Unenforceability & Template Letters III

never-in-doubt

roadster wrote: »

Similar prob with my CCA to MBNA heard nothing from them at all. Perhaps they dont have any CCA's for anyone at all.

:rotfl::rotfl::rotfl::rotfl::rotfl:

never-in-doubt

Goodtimesahead wrote: »

nid> When you get a moment, can you have a look at this mbna sent a copy of this priority request form and some attached T&C that just looks like standard T&C but don't look like they have come with this priority reqest form, what do you think, enforceable or not? Thanks

http://s769.photobucket.com/albums/xx337/zzm59/?action=view&current=mbna993.jpg

http://s769.photobucket.com/albums/xx337/zzm59/?action=view&current=mbna993.jpg = Unenforceable matey

Send this back to them: CCA Query

never-in-doubt

DoubtingThomas wrote: »

1.Any advice on response to send to FPC, like " can still only offer token payments?"

Sorry mate I don't really deal with offers to pay money to a bank, for agreement and negotiating help i'd be looking to post an SOA over here: Debt-Free Wannabe

DoubtingThomas wrote: »

So far I have ignored them completely, and only dealt with CapOne. They have stopped ringing last few days, and referring back to Cap One, who "may commence with legal proceedings".

Ok, well you owe Crappy1 the money right? So speak to them asap....

DoubtingThomas wrote: »

2. I can continue to pay token payment, which is now late for Feb, so will have to send now.
All I can do is repeat what I have written to them before -- nothing has changed there.

Exactly, they cannot get blood from a stone so best to try that approach and see what they say - the only legal action they could possibly take would be a CCJ...

DoubtingThomas wrote: »

3. If I get a "letter before Action", may I post back to ask for help?

Of course - that won't happen if you speak to them and as I stated above, the worse thing would be a CCJ..... No big deal and certainly nothing to worry about either....

DoubtingThomas wrote: »

My head is fried after this. Haven't got a clue how to deal with it if they start legal action. I can guess their end attempt might be a charging order, but there are other stages first, like CCJ ....... and I will need help.

They won't get anywhere with a CO - as for a CCJ, they can only do this if you stop paying them, if you are making "reasonable" token payments they cannot take action..... Don't worry so much.

never-in-doubt

bubble82 wrote: »

Hi all....I wonder if anyone has any advice. I took out an unsecured 12,000 loan with DirectLine in 2004. It was over 7 years, this being the 6th year. I wrote to them in August last year asking for my monthly payments to be lowered from £195 to £60 due to a paycut at work. They seemed ok with this, but they have defaulted me. I check Experian Credit expert every few months. I had a clear record until this. Since seeing this I have wondered whether the loan is actually enforceable and am I within my rights asking for lower payments? They are saying they will not accept £60 any longer and I have received another pre-default letter. I have written to them using a template letter elsewhere in these forums asking for my original credit agreement, as as I am already defaulted feel there is nothing really to lose. I have only just sent it so will hav to wait for the 14 days to be up. Also has anyone had any dealings with Directline loans, I beleieve they are part of RBS. Also could anyone let me know the likelihood of the remaining debt being written off? I have already paid back approx £13000, the balance remaining is £4500 which is the remaining interest.

Any advice appreciated!

You can only have one default for one debt - so if they try and default you twice then contact the CRA's and both will be removed forever!

regards to the actual balance, if you only owe £4k or whatever why are messing about with this? However if you proceed with a CCA Request nothing much will change, do that and lets see what they have! They are the same as all other lenders - shoddy to say the least! :rotfl: :rotfl:

hulmey14

Hi Guys , need a bit of help

Posted on here a while ago relating to a default issued by Arrow Global some years ago. Found out by applying for a remortgage and got knocked back by bank due to a default on Credit File.

Anyway wrote to Arrow asking for copy default notice as per template letters. They have just sent a letter reply, stating they are not the creditor so they dont have to supply any of the documents I have requested BUT will contact the original creditor and help as much as they can???

If they arent the creditor what right do they have to put a default onto my credit file ??? I spoke to a very decent chap at Arrow Global and explained the situation, he was very helpful but said it could take over a month for them to get hold of this documentation , Id already gave them three weeks from my first request. Now low and behold a letter lands on my doorstep from a company called McKenzie Hall demanding payment of the debt , I phoned them and ended up having to put the phone down before I either dragged the arrogant sod on the other end down the phone line or drove to scotland and shoved a hagis where the sun doesnt shine.

Any advice on my next step would be appreciated.

Wispa1

HI Nid - Hope you are well. Loving the new site!!! :j:j
I have got a really quick question please. I have got an account that I opened when I bought my new sofas where you pay nothing for a year. The agreement was taken out in October 2006 but payments wouldn't start until October 2007. Its been 4 months & the dca still can't find the original cca but would unenforceability come into play for when the account was first opened or when the payments are due? By the way I have got my copy - not my fault they can't find their version...;);)

Wispa1

sorry - forgot to say many thanks in advance

never-in-doubt

hulmey14 wrote: »

Hi Guys , need a bit of help

Posted on here a while ago relating to a default issued by Arrow Global some years ago. Found out by applying for a remortgage and got knocked back by bank due to a default on Credit File.

Anyway wrote to Arrow asking for copy default notice as per template letters. They have just sent a letter reply, stating they are not the creditor so they dont have to supply any of the documents I have requested BUT will contact the original creditor and help as much as they can???

If they arent the creditor what right do they have to put a default onto my credit file ??? I spoke to a very decent chap at Arrow Global and explained the situation, he was very helpful but said it could take over a month for them to get hold of this documentation , Id already gave them three weeks from my first request. Now low and behold a letter lands on my doorstep from a company called McKenzie Hall demanding payment of the debt , I phoned them and ended up having to put the phone down before I either dragged the arrogant sod on the other end down the phone line or drove to scotland and shoved a hagis where the sun doesnt shine.

Any advice on my next step would be appreciated.

Few tips before we go anywhere - why are you ringing anyone? The first rule here is no phone contact - why would you put yourself through such pain and misery - you need to remember you're speaking to monkeys with no brains whom only acknowledge the sign of nuts!

Right, can you rewind right to the beginning and start with the important things - who is the debt with and what is the debt and how much is left and when did you last pay and have you seen your credit files and what do they show and when did you get defaulted and did you get a default notice or assignment notice - - loads of info required please..... then we'll be able to help better

never-in-doubt

Wispa1 wrote: »

HI Nid - Hope you are well. Loving the new site!!! :j:j
I have got a really quick question please. I have got an account that I opened when I bought my new sofas where you pay nothing for a year. The agreement was taken out in October 2006 but payments wouldn't start until October 2007. Its been 4 months & the dca still can't find the original cca but would unenforceability come into play for when the account was first opened or when the payments are due? By the way I have got my copy - not my fault they can't find their version...;);)

It wouldn't matter when it became unenforceable - why do you ask? The 6 years statute runs from date of last payment (in your case the date of agreement) and the default will go after 6 years from default date....

However you'd be sending this after 4 months of waiting! CCA Dispute / s.10 Cease & Desist

Sorry, your question confuses me lol (not hard today - a blonde day!) :rotfl:

Love the last line - classic! You're right, not your fault if they lose paperwork and you do not! Its funny when they don't know you have a copy and then fabricate one - oooer, that makes me laugh!

never-in-doubt

Wispa1 wrote: »

sorry - forgot to say many thanks in advance

You're welcome although i'm still none the wiser to your line of questioning lol - you'd make a great copper! :rotfl: :rotfl: