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Unenforceability & Template Letters III

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Comments

  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    edited 28 April 2010 at 12:27PM
    Wispa1 wrote: »
    Hi NID,

    Hope you are well. Sorry to be pain but I was just wondering whether you had had a chance to look at my Lloyds CCA yet that I emailed you?

    With many thanks once again :D

    Hiya sorry - yes it is unenforceable - all you should do is send this off: CCA Query
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    :jThankyou for replying to my ask for help, I know you are very busy. Its just brilliant to have help like this when you are faced with a tough time (and divorce) , so nice to see there are knights in shining armour. I will send the reply as suggested and let you know how I get on.

    Hiya

    Best of luck - if you get stuck or hassle then let me know and we'll sort it for you :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Wispa1
    Wispa1 Posts: 76 Forumite
    Hiya sorry - yes it is unenforceable - all you should do is send this off: CCA Query

    Hi Nid - thank you once again. I am so grateful for all your help. That card was for £16500!!! :j:j :T:T
  • The defaults will stay, unfortunately - basically you get out of paying the debt back - in excahmge for the default...... sorry... :(



    Mobile phones are exempt from CCA1974 so cannot send a CCA in - you need to try and haggle for F&F settlement - use this version template here: Default Removal - Offer of F&F Settlement



    Try the same letter above, with this one.



    Same advice.

    Basically overdrafts and mobiles are exempt from CCA so forget CCAing them, you need to haggle with them.... don't hold your breath though, they will make it hard for you....:(



    They remain for 6 years from date of default.....



    Yep - they will not respond, as they do not have to - legally or otherwise....



    Best of luck, i'd not hold your breath though...... defaults will have to be negotiated with any payment offer you make... can be done, but is hard!

    Best of luck - by the way, have linked to your thread as well: My First CCA Request

    Just a thought, rather than sending F&F settlement offers to each creditor, should I first send all creditors a Request Copy Of Default Notice. I genuinely don't recall and am 90% sure I did not receive notices of default from all 3 creditors and I am very positive that if I had have received default notices I would have taken appropriate actions.

    Is sending these requests going to renew the date of default?

    Thanks all.
  • Wicca303
    Wicca303 Posts: 73 Forumite
    Hiya Nid,

    sorry to be a pain but I've sent you another email. Having issues with Egg.

    Thanks.
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Just a thought, rather than sending F&F settlement offers to each creditor, should I first send all creditors a Request Copy Of Default Notice. I genuinely don't recall and am 90% sure I did not receive notices of default from all 3 creditors and I am very positive that if I had have received default notices I would have taken appropriate actions.

    Is sending these requests going to renew the date of default?

    Thanks all.

    Hiya

    No the proof of default notice (and all other templates on this thread) are for regulated CCA agreements - NOT utilities. Therefore follow the advice given in last reply....

    The defaults will stay - end of. However if you haggle properly then they will remove it in exchange for the payment.... You have no rights to demand default removal, especially as mobile phone contracts are nothing to with with the CCA1974. :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Locke
    Locke Posts: 485 Forumite
    Can someone tell me who the in house DCA's are for HBOS, cap one and barclaycard?

    Even better if anyone has been chased up by one of these who could tell me what number they use to ring you.

    :)
  • jen_br
    jen_br Posts: 2,653 Forumite
    NID

    Sent you email earlier :)
  • Hi NID,

    Sorry I know you're very busy but have you had a chance to look at the e-mails re LTSB I sent you yesteday? Sorry for being impatient!!
    I must stop procrastinating, I must stop procrastinating! promise I'll stop tomorrow OK:D


    NSD AUGUST 6/8 :j
  • in_to_deep
    in_to_deep Posts: 48 Forumite
    Locke wrote: »
    Can someone tell me who the in house DCA's are for HBOS, cap one and barclaycard?

    Even better if anyone has been chased up by one of these who could tell me what number they use to ring you.

    :)
    hbos blair oliver & scott cap 1 is capquest barclay are credit solutions & calder financial as for numbers go to a site called[ who calls me ] and it will tell you :rotfl:
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