Unenforceability & Template Letters III

never-in-doubt

ELMA97 wrote: »

hiya
ok thanks for your help. nope, havent been paying for a few months now.:)

Lol, I mean forget the interest that is being added cos you will never be paying it will you? lol, I know you've not been paying into the account haha :rotfl:

Rainbow_Liberty

Yes NID, really sorry I messed it up and confused everything

burton_trade_kitchens

Thanks NID
Off 2 bed now... It's far too late to be up !!!!!
The cockrell will be sounding in a few hours.....
Thanks again for all your advise mate...

never-in-doubt

Rainbow_Liberty wrote: »

NID sorry reply has taken so long as explained in PM changed it now thankfully so feel much happier posting details.

Hiya - thanks - this makes it easier already (to understand)....

Rainbow_Liberty wrote: »

When I initally posted you asked if all of my accounts were over 8 years old - I've been going back through my paperwork (what I can find of it) to look for dates but everything is well over 8 years old. Don't know if there was any PPI or not on any of them but doubt it would help now anyway.

Ok, not a problem. First thing is first - are any of the account secured debt or are they all unsecured debts? Have you seen your credit file recently, ideally Equifax and Experian?

Rainbow_Liberty wrote: »

Barclays Masterloan £10,000 taken out 21 December 2000 APR 14.9% payments should have been £285.20 per month but by June 2001 I'd had to reduce payments to £40 and by August 2002 I was paying £1 to each of my debts. Balance outstanding £15,636.40.

Send this, to BarclaysLoan: CCA Request
- with a £1 fee, recorded mail (orange sticker) & continue with the £1 payment for now.

Rainbow_Liberty wrote: »

Don't remember when I took the Barclaycards Visa & Mastercard but had them in the early 1990's as used to use them when I lived abroad. Debt has been moved to different collectors - Now Mercers.

See below -

Mastercard - Again paying £1 per month since August 2002. Balance outstanding £3,888.04.

Send this, to Mercers: CCA Request
- with a £1 fee, recorded mail (orange sticker) & continue with the £1 payment for now.

Visa - Again paying £1 per month since August 2002 by standing order. Balance outstanding £2,941.35.

Send this, to Mercers: CCA Request
- with a £1 fee, recorded mail (orange sticker) & continue with the £1 payment for now.

Rainbow_Liberty wrote: »

Egg Card - Don't remember when taken out but have default letter back to November 2001, they have moved this debt around to a number of different agencies - Moorcroft Debt Recovery Limited - Pre-court Division, Credit Solutions, back to Moorcroft Debt Recovery Limited - Pre-court Division, Moorcroft Debt Recovery Limited - Home Collections Division, Moorcroft Debt Recovery Limited - Pre-court Division, Westcot Credit Services Ltd. Last letter I had was dated 27/09/05 with outstanding balance £4140.50. Again paying £1 per month since August 2002 by standing order.

Send this, to whoever last wrote to you: CCA Request
- with a £1 fee, recorded mail (orange sticker) & continue with the £1 payment for now.

Rainbow_Liberty wrote: »

Egg Loan - Taken as a consolidation loan November 2001 and has again been paying £1 per month since August 2002 by standing order even though this also has been changed companies from Collect Direct (UK) Debt Recovery Specialists, Trevor Munn LLB Solicitors, ARC (Europe) Ltd Credit Management. Outstanding Balance £8,969.87 (5th October 2009)

Send this, to whoever last wrote to you: CCA Request
- with a £1 fee, recorded mail (orange sticker) & continue with the £1 payment for now.

Rainbow_Liberty wrote: »

Classic World of Fitness - this wasn't a loan or card, this was a direct debit for gym membership. This has also been passed a number of times from Classic World of Fitness to Consumer Collection Limited, Robinson - Way & Company Limited. Outstanding balance £194.88

Did you sign a credit agreement? Regardless, I cannot help much with this - however luckily it is the smallest account so when we're saving you the £30 a month on other payments, pay this off quicker if you can - or just stop paying - not much they can do really.

Rainbow_Liberty wrote: »

Robinson Way are the only ones so far to have replied to my request for the CCA (as I previously posted) and I have today sent them the letter you very kindly wrote for me and I have cancelled the standing order to them. Will let you know when they reply.

That is not in relation to any of the accounts listed above it is? Now i'm confused.... what account is it for? Have you sent a CCA request to all the above firms? If so when?

Rainbow_Liberty wrote: »

Since having been in hospital I have incurred nearly £5,000 in bank charges - I hadn't realised it was so much and I have now written to each bank concerned - unfortunately I didn't realise they should have been recorded so if I don't hear within a month I will send the first letter again but record it.

Have you gone to the reclaiming boards for details? Also, don't worry about this right now cos when we get the account made unenforceable, you won't pay anything so interest payments mean nothing really. In order to claim your PPI and/or charges you need to send a SAR which costs £10 to each lender. This is expensive, only chase repayments of charges if you fail with unenforceability, right now its a waste of time doing that.

Rainbow_Liberty wrote: »

Today I had my first letter back regarding charges that were on my First Direct credit card (this had been paid off when I cashed policies in) I had asked for £82 plus interest and they have agreed to repay £104.17 which will now go into one of my other First Direct bank accounts towards the overdraft I have with them.

Yea cos charges get offset against the debt, usually.

Rainbow_Liberty wrote: »

I would really love to one day be able to wake up and have this sorted once and for all - even if it means me having to go bankrupt to do it.

Bankruptcy will not happen here, worry not Niddy is on the case now

Rainbow_Liberty

Rainbow_Liberty wrote: »

Yes NID, really sorry I messed it up and confused everything

Dont know how to link to my original post #1472

never-in-doubt

Rainbow_Liberty wrote: »

Yes NID, really sorry I messed it up and confused everything

Hiya

Ok, see above - need you to confirm a few points for me, otherwise the instructions and what to do are above. However, continue with the £1 payments until further notice - we don't want to upset them for them to then hit you with enforceable debts and refuse any offer.....

Make sense so far?

Rainbow_Liberty wrote: »

Dont know how to link to my original post #1472

No need - I understand what is going on, I just need you to clarify for me....

Linky here: #1472

My reply: #1475

Rainbow_Liberty

never-in-doubt wrote: »

Hiya - thanks - this makes it easier already (to understand)....
Glad you managed to decipher it after all


Ok, not a problem. First thing is first - are any of the account secured debt or are they all unsecured debts? Have you seen your credit file recently, ideally Equifax and Experian?
None of my debts are secured, originally I think they may have been but I no longer own my home or have any assets. Haven't owned it now for 5 years through fear of losing it. Didn't make any money on it as sold to a friend who lets me continue living rent free.


Send this, to BarclaysLoan: CCA Request
- with a £1 fee, recorded mail (orange sticker) & continue with the £1 payment for now.
I sent the CCA request to Barclays dated 25th March didnt record it unfortunately but did include the £1 cheque. Don't yet know if cheque has been cashed yet.


See below -

Mastercard - Again paying £1 per month since August 2002. Balance outstanding £3,888.04.

Send this, to Mercers: CCA Request
- with a £1 fee, recorded mail (orange sticker) & continue with the £1 payment for now.
I sent the CCA request to Barclays dated 25th March didnt record it unfortunately but did include the £1 cheque. Don't yet know if cheque has been cashed yet.

Visa - Again paying £1 per month since August 2002 by standing order. Balance outstanding £2,941.35.

Send this, to Mercers: CCA Request
- with a £1 fee, recorded mail (orange sticker) & continue with the £1 payment for now.
I sent the CCA request to Barclays dated 25th March didnt record it unfortunately but did include the £1 cheque. Don't yet know if cheque has been cashed yet.


Send this, to whoever last wrote to you: CCA Request
- with a £1 fee, recorded mail (orange sticker) & continue with the £1 payment for now.
I sent the CCA request to Egg dated 25th March didnt record it unfortunately but did include the £1 cheque. Don't yet know if cheque has been cashed yet.


Send this, to whoever last wrote to you: CCA Request
- with a £1 fee, recorded mail (orange sticker) & continue with the £1 payment for now.
I sent the CCA request to Egg dated 25th March didnt record it unfortunately but did include the £1 cheque. Don't yet know if cheque has been cashed yet.


Did you sign a credit agreement? Regardless, I cannot help much with this - however luckily it is the smallest account so when we're saving you the £30 a month on other payments, pay this off quicker if you can - or just stop paying - not much they can do really.
The last thing I had from them was a flyer with a chick on it saying "Let's get your debt cracked! and Get 50% off your balance" I haven't done anything about this though as it is the smallest and I'd feel awful giving preference to them when bigger companies are owed a great deal more.


That is not in relation to any of the accounts listed above it is? Now i'm confused.... what account is it for? Have you sent a CCA request to all the above firms? If so when?

Robinson Way has taken over the Classic World of Fitness debt they are both the same thing. All CCA requests were sent the same day, dated 25th March but unfortunately I didn't record any of them, but did send cheques for £1 with each one.

Have you gone to the reclaiming boards for details? Also, don't worry about this right now cos when we get the account made unenforceable, you won't pay anything so interest payments mean nothing really. In order to claim your PPI and/or charges you need to send a SAR which costs £10 to each lender. This is expensive, only chase repayments of charges if you fail with unenforceability, right now its a waste of time doing that.

OK, I've sent the same letter to each bank, they are different and from the loans they were bank accounts and I've started tackling them separately, couldn't post too much info earlier cause of the hiccup I PM you about. Sorted now that now though

Yea cos charges get offset against the debt, usually.



Bankruptcy will not happen here, worry not Niddy is on the case now

You are amazing Niddy, much better than any sleeping tablet I could possibly take for calming me down.

Rainbow_Liberty

never-in-doubt wrote: »

Hiya

Ok, see above - need you to confirm a few points for me, otherwise the instructions and what to do are above. However, continue with the £1 payments until further notice - we don't want to upset them for them to then hit you with enforceable debts and refuse any offer.....

Make sense so far?
All £1 payments are standing orders so I can't miss them, I've cancelled the 11p as per your instruction.


No need - I understand what is going on, I just need you to clarify for me....

Linky here: #1472 Yes

My reply: #1475

Yes

Glad you know how to work these boards, took me ages to try to find my original post

Rainbow_Liberty

What should I be looking for on my credit file. I'm registered with Checkmyfile if you want me to check anything out

never-in-doubt

Rainbow_Liberty wrote: »

You are amazing Niddy, much better than any sleeping tablet I could possibly take for calming me down.

Hiya

Lol, thanks

Ok, so you're on track here the only thing is you cannot CCA overdrafts or gym memberships so wait and see if and what they respond with. Regards to the others, great - you're on track.

Can you confirm, are you paying the £1 nominal sums monthly yourself, via DD/SO or through a DMP?

You sent the CCA's on 25th March, they are already defaulted now. However, as you never sent recorded you have no proof if they were sent or received. They will realise this and bin them - learning curve point 1 - send everything recorded, I mean everything from now on in ok? Whatever you send to these scum, you must send it recorded.

So, give them til the end of April then contact me - but suffice to say you will have to cease repayments this month, after you have paid April then that is it - no more.

Still happy? Trust me?