Unenforceability & Template Letters III

never-in-doubt

trigger1812 wrote: »

sorry also I dont think I could go for ppi as the loan was more than 6 yrs ago thanks

You can still reclaim PPi if it wasd missold... 6 years is the reclaim element but on a missale you'd be looking for adjudication from FSA/FOS - it is worth appealing it, I know what you're saying in that usually you can only go back 6 years but in your case you'd be using misselling act.

Is this the only bad account you have? Does it show as a default on your credit file?

trigger1812

Yes it did show up as a default but has now gone i think due to the fact I defaulted over six years ago, the only thing bad on my credit file now is a debt to transcom which i am paying a full and final settlement of that this week and a previous ccj from next which is paid in full, with the debt to transcom I have been paying it monthly for over a year but cant understand that a default has been place last month on that account but under the name arrow financial yet I been paying it every month, so I will ask if they will remove it before I pay the final amount...am so sorry if I come across all muddled its prob cause I am lol

never-in-doubt

trigger1812 wrote: »

Yes it did show up as a default but has now gone i think due to the fact I defaulted over six years ago, the only thing bad on my credit file now is a debt to transcom which i am paying a full and final settlement of that this week and a previous ccj from next which is paid in full, with the debt to transcom I have been paying it monthly for over a year but cant understand that a default has been place last month on that account but under the name arrow financial yet I been paying it every month, so I will ask if they will remove it before I pay the final amount...am so sorry if I come across all muddled its prob cause I am lol

Nooo - i'm not muddles, its fine. I fully understand.

Why are you paying the debt to transcom? get the agreement..... is it for a credit product or utility?

As for CCJ, PM 10past6 as he may be able to sort that for you if it was incorrectly issued... tell him Niddy sent you and be patient for a reply, he is a bust dude

trigger1812

The debt to Transcom is for an old mobile phone bill of £600 then was I think sold to Transcom.
Link I think bought the loan from Lloydstsb

Lyndzzz

ni nids, just wondered of you had received my emails?? I sent you about 3 i think because of the file sizes.
Thanks now

never-in-doubt

Lyndzzz wrote: »

ni nids, just wondered of you had received my emails?? I sent you about 3 i think because of the file sizes.
Thanks now

Hiya

Just working on it now - stay online for half an hour lol

never-in-doubt

trigger1812 wrote: »

The debt to Transcom is for an old mobile phone bill of £600 then was I think sold to Transcom.
Link I think bought the loan from Lloydstsb

Ok, fair enough - you cannot CCA a utility so carry on with what you suggested but send this template, make an offer - not the full amount (if it is £600, you offer no more than £150)....

Default Removal - Offer of F&F Settlement

You need to delete this paragraph though as the CCA does not come into things with utility companies:

The alternative is for me to place the account formally into dispute and demand s.10 CCA (1974) is brought into play (cease & desist) whilst I reclaim all unlawful charges combined with all costs. I shall then look at the legality of the assignment of debt; the issuance of a default notice and the agreement (prescribed terms) and between them, I'll probably be able to counter sue and litigate over unenforceability.

never-in-doubt

Lyndzzz wrote: »

ni nids, just wondered of you had received my emails?? I sent you about 3 i think because of the file sizes.
Thanks now

Hiya

Lloyds Credit Card = Unenforceable - send this: Debtors Final Response - CCA Received

Lloyds Loan = Enforceable. You need to agree to a repayment plan i'm afraid.

Egg Loan = Questionable. See below.

Can you confirm, was the signature strip signed or sent to you blanked out like my copy is? Is their signature showing in the box above (that I cannot see)? Is there a page anywhere with a tick-in-the-box? Did hubby ever remember signing an agreement or was it done over phone and then the funds released without him having to return a signed agreement - doesn't matter if he did sign or not, I need to know whether the funds were issued after he applied on the phone or whether they were issued after he sent back paperwork?

trigger1812

Hi again.....I only now owe £374. to Transcom and offered £300 final payment they said yes but not confirmed in writing as yet do you think I should offer less and get it in writing or just pay the £300 and be happy with it.
As for the lloydstsb with link where do I stand wth that, no one can give me the original agreement lloyds dont even know who I am and link cant help either? thanks again Penni

never-in-doubt

trigger1812 wrote: »

Hi again.....I only now owe £374. to Transcom and offered £300 final payment they said yes but not confirmed in writing as yet do you think I should offer less and get it in writing or just pay the £300 and be happy with it.
As for the lloydstsb with link where do I stand wth that, no one can give me the original agreement lloyds dont even know who I am and link cant help either? thanks again Penni

You should send this to Link:CCA Dispute / s.10 Cease & Desist

Regards to the F&F Offer, no - offer £150 as I said..... you want them to refuse it, that way you work upward and get the default removed as part of the process.....