Unenforceability & Template Letters III

never-in-doubt

swanfan02 wrote: »

Hi NID, threatagram from MHA Collections today. Do i ignore them? I have not sent CCA Query T&C to Lloyds yet.

You send this to them: Account sold whilst in Default of CCA Request

never-in-doubt

midastouched wrote: »

"...Even in circumstances where an agreement may be unenforceable (which, for the avoidance of doubt, is not the case in relation to your agreement), you are still legally obliged to repay the money you owe to us, and the Bank is still permitted to demand repayment, report defaults to credit reference agencies, issue default notices and, where necessary, instruct debt collection agencies.

This is correct, the recent McGuffick case allows them to share data with the CRA's and report a default whatever, they can also apply "reasonable collection activity" but this is within strict OFT Guidance...... don't worry too much about it....:D

midastouched wrote: »

Finally, as you are using the services of a claims management company I would like to remind you of the recent warning issued by the Ministry of Justice and Citizens Advice Bureau. You can find more details about both at:..."

Aaaaw bless, they think Niddy is a CMC? I've heard it all now - do they not know my giving FREE advice means I do not need to be registered with the MoJ :rotfl::rotfl::rotfl::rotfl:

As you say, send the standard reply back that I previously advised mate - Debtors Final Response - CCA Received

never-in-doubt

carol01 wrote: »

Hiya n.i.d and everyone
guess what! i recieved a letter from halifax today :jeven though it is still is still swimming around in the sorting office (well thats what the post tracking says) BUT i have put a wrong digit in for my account number :mad:
they have sat on this letter since the 23/03/10 and have now asked me to rewrite my requsr with the correct account number on it i put a 3 instead of an 8 .so my question is do i resend again starting with the 12+2 days thanks in advance

Yep, start again from scratch... you have to get the most basic things right and unfortunately you cannot blame them for sitting on it, lol..... have they cashed your £1? If so then you obviously don't send another one! This time do it properly lol... ;)

never-in-doubt

Locke wrote: »

Is it ok to use the letter you wrote at #886 as a reply?:D

It sure is, obviously check the content and personalise it to yourself :p:p

never-in-doubt

BeenieCat wrote: »

Received a letter from Capital One this morning

Capital One CCA - front

Capital One CCA - back

They sent me two copies, both signed on different dates - but both the same. I've scanned it but the quality they sent was pap, sorry.

Looking at Emma29's links here #966, her 1st link is the same but i don't have what she got in the 2nd link? You replied to her #974.

Hiya Beenie

Yes, I remember - thanks for the links, make my life soooo much easier :T, so same advice applies but in your case we'll skip forward - instead of the CCA Query we'll go straight in with this: CCA Query - Terms & Conditions Supplied

Then give it a month, they'll issue a final response within that time and you reply with your own (from page 1) and the matter is closed...

Don't worry, that application form is not enforceable

midastouched_2

never-in-doubt wrote: »

This is correct, the recent McGuffick case allows them to share data with the CRA's and report a default whatever, they can also apply "reasonable collection activity" but this is within strict OFT Guidance...... don't worry too much about it....:D



Aaaaw bless, they think Niddy is a CMC? I've heard it all now - do they not know my giving FREE advice means I do not need to be registered with the MoJ :rotfl::rotfl::rotfl::rotfl:

As you say, send the standard reply back that I previously advised mate - Debtors Final Response - CCA Received

Thanks Niddy - will do.

If you remember, i have two unsecured loans with the same [STRIKE]bast[/STRIKE] bank - one of which is post 2007. They've both now issued default notices - I can handle the pre 2007 one as it looks to be UE as shown to you in PM. The post 2007 - how do I handle this one?

Any advice is welcome and always greatly appreciated.

Midastouched

never-in-doubt

midastouched wrote: »

Thanks Niddy - will do.

If you remember, i have two unsecured loans with the same [STRIKE]bast[/STRIKE] bank - one of which is post 2007. They've both now issued default notices - I can handle the pre 2007 one as it looks to be UE as shown to you in PM. The post 2007 - how do I handle this one?

Any advice is welcome and always greatly appreciated.

Midastouched

Let them issue DN's mate - they will be wrong, leave them for the time being and see what happens yea? A DN is no problem (and you did expect them) - but we're hoping they will not go for a CCJ, if they do then we'll get them set-aside as well.

Just go with the flow, all defaults will be looked into at a later date.... basically, its best to fight for the DN removal about a year after it was added cos then you can demand formal removal from the CRA's - at the moment they will not listen cos the lender will have all paperwork to hand... there is a reason for the slow process... ;):cool:

never-in-doubt

Edit - in line with the above message, in a few weeks (summer 2010) i'll be adding a post about how to remove the default and when to start the removal process, with relevant templates and flow charts.... i'll post a lot about it as the time nears so don't worry! It will be on this thread on page 1....

carol01

never-in-doubt wrote: »

Yep, start again from scratch... you have to get the most basic things right and unfortunately you cannot blame them for sitting on it, lol..... have they cashed your £1? If so then you obviously don't send another one! This time do it properly lol... ;)

will do lol (stupid dozy carol that should have gone to specsavers):)

never-in-doubt

carol01 wrote: »

will do lol (stupid dozy carol that should have gone to specsavers):)

I'm saying nuttin, nuttin :rotfl::rotfl::rotfl: