Unenforceability & Template Letters III

in_to_deep

never-in-doubt wrote: »

Give me a rundown on what has happened please, or link me back to the original posts - ive seen too many since and cannot remember the history (sorreee)

hi nid
post 137 the 2 you looked at were cap 1 & mbna cca recieved unenforceable the other 3 no cca ever recieved so i sent off cca despute/s10 cease & desist that was there reply from the e mail i sent you
thank you

Spacehopper_3

never-in-doubt wrote: »

Hiya

Yep - they know the rules and they have now broken them and left the account unenforceable until they rectify their default of s.78 request - the rules are quoted below:



As such, you now send this, to the DCA:

Hi, Hope you are OK. Sent final response dated 31.3.10. I have not received a response (as expected) from collect direct, but out of the blue received a statement from Egg, dated 6.4.10 with outstanding balance and payments made, but only to September 2009. In October last year I received a similar statement but the outstanding balance was zero (this also had the payment records (exactly the same as the current statement). I had been paying nominal fee upto last month.

Is this just a coincidence, or maybe Collect Direct sent the account back to Egg. Not sure if I should provide Egg with all the correspondence sent to Collect Direct. You may say just leave it, but would appreciate your comments.

All the best

BigCraigJohn

Hi NID
Had my Default notice from Capital 1 this morning which I guess is progress, gives 28 days to pay the arrears so I think this is fine date and amount wise. Not sure if theres anything else on there I should look for?. Am I right in thinking they will terminate the account after the deadline on the default?

However no response to the t&c letter which was sent 5 weeks ago.
As they say no news is good news.

Rainbow_Liberty

Rainbow_Liberty wrote: »

I will get those posted out tomorrow - by the way I pay for Checkmyfile as a direct debit but don't know how to cancel it

Letters & cheques ready to post today for all credit agencies

Cancellation letter ready to post for checkmyfile.com

Checked my bank account that I sent the cheques regarding CCA's from so far 2 of the £1 cheques have been cashed. Should I only cancel the standing order for these two or for all five.

BeenieCat

Capquest are hounding me via phone... Not answering though, have caller display.

But is it normal for them to go in steaming after a CCA request? They sent me T&C's and i only posted the letter (template 3.2) back to them the other day.

Should i be sending the telephone harrassment letter?

never-in-doubt

BeenieCat wrote: »

Should i be sending the telephone harrassment letter?

Hiya

No - you do not send it yet, wait a week or so.... let them deal with one formal complaint at a time

* They struggle to do this properly, let alone giving them more to contend with :rotfl:

never-in-doubt

Rainbow_Liberty wrote: »

Checked my bank account that I sent the cheques regarding CCA's from so far 2 of the £1 cheques have been cashed. Should I only cancel the standing order for these two or for all five.

You cancel all repayments, you will not be paying them again. However, continue with the 11p gym payments for the time being...

never-in-doubt

BigCraigJohn wrote: »

Hi NID
Had my Default notice from Capital 1 this morning which I guess is progress, gives 28 days to pay the arrears so I think this is fine date and amount wise. Not sure if theres anything else on there I should look for?. Am I right in thinking they will terminate the account after the deadline on the default?

However no response to the t&c letter which was sent 5 weeks ago.
As they say no news is good news.

Hiya

Yep - you knew the DN would be forthcoming, it is all they can do - just sit tight and do nothing at this stage, its a tradeoff - no debt for a default.

The account will be terminated, yes. But that doesn't matter here or there....

never-in-doubt

Spacehopper wrote: »

Is this just a coincidence, or maybe Collect Direct sent the account back to Egg. Not sure if I should provide Egg with all the correspondence sent to Collect Direct. You may say just leave it, but would appreciate your comments.

All the best

You just leave things - basically the account will have to be returned to the lender, but that doesn't concern you in the slightest...

never-in-doubt

in_to_deep wrote: »

hi nid
post 137 the 2 you looked at were cap 1 & mbna cca recieved unenforceable the other 3 no cca ever recieved so i sent off cca despute/s10 cease & desist that was there reply from the e mail i sent you
thank you

Hiya

So i'd never previously seen the HSBC agreement, that what you're saying right? Please stick to each account, so when I ask for a rundown, you'd be saying "ive never mentioned this one before Niddy" - not linking me to mbna cos mbna has nothing todo with hsbc...

So can you tell me have I dealt with the hsbc one before? yes/No? I think not, and therefore say it is unenforceable - unless i'd previously seen something to make me say otherwise.....