Unenforceability & Template Letters III

BrightonSun

never-in-doubt wrote: »

Hiya

Ok, time to kill this dead - it is unenforceable, as my first opinion stated - send this and ignore them from here-on-in: Debtors Final Response - No CCA Received

I actually LOVE YOU!! I've never said that to someone I don't know before :D

I have potentially just cleared a kak load of debt that's been hanging around my neck for nearly a decade :eek:
Which means when my loan finishes in Oct and I pay off my overdraft between now and then I will technically be debt free :eek:
If I could I would do some cartwheels around the office right now.
Thank you X10000000000000000000000

jen_br

BrightonSun wrote: »

I actually LOVE YOU!! I've never said that to someone I don't know before :D

woah take a number lol i believe im proclaiming my loveth also lol

never-in-doubt

jen_br wrote: »

Send this to the same addy as the complaint.?

Yep - it goes to the address of the person that sent you the letter that you emailed....

never-in-doubt

BrightonSun wrote: »

if I could I would do some cartwheels around the office right now. Thank you X10000000000000000000000

Hiya

Technically you'll be debt free but if they provide the original then the debt comes out of UE and becomes enforceable again so really until 6 years have passed with no payments/contact the debt is still there - just not enforceable.

But yea, the worst is now done - so well done on that.

BrightonSun

never-in-doubt wrote: »

Hiya

Technically you'll be debt free but if they provide the original then the debt comes out of UE and becomes enforceable again so really until 6 years have passed with no payments/contact the debt is still there - just not enforceable.

But yea, the worst is now done - so well done on that.

That's good enough for me

One final thing I will probably be moving in about 6 months, Do I not advise them of new address? (as in try to find me??? lol :D)

never-in-doubt

BrightonSun wrote: »

That's good enough for me

One final thing I will probably be moving in about 6 months, Do I not advise them of new address? (as in try to find me??? lol :D)

Best to not tell them, but don't try and conceal it or you'll end up with cifas markers.... basically do a mail divert via royal mail to the new address, and just let the creditors write to the old address for the time being - the divert will pick them up, yea?

BrightonSun

never-in-doubt wrote: »

Best to not tell them, but don't try and conceal it or you'll end up with cifas markers.... basically do a mail divert via royal mail to the new address, and just let the creditors write to the old address for the time being - the divert will pick them up, yea?

Thanks it's not definate I'll be moving just a maybe

Thanks for your help though! I've heard nothing since I sent the P!ss off letter to 1st Credit either...Fingers crossed!

10past6

shed_head wrote: »

Yes I have a log in and password details

Good, I'll explain later what to do.

shed_head wrote: »

I have got the kids out of the way for a couple of hours this pm so will go through all the boxes of paperwork and see what else is around

The letter "default notice" is the key to how you proceed, as I mentioned it's important to check whether one was issued one or not.

Can you pm me the "points of claim" this will be a statement on the court papers stating what action they're bring this claim on.

Did you mention you have been miss sold PPI, if so, did you raise this "PRIOR" to receiving the court claim?

I_Love_Crisps

Hi Nid, still doing a great job I see! my card company sent me the first proper scary letter today saying I have 28 days, or Debt Collectors, default etc...of course they still haven't sent me the proper cca!

This letter does get me a bit but I guess I just ignore it, as they have the final letter off me?

Cheers...

mojoparrot

Hi NID

Dont know if you remember the post I put on a week ago about my mum receiving someone else's CCA from M & S. I sent them the breach letter with this addition:

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On 17th March 2010 I made a formal request for a true signed agreement for the alleged account under the Consumer Credit Act 1974 (s.77-s.79). A copy of which is enclosed for your perusal and ease of reference. I received by special delivery on 3rd April 2010, which I was required to sign for, a document which does not contain my details but those of someone that I have no knowledge of, namely a Mr X. Included in this document are Mr X’s personal details including banking address and account number and sort code, history of address and telephone number, workplace and salary details and Mr X’s signature. Copy enclosed. I understand that my having been sent this document will constitute a serious breach in the data protection act on your part and should be reported to ICO and FOS. etc..........

The letter went out on the 6th April, although the original CCA request went on 17th March, mum received her monthly statement dated 5th April and also seperatly a statutory arrears notice also dated 5th April with £12 late fee added. Should I send a response letter and which one?
Or should we not care as she has stopped payment (for the first time ever in her 68 years!!).
Thank you o wise and witty guru:A:A:A