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Unenforceability & Template Letters III

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  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    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


    You need to send a pm to 10past6 and ask his advice, he is the expert on the court side of things.... he may be able to help you get the ccj/co set-aside. :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    themaestro wrote: »
    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?

    Forget the reminder - send it to 1st credit yes. do not be intimidated and do not pay!
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • 1st entry ulster bank has the D not the S for satisfied and defaulted balance still showing

    2nd entry c l finance saying the same big D and defaulted balance showing???

    the defaulted date is the same on both entrys??

    thanks
    catherine
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    1st entry ulster bank has the D not the S for satisfied and defaulted balance still showing

    2nd entry c l finance saying the same big D and defaulted balance showing???

    the defaulted date is the same on both entrys??

    thanks
    catherine


    Ok, that is incorrect you need to go direct to the cra's and send this (amend it to suit your needs and explain the fact there are 2 defaults for the same debt)...

    Default Removal Letter to CRA's
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • thank you so much for your help. so what do i about c l finance and ulster bank???
    catherine
  • RobertO_2
    RobertO_2 Posts: 11 Forumite
    edited 13 April 2010 at 9:54PM
    Hi Niddy
    Hope you’re well. I’ve got a few questions which i hope you can help with.

    1. After 14 days have passed since the 3.3 - CCA Query - Copy Document Supplied template has been sent, do i send:
    4. CCA Dispute / s.10 Cease & Desist
    Or do i wait until 30 days have passed in total?


    2. I’ve sent a CCA Request to MBNA on the 8th March and a CCA Reminder on the 23rd March after which they sent a letter acknowledging my request and informed me that they are still looking for it.


    Do i now just wait until the 23rd April and then send:
    4. CCA Dispute / s.10 Cease & Desist

    4. Finally, i received a letter from Sainsbury’s Finance stating that they will not be seeking to enforce the agreement :jwhilst they try to locate the full original agreement. Do i now need to send some sort of letter closing this matter down or does it just sit in limbo for 6 years?

    Thanks in advance Niddy:T. You really do provide some comfort in this stressful situation.:beer:
  • NID sorry for being annoying i dont know how that letter could be changed to suit my situation??? im not good at this at all sorry
    thanks nid for your help:A
    catherine
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    thank you so much for your help. so what do i about c l finance and ulster bank???
    catherine

    ???

    Send the CCA request off...... :o
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    edited 13 April 2010 at 10:13PM
    NID sorry for being annoying i dont know how that letter could be changed to suit my situation??? im not good at this at all sorry
    thanks nid for your help:A
    catherine

    You add a part telling them there are 2 defaults for the same debt...... they then investigate it and tell the lenders to sort it out! :o

    Ok, if you can anyhow post exact details of what shows on your credit file with dates and amounts (nothing personal of course) then i'll do it for you and post the letter here for you to copy... i'll do one for both ulster and cl finance PLUS the one to the CRA's for you - see, aren't I nice!! :o:o:o

    Come back tomorrow and i'll have them on here and PM you the link to get them!¬
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • jen_br
    jen_br Posts: 2,653 Forumite
    Um.... Just a quickie editing this reminder letter... really is that all i need to do after the reminder goes out i dont send anything else?
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