Unenforceability & Template Letters III

Welsh_Money_Saver

Hi

I don't know if you can help or not, my husband and I are on a DMP with CCCS and have quite a lot of debt and I have just referred any letters we get from creditors to them without really checking them thoroughly first to see if they are legitmate. Having had yet another one today from Capquest for a small debt but one I know I've paid I'm wondering if I should check into the old ones to make sure they are all legit. Can I ask for the CCA on all of them even though we are in DMP? Would they become unenforceable if some of the creditors cannot produce the CCA even though CCS are paying them every month? I have managed to get one written off already as they took us to court and couldn't prove we owed the money (which we didn't as it happens) but that was for a leased vehicle (long story) and CCS did start paying them when we first went with them as they told me to tell them everything we were being chased for, once I realised this one was wrong I suspended payments and waited for the court case.

Any help much appreciated.

Thank you

Locke

Kimbohuddy wrote: »

I was then asked by someone in that thread - "Slightly confused here, at the beginning of the post you state you have a credit card and loan with HBoS, you write off asking for copies of your agreements. You have been paying credit card monthly payments and then state that you don't acknowledge the debt.

If you don't acknowledge the debt then why have you been making payments. Alternatively is this another attempt to avoid paying back any of the companies money you have used purely on a technicality."

my response which i hope explains things "
I have been making payments so that I don't affect my credit rating.

The original request for copies was after my seperation with my ex, I had no copies of these agreements and debts against my name. I needed these in order to ensure that I was paying for something i should be paying for.

However after not receiving a copy for the credit card I was advised by a friend it was unenforceable. I then went through the process of sending the template letters and am now in this position.

The loan CCA was issued after a request on the phone I got nothing from credit card company after request on the phone and it was about 2 months later i send the first letter with £1 postal order."

Regards,

K

You don't have to justify to anyone on here why you want to make in unenforceable so don't think you do, I'll leave NID to deal with the rest but just to warn you that your credit rating will be hit as they can still default your account, you've also got no chance of getting anything back from them that you've already paid.

scarednshakin

never-in-doubt wrote: »

It must cost us, the taxpayer a lot for HBOS' wastage! lol

Yep, leave well alone mate - let it become SB'd.... unless they write to you in which case, well, come see me

Thanks for that, have a great weekend and no doubt will be back in touch soon.

Don't work too hard

Locke

BeenieCat wrote: »

Locke i've had Barclaycard too, and the answer machine picks it up halfway through the automated message, very annoying. And the man's voice is highly irritating. Also sounds a little like he wants to slice off my face.

I would be slightly more sympathetic if they had someone making the calls but just having an automated message ring people every few hours is about as harassing as it could get.

Kimbohuddy

Locke wrote: »

You don't have to justify to anyone on here why you want to make in unenforceable so don't think you do, I'll leave NID to deal with the rest but just to warn you that your credit rating will be hit as they can still default your account, you've also got no chance of getting anything back from them that you've already paid.

Hi, I look forward to hearing any guidance from NID - they seem to be the oracle on here for this kind of info.

and thank you for not judging.

I dont mind if i dont get anything back, just the position i've been left in after the seperation if I can sort out the debts it would be good! give me some breathing space.

Thanks again though

K

never-in-doubt

Kimbohuddy wrote: »

Hi, I started a new thread and was then told to post here.... please see below..

Hiya

War & Peace is found over on the reading and things to do boards.... :rotfl:

Sorry, but when you type so much (unformatted) its almost impossible to read. What I have managed to gleam though, suggests you think you can follow this process and walk away scott free? uh, uh! Sorry.

That is not the case. please start again and try and use bullet points, what is the problem and what help do you need? Honestly, this is a last resort and nothing is ever wiped or written off, it is always there and your credit rating is ruined and you WILL be legally liable to repay the debt if they can enforce it.

You seem to miss these key things in your post! Are you sure you know what you're up against here and also, why did you say you're not bothered about getting your payments back - what payments, exactly?

This process isn't a charges refund thread! You need to actually stop copying/pasting and spend some time reading then all your questions will be answered - rea dpages 1 & 2 and come back if you need specific help. Sorry, you seem to be a don't want to pay'er and these cases do not interest me on this thread. A can't pay'er, is a different kettle of fish altogether.......

never-in-doubt

Welsh_Money_Saver wrote: »

Hi

I don't know if you can help or not, my husband and I are on a DMP with CCCS and have quite a lot of debt and I have just referred any letters we get from creditors to them without really checking them thoroughly first to see if they are legitmate. Having had yet another one today from Capquest for a small debt but one I know I've paid I'm wondering if I should check into the old ones to make sure they are all legit. Can I ask for the CCA on all of them even though we are in DMP? Would they become unenforceable if some of the creditors cannot produce the CCA even though CCS are paying them every month? I have managed to get one written off already as they took us to court and couldn't prove we owed the money (which we didn't as it happens) but that was for a leased vehicle (long story) and CCS did start paying them when we first went with them as they told me to tell them everything we were being chased for, once I realised this one was wrong I suspended payments and waited for the court case.

Any help much appreciated.

Thank you

You'd be best starting from scratch and send the CCA request off to each creditor, do not mention this to CCCS as yet as they do not entertqain unenforceability.

When you get a response back then you will have to cease repayments etc - are you sure this is what you want? You will be (if not already) defaulted...?

Send the CCA's off and post back when you start to get replies and i'll see what I can do for you - keep it mum from CCCS for the moment though!

never-in-doubt

Locke wrote: »

You don't have to justify to anyone on here why you want to make in unenforceable so don't think you do, I'll leave NID to deal with the rest but just to warn you that your credit rating will be hit as they can still default your account, you've also got no chance of getting anything back from them that you've already paid.

Yea mate - sorry but i'm quite selective who I actually help you know! I maybe don't show it (but will do now, cos I am extremely busy) but blatant abuse doesn't interest me at all.

Maybe i'm wrong but when the first post includes quotes that make me angry the hackles are up immediately.

If I was the OP i'd delete that last message and start again with their own questions, I don't want to read some muppets ethical point of views - whyever would you quote them in your message? Please get rid of that and start again, if you need help!

never-in-doubt

BeenieCat wrote: »

it's blocked 93 :eek: of their calls since 12th April :eek:. I'm gonna have to ring Virgin and change my number, it's doing my head in now.

edit - and a nice letter from the litigation dept threatening legal action etc. Morons :mad:

Hi Beenie,

Send this back to them - that'll stop the calls a bit:

OFFICIAL COMPLAINT UNDER THE CONSUMER CREDIT ACT 1974 / 2006

WARNING - IMPENDING CRIMINAL PROSECUTION

Dear Sirs,

Account No: XXXXXXXX

I have on numerous occasions, informed your company that I am unwilling to communicate by phone and also notified you that all phone numbers listed are to be removed from my personal details.

I have also asked that all correspondence should be in writing only for which, under OFT Guidance on Debt Collection, you are to obey any such reasonable request. I have previously sent you an official warning by way of a 'Harassment by Telephone' letter, which also demanded that you cease ringing me with continual unwarranted and illegal harassment.

I have received no less than 93 (yes that is correct, 7 shy of one hundred calls in a 5 day period which equates to an average of 19 calls a day) calls from the period 12 April 2010 to 17 April 2010, utterly ridiculous and definitely harassment in the tallest order. The frequency of calls received from your organisation have been recorded for independent adjudication and I hereby place you under notice that if I receive any further calls from your organisation on any telephone number you have listed against me, I will take immediate legal action against you. Similarly; if you continue harassing me via intimidating phone calls, I may without further notice ask the court for permission to bring a private criminal prosecution against the directors of your firm.

I hereby formally place you under notice, s.7 DPA(1998), thus you must immediately and without delay update your records to reflect my request to remove all telephone numbers listed notwithstanding the major fact that I do consider your actions to be a significant breach of the law.

I reserve the right to seek an injunction against your organisation should the phone calls continue at the same frequency and I similarly reserve the right to bring a formal complaint against you to OFCOM, the Police, The FOS, the FSA and the OFT along with any other relevant regulatory Bodies. Further, please note that this letter constitutes a formal complaint and, should I not receive a satisfactory response to this complaint within 7 working days from the date of this letter, I will seek adjudication from the regulatory organisations noted above.

Yours faithfully




Sign digitally

10past6

Locke wrote: »

I would be slightly more sympathetic if they had someone making the calls but just having an automated message ring people every few hours is about as harassing as it could get.

I doubt anyone posts here for sympathy, however, my understanding about these automated calls is, they ask you to confirm your name, once you've done that, you're then transferred to one of the “Muppet's”

If the automated call does not make contact with a "Human" voice, it's programmed to call again, thus constant unwarranted calls.

Please be a little more considerate towards other's remember, when people are under stress, the slightest issue can tip them over, be it a phone call / letter, etc., etc.,