Unenforceability & Template Letters III

10past6

never-in-doubt wrote: »

Right now, most definitely not, wait and see what 10past6 says - it may be better to refer him here and see what he says? But don't do anything, until he's responded.

Where has the claim been issued from Northampton?

Prior to you receive the claim, did you receive a default notice and termination letter?

cardcutter

AndyLGR. Just read with interest your post #1454 and noticed that the signatory who 'authorised on behalf of Capital One' on your application is the same one who authorised ours even though they are a few years apart (its virtually identical)... He must have had the same crayon for many many years....:):)
No wonder Cap 1 is floundering..

Wicca303

Wicca303 wrote: »

Hi NID,

Little update.

Had this from Cabot re. HFC:

We have made several urgent requests to the original lender to forward any documentation relating to your account to us. Unfortunately, Cabot has not received this information due to a delay in retrieving this from their archives. We will continue to request this information and upon receipt will forward the documentation to you immediately.
In the meantime, Cabot has suspended all collection activity until such time that the relevant information is supplied to you.
Cabot wishes to apologise for any delay in supplying this information to you.

Thanks.

Further update Cabot have now sent me a letter accompanied by a hundred or so print outs of what appear to be account statements. In the letter they say:

... Please be advised, that the failure to provide a copy of your agreement in time does not affect the legality of your debt with the Cabot Financial Group but merely renders the credit agreement unenforceable until such time the agreement can be produced.

It has been well established in English Law, that "enforcement" constitutes obtaining judgement at court. The reporting of a default entry to the Credit Reference Agencies or Cabot requesting repayment of your account does not amount to enforcement.

Not withstanding, HFC has provided Cabot with copies of the available statements pertaining to your account, which I have enclosed. These statements clarify the outstanding balance that was assigned to Cabot. They also clearly detail repayments made towards your debt, which constitute a clear acknowledgement of your responsibility to repay the debt. In addition I am enclosing a Cabot statement of account, which also details repayments you have made to Cabot, since our ownership of your account.

In light of the above, Cabot is of the opinion that you have been provided sufficient evidence that the account exists.

We therefore recommend that you contact us to make repayments to your account and upon reciept of the relevant documentation we will supply you with the same.

I trust I have set out our position clearly.

I'm reading this as them saying "Yes your debt is unenforceable, but only if we take you to court. Please give us some money."

I'm thinking just send the CCA Dispute letter.

Just want to check if I'm reading this correctly.

libbyjade

never-in-doubt wrote: »

Hi matey fire this and send a copy to both addresses - :rotfl: :rotfl:

Hi matey,

Re post #1180 and your reply above, I sent the letter on 30/03/10 to DCRI at both addresses they put on their letterheads.

My partner answered the phone yesterday and the cheeky barstewards said is Dave there please. When she said he's not in, who's speaking please, they said when will he be in? She said she didn't know and again who was speaking? They then confirmed it was DCRI and they would ring back later.

They'll try every trick in the book to get hold of you!!

I've also today received a letter from them dated 7/4/10 complaining they did not receive a payment in Feb or March and that it may have been an oversight by me :rotfl::rotfl: and to contact them immediately as non payment may result in legal proceedings!! :eek: :eek: Bring it on!
Their aim is to assist me in reducing my debt in a realistic timeframe.


Should I just ignore mate or send the harrassment by phone letter?

Thanks...

*Pollypocket*

Hello!

Just thought I would update on my situation. I received a default notice from LTSB today, which I have been waiting for having not paid them since January.

They are asking for a certain amount by a certain date, which I shan't be paying. My question is do they automatically go for a CCJ after this date or do they usually pass the debt on to a DCA?

I sent them the Debtors Final Response - CCA Received on the 22nd March as advised by Niddy . Here is the link: http://forums.moneysavingexpert.com/showpost.html?p=30981327&postcount=837 Sorry, I haven't worked out how to do it properly yet. Anyway, according to the Royal Mail tracker they have received the letter but I haven't heard a thing yet, no phonecalls, nothing :think:

Thank you very, very much again!

thechippy

Generally it goes to an in house collection dept first and if they have no luck, onto the dca merry go round. It's not that common for the oc to begin litigation, as they feel it puts them in a "bad light". They would rather sell the debt to a dca and let them do it.

To add...

Leave this in nid's capable hands. The lack of a compliant cca can delay litigation for a year or two sometimes, or even indefinately. Even if they do litigate eventually, they still need to produce a compliant original agreement at the hearing.

*Pollypocket*

thechippy wrote: »

Generally it goes to an in house collection dept first and if they have no luck, onto the dca merry go round. It's not that common for the oc to begin litigation, as they feel it puts them in a "bad light". They would rather sell the debt to a dca and let them do it.

To add...

Leave this in nid's capable hands. The lack of a compliant cca can delay litigation for a year or two sometimes, or even indefinately. Even if they do litigate eventually, they still need to produce a compliant original agreement at the hearing.

Thank you for your help. I'm feeling surprisingly calm about the whole thing now, thanks to Niddy's thread :T

shed_head_2

10past6 wrote: »

Where has the claim been issued from Northampton?

Yes it was issued in Northampton


Prior to you receive the claim, did you receive a default notice and termination letter?

Not sure about that one, I have a number of letters from Fredrickson International Limited. Asking for payment.
Cap one and then fredrickson int were calling me from 8 in the morning till well gone 9 at night for months. It got so bad that I just unplugged the phone and stopped opening all my mail.

I got a full time job at christmas and starrted opening mail again in Jan, I had a letter from fredrickson asking for payment, I assumed for the full amount that I didnt have I panicked and buried my head. I was just begining to get my head around the fact that I was working and that I had been paying PPI on the account since it had been opened when I got the court papers.

Then a letter from solicitors telling me that as I have failed to make payment litigation prodeedings would start and I wuold recieve a claim form from the court in the next 48 hours. the claim form and that letter arrived on the same day.

so nothing that I know of from capital one just letters from fredrickson int.
Shed

Oh and we have had mail, cards and the occasional parcel go missing. The addressing in our area is not great. we are a semi detached house our addy eg we are 10 A road and attached house is 34 B road, confuses the postie.....

never-in-doubt

Wicca303 wrote: »

i'm reading this as them saying "Yes your debt is unenforceable, but only if we take you to court. Please give us some money."

I'm thinking just send the CCA Dispute letter.

Just want to check if I'm reading this correctly.

Yes you are spot on, they have said themselves that they cannot do anything, muppets! send the CCA dispute - then see what they say. If necessary, i'll do a manual response to their next blag letter for you

never-in-doubt

libbyjade wrote: »

Hi matey,

Should I just ignore mate or send the harrassment by phone letter?

Thanks...

Hiya,

send the formal notice Legal Threat - Harassment by Telephone - that will be more severe...