Unenforceability & Template Letters III

monlou

Hiya

The letter from Moorcroft says the following
'' Further to your recent correspondence, i write to confirm we are no longer dealing on the above account. Please forward all further queries and payments direct to client''

Do i just leave it? i have sent all the relevant letters to Moorcroft was wondering if i had to write to Freemans regarding closure of account.

never-in-doubt wrote: »

Hiya

Nope - you ignore it, they will never "close" the account. You have put the request to them, they have to either deal with it or pass it to the original creditor (OC), if they have just sent the request back to you then they have defaulted on behalf of the OC and so they can take no action.

Just leave it and post again if they or the OC write again...

never-in-doubt

monlou wrote: »

Hiya

The letter from Moorcroft says the following
'' Further to your recent correspondence, i write to confirm we are no longer dealing on the above account. Please forward all further queries and payments direct to client''

Do i just leave it? i have sent all the relevant letters to Moorcroft was wondering if i had to write to Freemans regarding closure of account.

Hiya

I explained above - they have to send it to freemans, NOT you! Also there will never be account closure - have you read my previous reply?

On your original letter there was a part like this which explains the law to them, as such you wait for them or Freeman to write to you!:

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

monlou

ok Thanks:)

never-in-doubt wrote: »

Hiya

I explained above - they have to send it to freemans, NOT you! Also there will never be account closure - have you read my previous reply?

On your original letter there was a part like this which explains the law to them, as such you wait for them or Freeman to write to you!:

jenjakalf

never-in-doubt wrote: »

Start reading at page 1 and all the answers you seek are there! Dec 09 was nothing significant, it was a court case, explained in detail on page 1.

If I were you, do not do this for a family friend unless you know the score inside out, you'll not only lose but trash their credit file and could also cause more damage than good.

Ask them to join here and i'll gladly help out if necessary - you cannot just take something like on, unless you know what you're doing - trust me on that one! The lenders are getting wise and making letters a whole lot more serious!

I cannot assist, knowing it is not yours as i'd hate to ruin someone financially or risk mis-advice being passed on, sorry. If they join i'm more than happy to help directly.

The reason I am helping is the ppl in question are in thier late fifties and have no idea how to switch a laptop on never mind surf the net..... the reason i want to check if the debt in enforcable is to ensure that they pay whatever they can afford whilst remaining in their home with no threat of CO

never-in-doubt

jenjakalf wrote: »

The reason I am helping is the ppl in question are in thier late fifties and have no idea how to switch a laptop on never mind surf the net..... the reason i want to check if the debt in enforcable is to ensure that they pay whatever they can afford whilst remaining in their home with no threat of CO

Then in the nicest possible way can I suggest you speak to a registered charity such as Payplan, CCCS etc - I cannot risk the third party involvement especially as you say, they own their home and run the risk of a CO. Unless I am speaking directly to them i'd never get the answers I needed.

Why not read pages 1 & 2 fully, with all the letters and FAQ and see if you can cope, it is hard work but to be fair i'd only check the agreement for you, I wouldn't like to get too involved (nor should you really) cos if a CO is obtained, then they are in the !!!!!! and will need to prepare a defence etc or attend court - is this something you've explained to them? is it your parents out of interest?

Oh, there are several pensioners on here, maybe it'd be easier teaching them to turn a laptop on than me teaching you the CCA process

Utopia

Utopia wrote: »

Hi everyone,

Just to up date you on 2 replies I have had today.

# 1444

1. LTSB: Having sent them the Debtors Final Response - CCA Received, they have now sent a letter acknowledging my complaint and that they will respond to me within 28 days.

I will just wait and see what happens next.

2. Marks & Spencers: Via DHL delivery! they have sent me a letter enclosing

a) a copy of my application/agreement form (From when it was a storecard in 1998)
signed by myself however completed by the person in store.
b) a copy of the T&C when the account was opened. (Storecard)
c) Details of my last statement balance :eek:
d) Copy of the current T&Cs. (Credit card)

The storecard was upgraded by them to a mastercard in October 2003. Should they have sent another agreement issued for that with the T&Cs?
I also don't see on the application/agreement if there are any direct links to the prescribed T&Cs just that if I sign it I will be legally bound by it's terms?

The 3rd CCA request I had sent off was for Sears and they have not sent anything yet therefore I have sent the CCA Reminder as the 12+2 days have passed.

Nid would it be possible to look at the Marks + Spencers form to see if it is enforcable please? Not too savvy on the photobucket upload- is it easier to send it to you by email?

Thanks so much for your helpful Thread and support. You're an angel in disguise :A

Tarra for now.
(workin nightshift for the next 3 so will log in later )

XX

Hiya Nid,

Are you a night-owl tonight too?
Just wondered if you had seen my message above. Sorry I couldn't do links - it told me I couldn't do this as I was new.:(

If you have time could you advise me what to do next with Marks.

Thanks, XX

Rainbow_Liberty

Hi NIDDY, hopefully I have actually managed to send the Egg paperwork to you via imageshack, if it hasn't worked could you please send me your email address as I'm obviously not doing something properly.

I still haven't heard from the other CCA requests (sent 25th March) and having checked my bank account online the cheques haven't been cashed for them either.

We are going away on Friday to visit relatives and will be away for 10 days. I will be taking my laptop but will not be able to print anything should I need to. As Friday is 23rd if I still haven't had a reply to the initial request do you think I should send the second letter before going away or leave it till my return - after the Bank Holiday.

Sorry Im such a stress head.

never-in-doubt

Rainbow_Liberty wrote: »

Hi NIDDY, hopefully I have actually managed to send the Egg paperwork to you via imageshack, if it hasn't worked could you please send me your email address as I'm obviously not doing something properly.

I still haven't heard from the other CCA requests (sent 25th March) and having checked my bank account online the cheques haven't been cashed for them either.

We are going away on Friday to visit relatives and will be away for 10 days. I will be taking my laptop but will not be able to print anything should I need to. As Friday is 23rd if I still haven't had a reply to the initial request do you think I should send the second letter before going away or leave it till my return - after the Bank Holiday.

Sorry Im such a stress head.

Hiya

Ive replied to your PM regards to Egg - send the CCA Query letter, it is currently unenforceable anyway. However don't worry about anything, stay away from here til you get back - nothing is that urgent ok?

Give them longer, don't send a reminder - no need. Just see what is waiting for you when you get back, if nothing then send the reminder as by that point they'll be well and truly in default of your s.78 request.

have a good trip and stop stressing ok!.

Rainbow_Liberty

never-in-doubt wrote: »

Hiya

Ive replied to your PM regards to Egg - send the CCA Query letter, it is currently unenforceable anyway. However don't worry about anything, stay away from here til you get back - nothing is that urgent ok?

Give them longer, don't send a reminder - no need. Just see what is waiting for you when you get back, if nothing then send the reminder as by that point they'll be well and truly in default of your s.78 request.

have a good trip and stop stressing ok!.

OK I'm going to take your advice - as always but I had planned to take my laptop with me so I could keep upto date but that's just decided it for me - its staying at home........ I'm going to forget everything and relax Thanks again Niddy

never-in-doubt

Rainbow_Liberty wrote: »

OK I'm going to take your advice - as always but I had planned to take my laptop with me so I could keep upto date but that's just decided it for me - its staying at home........ I'm going to forget everything and relax Thanks again Niddy

Good on you, go for it - enjoy your break yea and we'll catch up when you're back