my complaint dosen't really stand. They did respond with a CCA (albeit hopefully unenforceable) - what do I do?

Cheers,

Midastouched:beer:

Hiya

Ok, the reason for the complaint is because you used the term "this account is dispute" which means under FSA rules they have to look into it and respond, which allows you the opportunity to obtain the "Final Response Letter" which is what you want, in order for the account to remain in stalemate because you feel it is UE and they feel it is enforceable so you need them to close it (with a final response) and then you send your final response back - from page 1 - which tells them the only way you will communicate again, is if they provide the original agreement. That way if they try and play silly beggars, you have proof that you told them you'd ignore them UNLESS... and you also have proof of delivery (when you send it recorded)...

Make sense?

Its all to comply with rules and paper trails mate - just trust me ok?

Regards to being worried, don't be - this is exactly what you wanted. An unenforceable account - which you currently have. Doesn't matter what the lender thinks - unless they have an original to bring to court they cannot do much! So stop worrying and enjoy your easter break...

Let me know any more updates but otherwise, you sit tight and let things slow down/pick up whatever.

Cheers :beer: :beer:

never-in-doubt

Unicorn0578 wrote: »

Hi Never In Doubt.....

Sorry to be a pain but any more advice would be great......

Thanks again

They have told you in both letters that they will not commence legal proceedings, why do you think this is? (sorry to be so blunt lol)

I advised you it is unenforceable, (i'm not often wrong on this front) - so let them come at you with whatever they want - it means nothing! They will not be able to bring any legal proceedings, see my signature. So, in a nutshell - they are trying to scare you but deep down they know that *I* know that it is unenforceable and so they're chancing it....

Ignore them Stop worrying Enjoy your easter break :beer:

razer12121

hi again NID, got a letter back from additions....and this is what it says,

default notice
served under section 87(1) of the consumer act 1974

we refer to the above agreement which you have entered into with us. the payment clause of the agreement provides that you must make the required periodic payment in full by its due date. you are in breach of that clause because you have failed to make all your periodic payments in full when due, and arrears amounting to 289.63 are outstanding.

to remedy the breach you must pay us the total arrears of 289.63 are outstanding before 23 apr 2010.

if the action required by this notice is taken before the date shown no further enforcement action will be taken in respect of the breach.

if you do not take the action required by this notice before the date shown then the further action set out below may be taken against you.


they then just babble on about how to make payments and such, i already know it is unenforcable and it would seem they have just ignored the last letter ive sent them, suggestions??

never-in-doubt

razer12121 wrote: »

hi again NID, got a letter back from additions....and this is what it says,

they then just babble on about how to make payments and such, i already know it is unenforcable and it would seem they have just ignored the last letter ive sent them, suggestions??

See my reply to playboy999 exactly the same has happened..... Ignore it, chances are (and from what you've said) it won't be a lawful DN anyways - let things calm down and eventually i'll work through all your (i.e. everyine on here) defaults but remember, a default is expected when you attempt unenforceability and I did warn everyone of this fact several times.

It is better to have a default than to be paying £XXX per month for 10 years isn't it? :rotfl: