Unenforceability & Template Letters III

evilcartman

Niddy, I've had a "reply" from Egg to my Final Response letter despite me warning them that "any threats will be averred and unlawful and vexatious with a counter-claim forthcoming".

It's basically the same old blahblah, with them just repeating their same old claim that they have "provided all documentation required by law" (a lie) and that they "do not consider there to be a genuine dispute as to the enforceability of the agreement".

They repeat their threat of reporting any default to "the credit bureau" and "contact from our Collections Department" if payments are stopped (the direct debit minimum payment has continued to be paid up until now for reasons stated earlier).

I can't see how this letter alters anything at all but I thought I'd better run it past you anyway, just in case.

Rainbow_Liberty

Hope you had a great weekend away. I do apologise that you are coming back to my problems but I'm not sure if things are now better than we first thought or worse.....

On Thursday I received copies of my Experian and Equifax reports (still waiting Call Credit's).

Re: Equifax they have got me listed as owning the property but I sold it in May 2005 but rent it back as such I have no financial interest in it.

Also it has me financially linked to an ex-boyfriend with whom I separated in August 2001

I have written to Equifax and the Land Registry to have these details hopefully amended.

The Experian file doesn't appear to have any discrepancies like that.


Now Im totally confused and muddled though.

According to both reports that I have received so far there is showing the Barclays Masterloan with an amount still owing of £15,634 as being Defaulted on 04/05/05. But all the other debts I have i.e. Robinson Way, Egg Card, Egg Loan, Barclays Mastercard and Barclays Visa card are not showing up at all on either of the files.

I know that I have been paying back token payments of £1 per month for about the last eight years (I gave you all the details in a previous post) which after your instruction I have now cancelled. It's my assumption that they must have defaulted around the time that the repayments got reduced but does the fact I have ceased paying the £1 mean that they can default me again.

I have absolutely no idea what all this means now or the implications of them not showing on my credit file but me having asked for the CCA's from each of the organisations.

I still haven't had replies regarding the CCA's from anyone other than the Egg Card (which I PM'd you).

What do I do now?

trigger1812

Hi there above, Nids is away if your read a few posts up, post back on monday x

Rainbow_Liberty

trigger1812 wrote: »

Hi there above, Nids is away if your read a few posts up, post back on monday x

Thanks trigger1812, I know Niddy is away for the weekend, I've been corresponding with him all week, he has asked I send any updates to him though and as I myself am going away tomorrow for 10 days. So needed to send it to him now before I go away and Niddy will have the time before I return to have a think about it.

chipsmum

Hi Niddy

When you get back from your well deserved break, I would really appreciate your advice. I have a (very) large amount of unsecured debt owed to eight creditors and I can no longer to meet even the minimum payments. My husband has become unemployed and although I have a pretty well paid job, my company has frozen pay for two years and stopped annual bonuses so I have been existing by borrowing from one cc, to pay another. I am now at the end of the road with everything maxed out.
I was just about to dive into a DAS which would last around 10 years depending on whether my circumstances improve but I have just spent the last three hours reading Mouseann's thread where you seem to have ridden in to the rescue like a Knight on a white charger.
I have read a fair bit of this thread but still have a ton of questions so apologies if you have answered these many times over.

1. Roughly what % of agreements are Unenforceable ?
2. Are there certain lenders where the success rate is higher than others ?
3. If I tried for uneforceability and didn't win many cases, could I still enter into a DAS or would any successes with resulting defaults be frowned upon ?
4. One of my loans is with the same company that I have my mortgage with. Could trying for unenforceability on my unsecured loan impact my mortgage ?

Sorry for all the questions but you have done such a great job looking after Mouseann that I have to ask in case this could be my saviour too.:A

never-in-doubt

I'm on train So basic reply - ignore em. Same rule applies, it is unenforceable

evilcartman wrote: »

Niddy, I've had a "reply" from Egg to my Final Response letter despite me warning them that "any threats will be averred and unlawful and vexatious with a counter-claim forthcoming".

It's basically the same old blahblah, with them just repeating their same old claim that they have "provided all documentation required by law" (a lie) and that they "do not consider there to be a genuine dispute as to the enforceability of the agreement".

They repeat their threat of reporting any default to "the credit bureau" and "contact from our Collections Department" if payments are stopped (the direct debit minimum payment has continued to be paid up until now for reasons stated earlier).

I can't see how this letter alters anything at all but I thought I'd better run it past you anyway, just in case.

never-in-doubt

Hiya don't worry. Forget comparing lenders, means nothing. Send a cca request to each creditor then post back when u have replies. The mortgage doesn't matter. Send the request then post back yea? Sorry for brief reply, on train!!

chipsmum wrote: »

Hi Niddy

When you get back from your well deserved break, I would really appreciate your advice. I have a (very) large amount of unsecured debt owed to eight creditors and I can no longer to meet even the minimum payments. My husband has become unemployed and although I have a pretty well paid job, my company has frozen pay for two years and stopped annual bonuses so I have been existing by borrowing from one cc, to pay another. I am now at the end of the road with everything maxed out.
I was just about to dive into a DAS which would last around 10 years depending on whether my circumstances improve but I have just spent the last three hours reading Mouseann's thread where you seem to have ridden in to the rescue like a Knight on a white charger.
I have read a fair bit of this thread but still have a ton of questions so apologies if you have answered these many times over.

1. Roughly what % of agreements are Unenforceable ?
2. Are there certain lenders where the success rate is higher than others ?
3. If I tried for uneforceability and didn't win many cases, could I still enter into a DAS or would any successes with resulting defaults be frowned upon ?
4. One of my loans is with the same company that I have my mortgage with. Could trying for unenforceability on my unsecured loan impact my mortgage ?

Sorry for all the questions but you have done such a great job looking after Mouseann that I have to ask in case this could be my saviour too.:A

never-in-doubt

Rainbow_Liberty wrote: »

Thanks trigger1812, I know Niddy is away for the weekend, I've been corresponding with him all week, he has asked I send any updates to him though and as I myself am going away tomorrow for 10 days. So needed to send it to him now before I go away and Niddy will have the time before I return to have a think about it.

Hiya

don't worry do nothing!! Your credit file means nothing right now!!

Go enjoy ur break, chill out yea? Chat when u get back

elsie52

Take your own advice Niddy....chill out, enjoy your rest.....turn that lappy off.!!

Wispa1

never-in-doubt wrote: »

Don't worry about this too much right now, send the following off to them and forget it until the court case in (June)... Debtors Final Response - CCA Received

Will do - thanks


Can you email me a copy, you have my email right? I am only here tonight though so do it soon or it'll have to wait til Monday

No probs - I will have to do it on Monday - I am a bit of a bimbo when it comes to IT so will have to get hubby to scan & email to you. Thanks

Well just wait and see what happens......
Will do - thanks :T
As things stand all 3 are unenforceable, you're not paying are you
NO WAY!!!!! :rotfl::rotfl::rotfl:

Have a good break - forget about us & enjoy yourself!!!!:D:D