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Unenforceability & Template Letters III

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  • sophieschoice
    sophieschoice Posts: 903 Forumite
    Would someone kindly tell me how I proceed with the following please?
    I have been helping a friend who took out a loan many years ago. The loan company went bust and they were taken over by (I think) HSBC. The matter was eventually passed to a company who chased them for payment. The believe the loan amount was originally for £500 but the last statement they had was for over £7000. They've been paying what they can for years so I advised them to send the template letters in order.
    Last week they had a letter saying the company were unable to locate the original document and they need not make further payments unless the document came to light and, if this happens, they will have fourteen days to pay the £7000.
    Now, during a telephone conversation with this company, one of their employees said it was for a credit card. These people have never had a credit card and the time they said it was taken out was 12 months AFTER they left the address it was supposedly taken out at.
    Sorry for the sketchy details but is there anything they can do to claim the money they've already paid out because the company cannot/don't have the original document?
  • handyman123_2
    handyman123_2 Posts: 2,029 Forumite
    Back to page 1 where you belong! you naughty little thread:D.
    Mother Nature Don't Draw Straight lines, We are Broken Moulds in Life's Grand Design, We look a Mess but we're doing fine,
    Life Long Card Carrying Member Of the Union of Different Kinds.
  • sophieschoice
    sophieschoice Posts: 903 Forumite
    Back to page 1 where you belong! you naughty little thread:D.

    What is this supposed to mean?
  • carol01
    carol01 Posts: 568 Forumite
    edited 2 May 2010 at 10:56PM
    What is this supposed to mean?
    hiya sophie
    handyman is making sure this thread stays near the top on the first page so everyone can see it so if someone needs help this is where they can come about cca .
    i am sure n.i.d will be along soon to help you out hope this helps:)
    always smile no matter how broken you are.
  • sophieschoice
    sophieschoice Posts: 903 Forumite
    Ah, thank you for that!
    I thought he was referring ME back to page 1 because I've been through it all twice and am still not much the wiser.
  • carol01
    carol01 Posts: 568 Forumite
    Ah, thank you for that!
    I thought he was referring ME back to page 1 because I've been through it all twice and am still not much the wiser.
    ha ha :rotfl: no he means the thead as i say n.i.d will answer you when he comes online so dont worry too much
    always smile no matter how broken you are.
  • sophieschoice
    sophieschoice Posts: 903 Forumite
    Cheers!
    I've advised them to send the 'Final Response' letter then send another letter when the document doesn't turn up (as it won't) in an effort to claim back the money already paid.
  • carol01
    carol01 Posts: 568 Forumite
    Cheers!
    I've advised them to send the 'Final Response' letter then send another letter when the document doesn't turn up (as it won't) in an effort to claim back the money already paid.
    hiya
    i dont think you can claim for money already paid not 100% sure, but before you send your letter it maybe best to seek advice from n.i.d as you have to send letters in a certain order for them to take you serious,then they know they are dealing with someone who knows what they are talking about
    always smile no matter how broken you are.
  • sophieschoice
    sophieschoice Posts: 903 Forumite
    That's outrageous!
    They cannot provide any proof whatsoever as to the original debt, have said it was for a credit card at a different address and have hounded them with letters and phone calls at all times of the day and night and there is no redress!
    Unbelievable isn't it?

    BTW, I advised them to send the template letters in the right order which they did but I was astounded at the most recent reply saying they don't have any paperwork at all.
  • handyman123_2
    handyman123_2 Posts: 2,029 Forumite
    carol01 wrote: »
    ha ha :rotfl: no he means the thead as i say n.i.d will answer you when he comes online so dont worry too much

    Hi sophies choice, sorry you thought I was directing you back to page 1, I just like to help keep threads like this near the front to make it easyer for people who might be new or inexperianced to find it. (like I was a month ago).

    niddy will be able to help I am shure when he gets back, (I hear the beer in secretly secluded is as good as ever :beer:).
    Your friends wouldnt be the first to be bamboozled and threatened by a DCA into paying a debt that was made up or wholly incorect.
    As to reclaiming payments I am shure that you will find someone here that can advise. I think however they can stop worrying about making any further payments.

    I will keep watching to see how this progresses.
    Best wishes,handyman123.
    Mother Nature Don't Draw Straight lines, We are Broken Moulds in Life's Grand Design, We look a Mess but we're doing fine,
    Life Long Card Carrying Member Of the Union of Different Kinds.
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