Unenforceability & Template Letters III

never-in-doubt

mk1golf wrote: »

Hi Niddy, remember me? I'm the one with the mother in law with £13000 of debt on her Lloyds Tsb Mastercard.
Last time we spoke, Lloyds had received your Final Response letter and replied that maybe we should contact FOS, well we did what you said and sat back

Today, they have sent her a Default notice and to correct this she must pay £738.53 by 4th May 2010, otherwise they may take further action set out below........

What will we do if you do not correct your breach?

We will refer your account to our solicitors and we will claim what you owe us through the courts. This will involve you in additional costs which we will add to what you owe us.

We're quite happy to carry on sitting back and waiting, just checking in to see if that's the right thing to do.

Thanking you in advance :D:T

Yes it is a default notice, i.e. notice of intended action - don;t worry, that is all they can do - they cannot obtain judgement (ccj) on an unenforceable debt, the default is normal as I told you back on day one. Bear in mind the amount to rectify, is the arrears - not the actual balance.

Just sit back and let me know if they attempt to send court papers and we'll have it thrown right back out the door! :rotfl:

never-in-doubt

jadex wrote: »

same story here - just my is Duet version
completely illegible A3 sheet + almost blank form taken straight out from the printer

Yours looks decent mate, I understand your PM but can you confirm the same questions i've asked mojo above, i.e. is the original signed and linked to terms? Can I see the original illegible copy? PM me a link if you can please, or add to your existing photobucket album...

How though is your siggy in the recon copy they sent? Did THEY cut and paste it in?

never-in-doubt

mojoparrot wrote: »

Hey NID just going through my files and more info on Adams/Creation CCA:D:D

The case had been sent onto a colicitors firm Drydens for non payment. Drydens told me they were taking me to court to get a CCJ on the debt and not to worry. They said i wouldnt have to even go to court (like I wouldnt want to be there- not likely!).
I sent for the CCA from drydens who sent an illegible copy (the same as the recent one only smaller). I sent out to drydens the illegible copy letter and it seems that drydens have passed the case back to creation as the info that I got today shows the same illegible copy but it has come from Creation now.
Could it be possible that the solicitor have given the case back to the lender as they know that the CCA is not enforceable?
:T:T

Don't worry about their silly threat, they cannot obtain any judgement - lol, idiots! Yea they have returned it to creation - however see above response with what to do now..... :D

jadex

mojoparrot wrote: »

Duuhh:o
Just realised why creation sent me an A3 copy. Its because I told them it was illegible.
They think blowing the agreement up from A4 to A3 makes it better!
Its illegible coz its been copied a million times not because my eyesight is bad!:mad:

I think it is illegible not because it has been copied million times, but because it has been faxed over back and forth between shop and them.

never-in-doubt

jadex wrote: »

I think it is illegible not because it has been copied million times, but because it has been faxed over back and forth between shop and them.

Does it have your signature etc? :o

mojoparrot

never-in-doubt wrote: »

Ok, you already have my email address...



Hmmmm :o:o



Ok, so the recon they sent was unsigned yes? Was the illegible copy signed? Signed by you, more than anything? Also, is there anything on the original that links to separate terms?



I don't need to see them, just confirm the points above before we look at scanning cos I don't think it is enforceable but I need to know if the illegible copy WAS the one you originally completed and whether it is signed and links to terms...



You cannot utilise s.127 on past 07 agreements. Basically they can enforce the debt in court, so you can blag it and send off the templates but you'll look an idiot cos they know they enforce it. I'd suggest, being you;re already defaulted, that you simply send the following back, in the hope they only hassle you with the odd letter - its a case of sitting it out really. If they threaten a ccj and issue papers, then let us know and we'll stop it happening, but you will have to agree to repayments if they do this.

Send this for now, and try your luck: Debtors Final Response - CCA Received



As above, send same template and try your luck

yes the original app/agreement was signed by me but I cant make out the print so not sure if there is a link to terms.. Dont think there is -
I'll try to squint at if see if that makes it better:D

Thankyou for the advice its very much appreciated:T:T:T

mojoparrot

jadex wrote: »

I think it is illegible not because it has been copied million times, but because it has been faxed over back and forth between shop and them.

yes exactly! :mad:
In this case bigger is never going to be better!:D

evilcartman

Niddy, I've served my final response by special delivery.

I'm moving house in a month's time and, since I have stated that I do not want any further correspondence from them other than to say they will close the account and no further action will be taken, am I under any obligation to inform them of my new address?

I'm wondering if it may be in my interests to let them know anyway, in case they are a bit slow in sending out their letter closing the account or in case they issue a default notice in the future.

I haven't actually stopped payments yet, I kept them going while I was trying to establish unenforceability even though I can ill afford the payments. But once I've moved, I intend to stop the direct debit immediately.

never-in-doubt

evilcartman wrote: »

Niddy, I've served my final response by special delivery.

I'm moving house in a month's time and, since I have stated that I do not want any further correspondence from them other than to say they will close the account and no further action will be taken, am I under any obligation to inform them of my new address?

I'm wondering if it may be in my interests to let them know anyway, in case they are a bit slow in sending out their letter closing the account or in case they issue a default notice in the future.

I haven't actually stopped payments yet, I kept them going while I was trying to establish unenforceability even though I can ill afford the payments. But once I've moved, I intend to stop the direct debit immediately.

!!!!!!? Why pay for an UE debt? :o:o:o

Do the obvious mate, set up mail divert with royal mail and then do not give out your new address to the DCA...

http://www.royalmail.com/portal/rm/product1?catId=400040&mediaId=600008

jadex

never-in-doubt wrote: »

Yours looks decent mate, I understand your PM but can you confirm the same questions i've asked mojo above, i.e. is the original signed and linked to terms? Can I see the original illegible copy? PM me a link if you can please, or add to your existing photobucket album...

How though is your siggy in the recon copy they sent? Did THEY cut and paste it in?

their is my signature (or something similar to) on illegible copy
there is no link to T&Cs
they have not copied my siggy on the recon copy, I've only marked on it the boxes which are filled in on illegible copy, but they are not filled in on a recon copy (bar my name and address)
what I have PMd you is a reckon copy showing small print and the boxes which are filled in on illegible original
(hope I am not talking rubbish here )