Unenforceability & Template Letters III

lloydjones

never-in-doubt wrote: »

Page 1 - send this! Account sold whilst in Default of CCA Request

Not sure if the account has been sold. Cahoot is part of Abbey who are now owned by Santander. If the account hasn't been 'sold' as such, what do I send them? Cheers.

Planty79

never-in-doubt wrote: »

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!

cheers

after much digging I've found a couple of letters from 2002 and 2003 saying Max Recovery had debts assigned to them from my original creditors

so when I went into the IVA I owed Max Recovery?

the IVA company I used was called Payplan, can't find the letter they sent me after the IVA failed!

Fairfax appear to be acting as DCA for Max Recovery, I have one account number form Max Recovery and one ref from Fairfax, but they did say that it's made up of 6 original debts!

getting more and more complicated

any ideas on how to proceed?

never-in-doubt

Planty79 wrote: »

cheers

after much digging I've found a couple of letters from 2002 and 2003 saying Max Recovery had debts assigned to them from my original creditors

so when I went into the IVA I owed Max Recovery?

the IVA company I used was called Payplan, can't find the letter they sent me after the IVA failed!

Fairfax appear to be acting as DCA for Max Recovery, I have one account number form Max Recovery and one ref from Fairfax, but they did say that it's made up of 6 original debts!

getting more and more complicated

any ideas on how to proceed?

Hiya

Ok so you're saying that the 6 lenders all sold the debts to Max Recovery? If so you need each account number and then you send 1 CCA Request and £1 cheque to each account, in 6 different envelopes - even if they are all for the same company - you need 6 x proof of delivery.

You have to be 100% certain that Max Recovery own all 6 debts, you have to find this out.

Forget PayPlan, they are no longer anything to do with this...... i'd be suggesting you check your credit files, i.e. Experian & Equifax - just to be sure nothing is showing....

Make sense?

never-in-doubt

lloydjones wrote: »

Not sure if the account has been sold. Cahoot is part of Abbey who are now owned by Santander. If the account hasn't been 'sold' as such, what do I send them? Cheers.

It is to be sent to Equidebt - didn't you say they wrote to you? The account is in dispute with Cahoot whatever but you send the template to Equidebt to get rid of them.....

Please don't confuse things lol :o

never-in-doubt

scarednshakin wrote: »

Hi Niddy

Thanks for that, sorry the PM had so many pages

No have not sent out the Final Response, this is the only response I have had to my CCA Query letter of 27 Feb. I take it that BoS claiming this was a current account when I took it out does not change anything? They call it a credit account in all the other letters I have had from them

Hiya matey - don't worry, calm down ;)

Just send the final response, you're doing what's known as "winging it" but lets see what they do.... (not much i'd suspect)

never-in-doubt

10past6 wrote: »

Challenging the CCA at this stage is pointless, you've admitted the debt exists due to your quote in red above.

Thanks for this mate - also, pay attention to the information within my thread here: Bailiffs and Collections :D

never-in-doubt

a-smith wrote: »

For my creditors who have passed the debt to debt collection agents - I send CCA Request + the £1 to the debt collection agents ?

regards A

Yes, you send the request to whoever owns the debt, in the case of a DCA writing you send it to them. If they are not the legal assignees then the following comes into play:

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. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

Make sense? Bascially if the DCA doesn't own the debt, they MUST send it back to the original creditor. :D

never-in-doubt

mk_chatham wrote: »

I've received replies from my CCA requests sent on 4th March. I've sent the links to these in a PM as I was blocked from posting them here.

Marbles - Send this: Debtors Final Response - No CCA Received

Mint - Send this: CCA Query

LloydsTSB - Send this: CCA Query

All the above are unenforceable as things stand, nice one.... :T But they may try and argue, we'll see what happens yea?

never-in-doubt

cejsmith wrote: »

Here is my last card info that I recived, I don't think this one is enforcable. But the letter made my laugh!!!

Hiya - send this: CCA Query

It is 100% unenforceable :T, you should report back when you get a reply (then you send final response)

never-in-doubt

Locke wrote: »

Afternoon NID? Just a quick review of where I am with the Halifax. So what do you think I should do?

Also maybe my memory is failing but a few things don't seem to add up date wise, my time with bank/building society for one.

Hiya matey

sorry for the delay. Ok, that is it - you wanted a final response from them and you now have it - stalemate time :T:T

You win! 100% unenforceable... respond with this: Debtors Final Response - No CCA Received

They have not sent a lawful agreement which contains or links to the prescribed terms and/or restricted terms. The fact you signed and used the account is immaterial, where is the signed form that you agree to be bound by the terms? Ermmm, without this - forget it HBOS :rotfl::rotfl: