Unenforceability & Template Letters III

never-in-doubt

scarednshakin wrote: »

Hi Niddy

Yep it was the emails I was talking about, no hurry just when you have a mo. Have a fab weekend and don't work too hard

Hiya

You sent this letter right? #1169

And the email where you mention post 1161 (20th Feb) should be the letter you sent 30th March (above)... Have I got that right?

Regardless, leave things as they are -- the outcome is the same matey - they sent their reply a day after you sent yours so they crossed in the post.

Their letter is actually a joke - do not worry about it mate - forget their latest threats, they really are sad!

It is unenforceable and remains so mate - IGNORE them. :D

scarednshakin

No probs, will do. Will let you know when the next reply comes in. Cheers mate

never-in-doubt

shed_head wrote: »

I am thinking this may be a silly question before I ask, but why do you never ring anyone?

Shed

Eh? you're not serious, are you?

since when did an informal chat on the phone ever win anything in court? :think::think::think:

midastouched_2

never-in-doubt wrote: »

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:

Hi Niddy.

I've got a letter demanding payment for the post 2007 from SCM Solicitors thus [capital letters are all theirs]:

"We are instructed by LTBS who advise us that despite several reminders your account remains out of order. This letter, therefore, makes formal demand on you to repay the balance as quoted above less any rebate, which may be due in respect of settlement within the agreed term of the loan. Our client will provide full settlement details on request.

If payment is not received by our client within 14 days from receipt of this letter, Legal proceedings may be issued against you without further reference. Once proceedings have been issued, you may be liable for the legal costs inccured. In order to avoid this action you should make payment into a LTSB branch. Alternatively you can send a cheque made payable to our Client to the above address. Please write your account number on the reverse of the cheque.

You are advised that it is our Client's intention that information relating to your failure to pay will be lodged with the following CRA's Experian, Equifax and Callcredit plc. This information will remain on record for a period of six years.

Our Client tells us that you should be also be aware that it is common practice within the finance industry for this information to be used when assessing your ability to manage your own finances and it may be that this will also affect anyone with whom you might share a joint account. Furthermore, we are instructed that if the debt is settled within the prescribed period this fact will also be recorded, but will not lead to the original default being removed.

If you are unable to pay the full balance, our Client may be prepared to accept a reduced sum, together with realistic proposals for regular monthly payments. You must telephone our Client on xxxx xxx xxxx immediately if you wish to discuss such an arrangement.

REMEMBER, THIS IS A FORMAL DEMAND PRIOR TO THE COMMENCEMENT OF LEGAL PROCEEDINGS AND YOU ARE STRONGLY URGED TO MAKE IMMEDIATE PAYMENT TO AVOID THE ABOVE ACTION"

---

Just to jog your memory - I requested a CCA for this on 1st March but have received nothing back.

Have a great weekend mate,

Midastouched. :beer:

never-in-doubt

Ok, so they are making a threat - nothing more at this stage..... just sit tight... Have a great weekend yourself mate,

:beer:

10past6

shed_head wrote: »

I have sent you a pm with the other info you requested

OK, this claim WILL result in you attending court at some stage.

Depending on how confident you are will depend on how you wish to proceed from here.

It's YOU that will have to present your defence in court, the claimant will try and confuse the case once they realise they're onto a loser, don;t think a Judge will be on your side, just because they have a tltle of "Judge" they will be fully aware of consumer legislation, they're not, it's for YOU to show what breaches the claim are in, I'm giving you a negative picture here, but you need to be fully aware of the challenges ahead, so, you have a choice, either defend and challenge them, or admit the claim resulting in a CCJ being awarded.

Just to give you some confidence, another member who had a CO placed on her home won her case in court today, having the CO & CCJ removed, it took her 12 months to win her case, which confirms creditors CAN be beaten.

jammin_2

10past6 wrote: »

OK, this claim WILL result in you attending court at some stage.

Depending on how confident you are will depend on how you wish to proceed from here.

It's YOU that will have to present your defence in court, the claimant will try and confuse the case once they realise they're onto a loser, don;t think a Judge will be on your side, just because they have a tltle of "Judge" they will be fully aware of consumer legislation, they're not, it's for YOU to show what breaches the claim are in, I'm giving you a negative picture here, but you need to be fully aware of the challenges ahead, so, you have a choice, either defend and challenge them, or admit the claim resulting in a CCJ being awarded.

Just to give you some confidence, another member who had a CO placed on her home won her case in court today, having the CO & CCJ removed, it took her 12 months to win her case, which confirms creditors CAN be beaten.

Can the rest of us know what this relates to?

10past6

jammin wrote: »

Can the rest of us know what this relates to?

I've asked the member to update their thread, it's not for me to update it

shed_head_2

never-in-doubt wrote: »

Eh? you're not serious, are you?

since when did an informal chat on the phone ever win anything in court? :think::think::think:

Hay I am the person who buried their head in the sand and hoped it would all go away!!!

I am on a fast learning curve...

Although feeling a little sick with fear again at this point.

shed_head_2

10past6 wrote: »

OK, this claim WILL result in you attending court at some stage.

Depending on how confident you are will depend on how you wish to proceed from here.

It's YOU that will have to present your defence in court, the claimant will try and confuse the case once they realise they're onto a loser, don;t think a Judge will be on your side, just because they have a tltle of "Judge" they will be fully aware of consumer legislation, they're not, it's for YOU to show what breaches the claim are in, I'm giving you a negative picture here, but you need to be fully aware of the challenges ahead, so, you have a choice, either defend and challenge them, or admit the claim resulting in a CCJ being awarded.

Just to give you some confidence, another member who had a CO placed on her home won her case in court today, having the CO & CCJ removed, it took her 12 months to win her case, which confirms creditors CAN be beaten.

thanks for the worst case thing.

Bearing in mind I am on a very fast learning curve here, the way I feel at the moment is that I agree that I do owe some of the money. However I def think I was miss sold the PPI and feel that the case is strong for that. Cap one were fined for miss selling during the time that mine was bought also I was not in paid employment.

How to proceed?

A day in court...means time off work and travel expenses etc. Could they move it to the court in my home town? What is consumer legislation? I would need a script with everything written down....

I have a couple of days before they need a reply, if I defend and loose whats the worst case ? on the same token if I admit the whole lot whats the worst case?

Ok feeling very sick again now.

On a plus note I heard today that the mortgage company are going to capitalise the arrears on my house.

Oh and DP has still not lost his job.
Shed