Unenforceability & Template Letters III

Spacehopper_3

Hi,

Hope you are well.

Collect Direct (Egg), continually refused to progress the CCA and said I had to contact Egg. I went through the stages and sent the Debtors Final response on the 31st March. Collect Direct have again replied with send it to Egg 'inline with our clients instructions'. They have also returned the original postal order. Do I just ignore it, as I have already told them I will not correspond, unless they send the agreement?

Thanks.

never-in-doubt

Spacehopper wrote: »

Hi,

Hope you are well.

Collect Direct (Egg), continually refused to progress the CCA and said I had to contact Egg. I went through the stages and sent the Debtors Final response on the 31st March. Collect Direct have again replied with send it to Egg 'inline with our clients instructions'. They have also returned the original postal order. Do I just ignore it, as I have already told them I will not correspond, unless they send the agreement?

Thanks.

wrong thread maybe?

Just post it to egg or reiterate the following, in your reply to them (collect direct)

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).

Spacehopper_3

never-in-doubt wrote: »

wrong thread maybe?

Just post it to egg or reiterate the following, in your reply to them (collect direct)

Please see your post #1243, assisiting me. Why should I send to Egg.

Thanks

never-in-doubt

Spacehopper wrote: »

Please see your post #1243, assisiting me. Why should I send to Egg.

Thanks

I know but things are going nowhere fast really, so why not just back down - or ignore them and let them be in default. So long as you keep your letters etc then you're in the right anyways.....

Sorry about "wrong thread" comment, lol, it was early and I wasn't thinking straight :eek:

Spacehopper_3

never-in-doubt wrote: »

I know but things are going nowhere fast really, so why not just back down - or ignore them and let them be in default. So long as you keep your letters etc then you're in the right anyways.....

Sorry about "wrong thread" comment, lol, it was early and I wasn't thinking straight :eek:

Thats fine, thanks. I know it was early.

All the best.

wish_i_had_a_time_machine

never-in-doubt wrote: »

Hiya - reply here: #6

Regards DN, why do you want one? It doesn't mean anything, other than your credit file will be knackered for the next 6 years - have you thought about the consequences for one debt or do you have others?

If you can afford to pay this, I would - none moreso than the fact it is, technically, enforceable anyways

Thanks
Regarding the DN i just thought they wasn't allowed to request the full amount until they had issued one
I have 40k total debt and cannot afford to pay it
Credit file is well knackered anyways

Slickfm

never-in-doubt wrote: »

Hiya

A lender/creditor cannot take any action whilst the account is in dispute/cca request pending so send them asap...... you'll get defaults soon enough, wouldn't worry too much about that to be honest!

Hi Niddy, I have just emailed you my egg agreement, still no word from Cap One yet (CCA request sent 19th April).

I will get CCA requests off to the other creditors tomorrow, as per your advice and let's see what comes back. Looks like i'll have to get used to filing paper work correctly from now on!!

Thanks NID:)

padmay

Hi NID
i'm worried sick and would appreciate some advice.
Frederick international are on my case for an old orange account from 2004.
The debt is for 1088 and i have no way of paying this back at present. i am a single parent with two children and my rent is 750 per month and i work full time already. The bill was run up by me ex husband before i left the abusive relationship i was in (I'm great now, apart from debt!)

i was paying arrow global for this unril i couldnt afford any more payments, last payment dec 09. now this new company have all my details and the mail i have recieved from them is worrying. the last letter says they will charge me 300 if i dont pay now. 87 interest to them, the rest in solicitor and court fees.

Do i sent them a prove it letter and also query the interest? does anthing change after 6 years on a mobile phone dect?
thanks in advance.
:-)

never-in-doubt

wish_i_had_a_time_machine wrote: »

Thanks
Regarding the DN i just thought they wasn't allowed to request the full amount until they had issued one
I have 40k total debt and cannot afford to pay it
Credit file is well knackered anyways

They can request full repayment whenever they like, doesn't mean you have to pay it! If you can't they will issue a default, that's all really.

Don't worry too much about the impending DN - worry more about what the CCA's will say when you get them

never-in-doubt

Slickfm wrote: »

Hi Niddy, I have just emailed you my egg agreement, still no word from Cap One yet (CCA request sent 19th April).

I will get CCA requests off to the other creditors tomorrow, as per your advice and let's see what comes back. Looks like i'll have to get used to filing paper work correctly from now on!!

Thanks NID:)

Hiya

The egg one is enforceable, its too new and does contain all the PT's on the linked terms, signed by both. You may be better trying to reclaim PPi (as you never really wanted it anyway did you) - this will reduce the debt total somewhat - see here for details: http://www.moneysavingexpert.com/reclaim/

Sorreeee