Unenforceability & Template Letters III

Utopia

never-in-doubt wrote: »

Hiya Utopia,

The M&S stuff you sent me is 100% UNENFORCEABLE so you do not pay anything to them and you send the following letter back: CC Query

:T:T

Just a quickie please -

So I can defend myself (....in case you vanish into a volcanic cloud while you're away...HeHe) :rotfl:
Is is unenforcable because it's an application form and also that it does not quote a variable agreement?

Have a Fab time off. X

maximoomoo

I think you've been a little harsh on me NID.

The first 2 questions prove I have been doing my reading, I just wanted a bit of reassurance.

3rd comment, OK wrong choice of words on my part, I know they can still harass me but they can't legally do anything via the courts to force payment. I've already been defaulted, so like I said, my main aim is to repair my credit file, not avoid payment. If I prove unenforceability then I may appeal to their sensible side and suggest that in return for me making a F&F payment they remove the default, which would surely work out better for them.

4th comment - I have gone through all of the flowcharts and they are simple to follow, the only part I struggle to understand is how default removal, statute barred and unenforceability all tie in together. Answers to which I could not find when I read through all of the FAQ's and numerous posts.

Thanks

Max

never-in-doubt

maximoomoo wrote: »

I think you've been a little harsh on me NID.

The first 2 questions prove I have been doing my reading, I just wanted a bit of reassurance.

3rd comment, OK wrong choice of words on my part, I know they can still harass me but they can't legally do anything via the courts to force payment. I've already been defaulted, so like I said, my main aim is to repair my credit file, not avoid payment. If I prove unenforceability then I may appeal to their sensible side and suggest that in return for me making a F&F payment they remove the default, which would surely work out better for them.

4th comment - I have gone through all of the flowcharts and they are simple to follow, the only part I struggle to understand is how default removal, statute barred and unenforceability all tie in together. Answers to which I could not find when I read through all of the FAQ's and numerous posts.

Thanks

Max

Hiya

Its really not harsh mate, just a rant - nothing personal. You can imagine the amount of times I go over the same old questions.......

Regards to the default, you've more chance of platting fog - forget credit repair, unenforceability is the last line - not a quick fix. They will not accept any offer unless you wait, and to wait means you need to be in serious arrears, to date out of maybe 200 requests, ive managed to get maybe 10 defaults removed for people. So as you can see, making an offer will achieve nothing.....

YOU can never prove unenforceability, do you want to take them to court and run the risk of £20k + legal bill? Therefore you prove nada - as I say, if you'd been reading mate you'd know all this.

It is for them, the lender, to prove the debt is enforceable - not the other way around. Acceot the default and move on saving yourself a few quid in the process, that is unfortunately what unenforceability is.

There is no negotiating, bottom line is you owe them, you refuse to pay and stick 2 fingers up and say take me to court..... see what I mean? In the nicest possible sense, your priorities are way wrong.

Hope that helps explain things easier to you.

never-in-doubt

Utopia wrote: »

Just a quickie please -

So I can defend myself (....in case you vanish into a volcanic cloud while you're away...HeHe) :rotfl:
Is is unenforcable because it's an application form and also that it does not quote a variable agreement?

Have a Fab time off. X

Hehe am going 200 miles to Scotland lol......

yea, its UE cos it is an application form with no prescribed terms on the signatory page nor are they linked to, on the signatory page.

nanna58

Have a great w end nids.:T:T

you deserve it just dont have a hangover monday:rotfl::rotfl:

love nanna

Rainbow_Liberty

never-in-doubt wrote: »

Hehe am going 200 miles to Scotland lol......

yea, its UE cos it is an application form with no prescribed terms on the signatory page nor are they linked to, on the signatory page.

Have my problems really caused you so much grief that you feel the need to move that far, :rotfl::rotfl::rotfl:Couldn't get any further away from me in the British Isles then if you tried lol, Isle of Wight to Scotland.

Hope you have a fabulous time away from all of our stresses and come back ready to fight again on our behalf. :beer:

never-in-doubt

Rainbow_Liberty wrote: »

Have my problems really caused you so much grief that you feel the need to move that far, :rotfl::rotfl::rotfl:Couldn't get any further away from me in the British Isles then if you tried lol, Isle of Wight to Scotland.

Hope you have a fabulous time away from all of our stresses and come back ready to fight again on our behalf. :beer:

Noooo - it wasn't you (honest guv) haha

I didn't know you lived in IoW? Thats not the details on the CCA's I seen :rotfl: :rotfl: - or is that where you're going at the weekend?

Hope you have a good time as well, but sadly I will "lurk" with the iPhone and will no doubt PM any serious worriers - like last time and the time before that! hahaha

Rainbow_Liberty

never-in-doubt wrote: »

I didn't know you lived in IoW? Thats not the details on the CCA's I seen :rotfl: :rotfl: - or is that where you're going at the weekend?

lol you said the other night that I didn't actually come from too far away from you, M62 Leeds/Liverpool

We are away from Fri visiting friends in Gloucester on our way down to the IOW - SUN/NOTW £9.50 holiday at Thorness Bay, never been there before. We will be there Mon-Fri but then obviously travelling back on a Bank Holiday weekend so visiting more friends on route back......

never-in-doubt

Rainbow_Liberty wrote: »

lol you said the other night that I didn't actually come from too far away from you, M62 Leeds/Liverpool

We are away from Fri visiting friends in Gloucester on our way down to the IOW - SUN/NOTW £9.50 holiday at Thorness Bay, never been there before. We will be there Mon-Fri but then obviously travelling back on a Bank Holiday weekend so visiting more friends on route back......

Yea that's right, well i'm actually inthe middle of Leeds/Selby/York so the M62/A1 is like 1m from where I live!........ So whilst i'm headed norf, your headed souf :rotfl::D

Well they do say opposites attract (like a magnet) :rotfl: :rotfl:

Have a great time, that's mad getting a £9.50 holiday - what a bargain! Shame you'd have had to buy that garbage paper though, to get it :eek:

pebbles88

have a fab break Niddy, god knows its well deserved!! take care :-)