Unenforceability & Template Letters III

mojoparrot

never-in-doubt wrote: »

Hiya

Sorry, is your mum these accounts we're working on, or are they your accounts? I'm confused....

Going on above then yea, send this: CCA Query

No didnt send mums, thought I'd sent you enough!:o

If you need to look can do though.

Planty79

Hi

I recently received a letter from Fairfax Solicitors re: a debt to Max Recovery

on calling them I find that it's debt relating to a failed IVA and 6 different original creditors

I have no idea if they're figures are correct

Can I send the CCA letter and do I enclose £6 asking for all the agreements?

And the CCA letter would be sent to Fairfax wouldn't it as from reading it is their responsibility to pass the request onto Max recovery who I assume bought the debt off the original creditors

For info IVA was taken out in 2004 and failed in 2008 due to prolonged unemployment, the debts are now all gone from my equifax credit file so can't check the amounts and I am not sure if anything I paid into my IVA ever got to the creditors!

Thanks in advance

Planty

never-in-doubt

mojoparrot wrote: »

No didnt send mums, thought I'd sent you enough!:o

If you need to look can do though.

Morning,

We've just been emailing so will make this brief and to the point, moreso for the benefit of others on here:

Dorothy Perkins - Enforceable (sorry) - you could try and blag it and see what happens? This is up to you, if they push too hard then we can always back down at a later date but could be worth a punt at blagging it and assuming it is unenforceable - kinda like calling their bluff?

If you want to blag it send this: CCA Query Update me with whatever they respond with.
If you don't, then agree to a repayment plan

Creation FS - Unenforceable :T - Send this back to them: CCA Query

never-in-doubt

Planty79 wrote: »

Hi

I recently received a letter from Fairfax Solicitors re: a debt to Max Recovery

on calling them I find that it's debt relating to a failed IVA and 6 different original creditors

Morning,

Yes send 6 x CCA Requests and 6 x £1 all in separate envelopes to whoever owns the debt. You need your credit files really, then on there you'll see who added the default, you send a CCA Request to each lender.

I'm not so sure that Max Recovery are the assigned creditor for 6 accounts so you need your credit files. Ignore the letter you received for the time being, an IVA (or accountant/debt management company) cannot add a default for several accounts cos of a failed IVA - it would be each creditor that adds one. The Max Recovery letter should be in relation to one of the accounts, not all 6.

Make sense?

1. Get credit files and check who defaulted you
2. Send a CCA request and £1 (by recorded post) to each creditor
3. Let me know what they send back

never-in-doubt

monlou wrote: »

ok cool

Morning,

Barclays (mums account) - Unenforceable :T - send this: CCA Query - Terms & Conditions Supplied

Halifax - Unenforceable :T - send this: CCA Query

MBNA - Enforceable (you done this in Dec 2007 and signed digitally, with the "Tick in a Box" - see note below, from my FAQ, regards to this:

Q. What if the agreement they send me has a 'tick' where my signature should be?
A. For agreements made online after December 2004, the Consumer Credit (Electronic Communications) Order 2004 allows the signature in the signature box to be replaced by a tick box.

Regards to the MBNA account, you could try and blag it and see what happens? This is up to you, if they push too hard then we can always back down at a later date but could be worth a punt at blagging it and assuming it is unenforceable - kinda like calling their bluff?

If you want to blag it send this: CCA Query Update me with whatever they respond with. If you don't, then agree to a repayment plan

never-in-doubt

swanfan02 wrote: »

Hi NID Thought it was.:mad: Will try to blag it & send CCA Query. Never received an NOA from MBNA when they sold account to Varde then appointed Experto as dca. Would this make a difference? Ps lines on form were from me blanking out details.

never-in-doubt wrote: »

Ok mate best of luck......

Thanks for confirming what the lines were, bummer! Well lets wait til they try and seek enforceament at which point the fact process was not followed, means it should be set-aside easily enough....

Just sit tight - do as email said for the moment :beer:

Hiya matey

After checking the agreement, it is indeed enforceable (the PT's are shown down the left, as you correctly pointed out). Now, we can get em for not signing the form, plus it is an application and not clearly set out as a CCA but that is like clutching at very long straws so proceed with the CCA Query and then let me know if, and what, they respond with.....

You can email me direct and just PM me here to tell me to check my emails......

Planty79

never-in-doubt wrote: »

Morning,

Yes send 6 x CCA Requests and 6 x £1 all in separate envelopes to whoever owns the debt. You need your credit files really, then on there you'll see who added the default, you send a CCA Request to each lender.

I'm not so sure that Max Recovery are the assigned creditor for 6 accounts so you need your credit files. Ignore the letter you received for the time being, an IVA (or accountant/debt management company) cannot add a default for several accounts cos of a failed IVA - it would be each creditor that adds one. The Max Recovery letter should be in relation to one of the accounts, not all 6.

Make sense?

1. Get credit files and check who defaulted you
2. Send a CCA request and £1 (by recorded post) to each creditor
3. Let me know what they send back

I'm a bit confused

it's Fairfax who sent a letter threatening legal action

They say they are acting on behalf of Max Recovery

I called Fairfax who said the debt was owed to Max Recovery and was based on 6 accounts that were in my IVA

These accounts defaulted in early 2004, went into the IVA which then failed in 2008

When I called them I said that I thought these accounts may be statute barred as they are no longer on my credit file and I've made no payments since 2003, however I've since learnt this to be wrong as they were in the IVA so statute barring only starts when that failed


Fairfax have since sent me another letter stating the accounts aren't statute barred and I must contact them before 30th April or face legal action

therefore it was my intention to send fairfax the CCA asking about all 6 accounts they say they Max Recovery now own

I don't actually remember who the 6 accounts are with (Fairfax did tell me, but I don't want to call them again) and as they are no longer on my credit file I don't know how to find out (I'm not good at keeping records)

It all seems very complicated now, is it worth sending the one request for CCAs to Fairfax, if only to see what they reply with whilst I do more research?

never-in-doubt

Planty79 wrote: »

therefore it was my intention to send fairfax the CCA asking about all 6 accounts they say they Max Recovery now own

I don't actually remember who the 6 accounts are with (Fairfax did tell me, but I don't want to call them again) and as they are no longer on my credit file I don't know how to find out (I'm not good at keeping records)

It all seems very complicated now, is it worth sending the one request for CCAs to Fairfax, if only to see what they reply with whilst I do more research?

Hiya

Ok, don't take this the wrong way but i've told you once, i'm not going to sit and dispute it with you - the company that you done the IVA with cannot take legal action! ONLY the creditor/legal assignee can!

Also, try not to ring these muppets, they will tell you anything to get you to part with cash!

If the accounts were originally on your credit files, and you ceased making regular payments in 2003 then they may well be gone but you can still be CCJ'd upto 6 years from last payment, so you need to spend time yourself investigating this - forget what threats they have sent you - a DCA (Fairfax/Max) CANNOT default or CCJ you for an IVA! They never bought the debt from the 6 companies did they? No. Well then.

You cannot CCA Fairfax - get that notion out of your head - if you do not understand then ask - don't presume its the right thing when you have one of the so called experts telling you not to!

Its up to you what you do, personally as you state the records are not showing on your credit file i'd be tempted to send this to Fairfax - You know nothing of the Debt / Prove It

They cannot take any action against you and if they try, just let us know and we'll sort it for you!

Planty79

Don't worry won't take anything wrong way, really appreciate the advice! I just get confused easy, off into the loft now to see if I have my old files still, just the threat and tone of the woman I spoke to at fairfax scared me a bit!

never-in-doubt

Planty79 wrote: »

Don't worry won't take anything wrong way, really appreciate the advice! I just get confused easy, off into the loft now to see if I have my old files still, just the threat and tone of the woman I spoke to at fairfax scared me a bit!

Hiya

The idiots at Fairfax are paid to scare you - that's the whole point, I enjoy scaring them in return so seriously don't worry

I'd be safer trusting me over them, ask the guys on here who will vouch for that statement!