Unenforceability & Template Letters III

catherine238

i have been searching this site for ages. your threads have been so much help . i will give you the really short version and any help you can give me will be excellent.

i had three credit agreements on my equifax file that where defaulted in dec 2006

first an index credit card for 600 bought by cabolt they are having difficulty finding my cca. i am currently waiting the 30days from the second letter of your unenforceable template letters. Thank you that thread was great help.

the second and third are the same account first put on by ulster bank same dates as above for 1500 they responded to my first letter asking for account number and sort code which i dont have so i sent a copy of my report with all info on it etc etc but two weeks past i have heard nothing i have sent the second reminder yesterday. what if the still dont respond??

the third one is from c l finance who apparently bought the above debt from ulster bank only found that out today as it is a different outstanding balance £1640 and for a hire purchase that i was investigating as fraud in my name as i have never had a hire purchase agreement ever. how can there be two defaults for the same account how do i get the ulster bank one removed if they have sold the debt on??? why different outstanding balance on same account??
should i now send a cca request to cl finance???

i would gladly pay off for the removal of default i really want to get a mortgage this year. i have not had debt or missed a payment since these.

yours gratefully

catherine

p.s are the cra's really going with european law and only holding debt for 3 years??

in_to_deep

never-in-doubt wrote: »

Hiya

Its a recon that they sent right? Thing is it looks fine, you can try blagging it and ignoring them? But really, you can't do much else.... see what happens? It can't get any worse, if they know it is enforceable cos they have an original then they will threaten ccj - at which point you'd then have to make a payment arrangement...

thanks nid will let you know when i here from them

never-in-doubt

catherine238 wrote: »

first an index credit card for 600 bought by cabolt they are having difficulty finding my cca. i am currently waiting the 30days from the second letter of your unenforceable template letters. Thank you that thread was great help.

Doesn't matter if they find your CCA, the Index card (Littlewoods) does not have anything in the terms to allow them to share data - i'm sick of telling them this! You're dealing with Credit Acct Management/Phoenix Recoveries I presume?

They will not find it, cos they know it's unenforceable so send this and consider this account closed/unenforceable from here-on-in: Debtors Final Response - No CCA Received

catherine238 wrote: »

the second and third are the same account first put on by ulster bank same dates as above for 1500 they responded to my first letter asking for account number and sort code which i dont have so i sent a copy of my report with all info on it etc etc but two weeks past i have heard nothing i have sent the second reminder yesterday. what if the still dont respond??

One default per account. Ulster is Natwest, they are a nightmare at the best of times..... Wait and see what they send back - give them a week or so then come back to me.

catherine238 wrote: »

the third one is from c l finance who apparently bought the above debt from ulster bank only found that out today as it is a different outstanding balance £1640 and for a hire purchase that i was investigating as fraud in my name as i have never had a hire purchase agreement ever.

This confuses me - you need to elabaorate a lot more. Who is investigating, how did you find out? Tell me more - lots more!

catherine238 wrote: »

how can there be two defaults for the same account how do i get the ulster bank one removed if they have sold the debt on??? why different outstanding balance on same account??

There cannot be 2 defaults for one debt but you just said it is 2 accounts and one you don't know about?

catherine238 wrote: »

should i now send a cca request to cl finance???

No you'd be sending this: You know nothing of the Debt / Prove It

catherine238 wrote: »

i would gladly pay off for the removal of default i really want to get a mortgage this year. i have not had debt or missed a payment since these.

NO! Make no offers as yet..... :D

Regards to the CRA's - I am not getting drawn into this right now. It would not affect you anyway, it would be from the future and we will not know until June, but the UK does not have to comply legally until 2011. Its too complex and you're worried for the wrong reasons, concentrate on the defaults first and foremost!

catherine238

c l finance is the same defaulted account as the ulster bank default. c l finance bought the account from ulster bank i think. its just that where it should have said credit card it says hire purchase and was for two different amounts that is why i was investigating it through Equifax until they said it was an account with Natwest so i googled (lol) Natwest in Belfast today it came up ulster bank so im sure it is for the same account? how can the two of them be processing the same default for different amounts?? who should i deal with then would it have to be c l finance?
it was cabolt collection agency that bought the index account they are the ones loading the default do i still send that letter?
thank you so much for your help nid
catherine

themaestro

Hi NID. I CCA'd both Lowell (Cap 1) and 1st Credit (HFC Loan) a month on friday. Lowell hae now sent me 5 letters saying they have requested it from Cap 1 but to no avail...but once they send it pay up basically. 1st Credit on the otherhand have sent me zilch. Your thoughts?

never-in-doubt

catherine238 wrote: »

c l finance is the same defaulted account as the ulster bank default. c l finance bought the account from ulster bank i think. its just that where it should have said credit card it says hire purchase and was for two different amounts that is why i was investigating it through Equifax until they said it was an account with Natwest so i googled (lol) Natwest in Belfast today it came up ulster bank so im sure it is for the same account? how can the two of them be processing the same default for different amounts?? who should i deal with then would it have to be c l finance?
it was cabolt collection agency that bought the index account they are the ones loading the default do i still send that letter?
thank you so much for your help nid
catherine

With your default, you will have 2 entries.

1st entry - Original Creditor (i.e. Ulster Bank) - status should be for settled and balance should be £0

2nd Entry - CL Finance - Status should be [D] for default and balance should be the same as the old balance from the original default (1st entry).

The date of default (on the 2nd entry) should be the same as the date of the original default by Ulster.

That is how they should look - can you confirm it does?

Make sense?

never-in-doubt

themaestro wrote: »

Hi NID. I CCA'd both Lowell (Cap 1) and 1st Credit (HFC Loan) a month on friday. Lowell hae now sent me 5 letters saying they have requested it from Cap 1 but to no avail...but once they send it pay up basically. 1st Credit on the otherhand have sent me zilch. Your thoughts?

Send this to both: CCA Dispute / s.10 Cease & Desist

justanrach

never-in-doubt wrote: »

Hiya

Sorry, i'm lost!

You need to elaborate and elaborate a lot as well lol.

How has a debt just become a ccj - that cannot happen, they MUST have told you? Please go into detail - lots of detail......:D

right....
we have debts to cc's - and struggled to pay. after missing some p'ments, a couple of the debtors took us to court, and had a ccj/charging order on the house.... ( we have been with a dmc since - until we started the ball rolling with the unenforceable route !!)... even tho' it has gone to court, and a judge ruled on the debt, if it is unenforceable, can the debt still be written off ??? the debt is in my name and we're selling the house as we can't afford to live there anymore....
regards
j

justanrach

justanrach wrote: »

right....
we have debts to cc's - and struggled to pay. after missing some p'ments, a couple of the debtors took us to court, and had a ccj/charging order on the house.... ( we have been with a dmc since - until we started the ball rolling with the unenforceable route !!)... even tho' it has gone to court, and a judge ruled on the debt, if it is unenforceable, can the debt still be written off ??? the debt is in my name and we're selling the house as we can't afford to live there anymore....
regards
j

sorry, we knew we were being taken to court.......

themaestro

Do i send that to 1st Credit even though i'm yet to send a reminder? Is it common for DCA's to just not respond?