Unenforceability & Template Letters III

averageguy11

Fair enough matey - I see what you mean, sorry it's been a mad week so far and i'm still a little behind on the up-take :rotfl::rotfl:

I remember you saying now, that you'd been paying some back. Thing is though, why not send a CCA to them all, at the end of the day your credit is ruined for the time being as you say, so why bother with any of them - you may as well CCA each lender and then take it from there.... at least carry on paying via dmp until they send the agreement - no harm really for the sake of £1 and a sheet of paper and postage

But regards to the account you mention, send the reminder letter and see if they respond. I assume you're not paying this debt back right now? If so, now is the time to stop as they are in default of your s.78 request meaning it is currently unenforceable.

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Hey no need to apologise..I can see how busy u r on here..and hey yur helping me! lol

I am sending CAPONE the follow up u suggested (in post today) ..and will stop paying on tht particular account...and will certainly mull over the idea of sending a request on the others...just one thing...one of the debts is not a crdit card one..just a credit facility type thing..its with MS..and they called it a personal reserve..like a 3k facility to draw on when i liked...i'm not sure if that one come sunder the same CCA stuff..thoughts?

never-in-doubt

averageguy11 wrote: »

Hey no need to apologise..I can see how busy u r on here..and hey yur helping me! lol

I am sending CAPONE the follow up u suggested (in post today) ..and will stop paying on tht particular account...and will certainly mull over the idea of sending a request on the others...just one thing...one of the debts is not a crdit card one..just a credit facility type thing..its with MS..and they called it a personal reserve..like a 3k facility to draw on when i liked...i'm not sure if that one come sunder the same CCA stuff..thoughts?

Hiya

To make posts easier to read click the quote button as opposed to the reply button and the original message you're replying to appears

Regards to the above, when you say MS - you mean Microsoft? And did you sign any sort of agreement, if it is credit then you should have signed something?

cejsmith

Sorry email killed, it work fine on my system. Again sorry!!!

Locke

roadster wrote: »

Hi

I know unbelivable 2 letters and a quid. And not forgeting all the support and help from NID. Lets hope they dont produce one in a couple of years :eek:

I think I need to set up a new bank account so I can CCA Halifax!:rotfl:

never-in-doubt

cejsmith wrote: »

Sorry email killed, it work fine on my system. Again sorry!!!

Hi thanks for that matey!

So what has happened? I understand the letter, its their base response but I need to know why and what you sent Experian....

Did you CCA Egg (x2) & HSBC?

never-in-doubt

Locke wrote: »

I think I need to set up a new bank account so I can CCA Halifax!:rotfl:

Do you have a card with them? big balance or small? Any other debts/defaults?

cejsmith

This is the wording I sent, I hope it's not to wrong!!!

Dear Sirs,



I write with reference to an ongoing complaint with HSBC and EGG Bank and their unlawful addition of a default notice against me.

They have not provided my with the documentation that is required to fulfil the requirements stated before, even though I have requested it, in the case of HSBC I have done a SAR and there is not even the required documentation in the pack.

Because of this i'd like you to consider immediate removal of the default whilst this matter is being investigated by the relevant governing bodies, bearing in mind you are classified as the data processor and can be held liable to any libel litigation I may pursue.

Section(s) 87 & 88 of the CCA 1974 are quite clear, I quote:

s.87 - Need for default notice
(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,
(a) to terminate the agreement, or
(b) to demand earlier payment of any sum, or
(c) to recover possession of any goods or land, or
(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or
(e) to enforce any security.
(2) Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective.

(3) The doing of an act by which a floating charge becomes fixed is not enforcement of a security.

(4) Regulations may provide that subsection (1) is not to apply to agreements described by the regulations.
s.88 - Contents and effect of default notice
(1) The default notice must be in the prescribed form and specify
(a) the nature of the alleged breach;
(b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;
(c) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.
(2) A date specified under subsection (1) must not be less than seven days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those seven days have elapsed.
(3) The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes operative only on breach of some other provision, but if the breach of that other provision is not duly remedied or compensation demanded under subsection (1) is not duly paid, or (where no requirement is made under subsection (1)) if the seven days mentioned in subsection (2) have elapsed, the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it.
(4) The default notice must contain information in the prescribed terms about the consequences of failure to comply with it.

(5) A default notice making a requirement under subsection (1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid.
Subsequently, s.87(1) of the CCA1974 clearly states that a default notice must be served before the creditor or owner can become entitled, by reason of any breach by the debtor. As they have failed to, and continually ignore my request to, send a default notice to me then they are in clear breach.

Please ensure immediate removal of this default and speak to HSBC & Egg Bank yourselves and try to obtain a copy of the default notice? As you are aware, if they cannot substantiate the accuracy of the data to you then you have an obligation to act; by removing the incorrect data registered.

I look forward to your response within the next 21 days.

Locke

never-in-doubt wrote: »

Do you have a card with them? big balance or small? Any other debts/defaults?

I've got just under £13k with them on a credit card with an interest rate of 6.9 fo rthe life of balance.

Owe about £37k in total which should take me about 5 years to clear, I haven't got a mortgage so I'm not worried about defaulting but I do live with my parents so I wouldn't want them hassling on the phone all of the time.

cejsmith

never-in-doubt wrote: »

Hi thanks for that matey!

So what has happened? I understand the letter, its their base response but I need to know why and what you sent Experian....

Did you CCA Egg (x2) & HSBC?

Yep CCA then both and it appears that they may all be unenforcable.

never-in-doubt

Hi mate - so that is this letter from page 1: Default Removal Letter to CRA's

But what I mean is why did you send it? Have you sent a CCA request, have you proven that the debt is unenforceable and / or unlawful? You cannot just fire that letter off - that should be sent like 8 months after you started CCA process, once everything else has been sorted and the last thing is the default - without unenforceability then they will not do anything thus I previously asked what you'd done and why you'd done it...?

See what I mean...? So, can you advise have you done a CCA request? If not why? If so what happened?

If you're just trying to get a default wiped cos they never sent the form, forget it - won't happen mate. For that, you need to be reading the thread....

Big difference between what each does mate... Invalid Default Notices - Default Removal

cejsmith wrote: »

Yep CCA then both and it appears that they may all be unenforcable.

Hi mate - you say it appears they may be unenforceable, based on what? i.e. have you had them checked over? Sorry, but you're not helping me much mate lol...... if all you want to do is get the defaults removed then aim for the fact that they are invalid - use this thread here: Invalid Default Notices - Default Removal