Unenforceability & Template Letters III

Locke

elsie52 wrote: »

Hi Niddy,

I know you are away for the weekend and I hope you had a great time. Would you advise what to do next please.

We sent CCA request to Marbles, 19/4/2010. We received a letter back from them today.

"I have enclosed with this letter a copy of your current executed agreement and a signed statement of your account. I have requested a copy of the original signed application form from the relevant department. You will receive this shortly under separate cover."

Attached to this letter is what looks like a new credit card agreement, with our present address on (we didn't live at this address when it was taken out), our credit limit, and account number. nothing else is on, signature. etc. dates. Also enclosed is plain sheet of paper headed, Statement of Account. and our Balance, credit limit, interest rates.

It also goes on to say

By providing you with the documents attached to this letter, we have satisfied our obligation to provide a copy of the executed agreement under Section 78. As such, the agreement you have with us is fully enforceable and we shall continue to treat it such. We will not be entering into any further correspondence with you regarding the requirements relating to the provision of copy agreement.

Now from reading this thread I know that nothing is enforceable until Niddy says so.!!

What do we do next.? Wait.

They sent me the same, your CCA will arrive separately so you've just got to wait a few days.

Locke

amersall wrote: »

to save me trawling through all of this thread, has anybody had a loan or cc deemed unenforcable?

There have been a few letters scanned up from banks who have said they can't find the CCA and won't chase you for the money until they can find it, others have admitted what they have is unenforceable so won't bother.

What you will find a lot of not just from this thread but other forums like the consumer action group is that the banks won't admit it's unenforceable and will chase you for the money still but won't take you to court for it as they know they won't win.

elsie52

Thanks Locke, will wait and see what comes back.

Cheers

carol01

amersall wrote: »

to save me trawling through all of this thread, has anybody had a loan or cc deemed unenforcable?

hiya amersall
i think you should trawl through the thread from the start and see for yourself, then and only then, you will be able to know wether it suits your circumstances. after all n.i.d will help you in the process but you should at least read the first two pages

carol01

davewelch00 wrote: »

I have 3 defaults on my credit report.

1 is an old defaulted account I had with orange from before 2007.

2 is a default from CapQuest they have been trying to chase me up for old bank charges, pre 2007. The total amount of around £200 is made up purley from charges adding up.

3 is a default from Abbey for the same instance as above, pre 2007 also.

I naively made token payments to each account so they will be on my credit report for another 3 years or so.

Am I wasting my time with CCA requests which I am preparing to send next Monday, 26th April?

My aim is to have the debts prooven as unenforceable and have the defaults removed from my credit report.

Please ask if any other info is needed and I will provide honest and accurate answers.

I have read alot of information about process' and procedures, but am ending up more confused than when I started , which is why I am now asking this question.

All help greatly appreciated, keep up the good work!!

hiya
you can't cca a mobile debt,or old bank accounts.
also defaults will not be removed by going down this route, any debts you have, that have not recieved a default, will probally end up with one.
unforceability means the most they can do is give you a default your account, staying on your file for six years.
For £400.00 i would pay them and at least in 3 years time your credit rating will be good again.
If this is the route you want to take please please wait till monday until n.i.d has read and answered your post.
hope this helps

Moobags_2

pebbles88 wrote: »

fyi - i cca'd cap one for an old account, they at first said they couldnt find it (but wasnt really any further on as i had paid it, but my mine reason for asking was for ppi info..... when they said they didnt have it, i left it at that.... 8 months later out of the blue they sent me it! :eek:

im certainly not saying it that will happen with any others, but just be aware. xx

Oh Pebbles thats not what I wanted to hear :eek: but its always best to be prepared so thank you ,I'll let you all know what happens :beer:

davewelch00

jen_br wrote: »

Hi NIDS may correct me but i remember him saying firstly you can't do Mobile phones.

Secondly are you going through this route for 400.00??? Honestly if i were you and your affording the token payments and can do so and its only on your account for 3 more years i would continue on

Im sure nidds would agree that this route is for those in dire needs can't afford and are in a lot more debt then 400.00. The process to remove the defaults can be lengthy and I know nids has told people who have very small debts to not really bother...

again i could be wrong but i hope this helps correct me if its more ALOT more then 400.00 but the wya you made it sound it was 400

I am planning on sending a F&F settlement offer for the old contract phone, in exchange for default removal. They have already told me they are not going to pursue the debt so its up to me if I want to pay it or not, but the F&F will appeal to them.

Regarding the two old bank accounts, I am not bothered about the length of time it may take to have the default status changed.

Thanks for your reply's

amersall

carol01 wrote: »

hiya amersall
i think you should trawl through the thread from the start and see for yourself, then and only then, you will be able to know wether it suits your circumstances. after all n.i.d will help you in the process but you should at least read the first two pages

thanks for that, i have nothing to claim for. i just wondered if anyone had any wins with this. i have read a few threads, but really just wanted to know. N.I.D certainly knows his stuff, glad there are people who will help with things like this. it restores my faith in human nature!!

never-in-doubt

missal wrote: »

Hi,

You last replied to me in post #677

heres a scanned copy of what i received and the quality is like for like to what i received, even the chopped off bits - they are not the scanners fault lol!

Thanks for looking

It is unfortunately, fully enforceable so you need to start to arrange a prepayment plan or blag it - let me know and i'll advise as appropriate....

never-in-doubt

catherine238 wrote: »

hey nid hope your having a wonderful time away just updating you on my cases. Well cabolt have replied to my Debtors Final Response - No CCA Received letter with a standard fob off saying no we can not find the cca as original creditors are having trouble finding it but they will keep asking for it. they have suspended trying to get the money of me untill they can find it. its been 1month since my first cca claim. so they never really confirmed they cant find the cca how do i get to confirm so i can get the default removed. look forward to hearing from you
catherine

still no word from equifax, ulster bank and c l finance about the duplicate de fault i hope no news is good news

Hiya

No the default stays regardless of whether they have an agreement. You don't pay any money, but you get a default.... well done - it is unenforceable, which is the main thing here!