Unenforceability & Template Letters III

NittyGritty

BeenieCat wrote: »

I wish mine would go into hiding :rotfl:

Weirdo automated Barclaycard axe-murderer-voice is currently taking up about 100 spaces on my home voicemail LOL. I'm just about to print off another letter re. the harrassment.

I haven't made a payment for over a year though and i've only just started this process, so it's not new for me LOL.

hi beenie, i,m also with barclaycard, when exactly did you stop payments to pay ur credit card was it before or after you sent CCA template off, or did you stop once you recieved the letter back from them

also when you did stop i assume you got lots of calls etc, did any baliffs or debt collectors ever call at your home in person

also one more thing do you still recieve statements through your door showing increased late payments added to your amount or have they stopped now? or in the case of paperless statements does your online show the amount u owe (if any) is still growing with intrest

thanks in advance

Utopia

Maz1964, elsie52, mojoparrot,

What can I say..... you guys comments were really comforting. Thanks. Every word struck a chord and all of this compassion, including the invaluable and unselfish guidance Nid provides is what gives me the courage to believe I can do this. It's online therapy!
Hummmmmm.....:laugh:

Normally I follow the posts of who has the same cards as mine to try and get a picture of what lies ahead, which helps me to prepare and yes I do panic at times but I try and look at the bigger picture and accept that at least now I'm dealing with it no matter what the outcome.

You guys are all Wonderful don't let anyone tell you different...especially Trolls :mad:

Much love :smileyhea XXX

BeenieCat

NittyGritty wrote: »

hi beenie, i,m also with barclaycard, when exactly did you stop payments to pay ur credit card was it before or after you sent CCA template off, or did you stop once you recieved the letter back from them

also when you did stop i assume you got lots of calls etc, did any baliffs or debt collectors ever call at your home in person

also one more thing do you still recieve statements through your door showing increased late payments added to your amount or have they stopped now? or in the case of paperless statements does your online show the amount u owe (if any) is still growing with intrest

thanks in advance

Hiya, i stopped payments last May, i was on a DMP and stopped making payments to CCCS, and i didn't discover this thread and send off the CCA request until March this year! They still haven't sent me the CCA btw, they sent me a blank copy the other day and a letter saying it will follow.

I stupidly had a Barclays bank account until March, so they have offset a few payments from my account but i opened a Natwest now and they've cranked up the phone calls big time

I've never ever had a doorstep collector at my door from them or any of my other current creditors, although i've been threatened with hundreds, and threatened with court proceedings etc but nothings ever come of it. I think i had ONE man call round from Studio catalogue about 6 years ago and i just said "i dunno, never heard of her?" and that was that.

I still receive a paper statement every month with various late payment fees and interest added on, i don't bother opening them half the time i just file them in the bin. :whistle:

thereislight

Hi

I have been reading the forum for a couple of months now and would like some help with the following please

I have been on a dmp with cccs since late 2006 with debts over 50000 and 3 and bit years there is finally light at the end of the tunnel.

Received three defaults in 2006 and before I found this forum offered F&F to DCA and they accepted but cant get default removed now, however I have two others and I sent of SAR advanced version as I have no idea what the current balance is. Received response back and they enclosed copies of last six year statements but no copy of DN and one come back copy of original contract/application form but no 'terms and conditions/notice of variations as these fall outside the definition of personal data' but it does contain my signature.

Other SAR advanced version came back also six years of statements but again no DN and they also include they are unable to obtain a copy of the orginal application form.

What I am wondering do I send CCA request + proof of default or do I go straight away for Default removal - offer F&F settlement in exchange of fees to be reclaimed and also no orginal application form.

I did receive orginal DN in 2006 and I have kept them if that helps

Any help would be great and please be kind first post

Thanks for reading

never-in-doubt

BorassicLint wrote: »

Hi Aimslee,,

Think I've read on here somewhere that mobile phone contracts are not covered by the CCA but I'm sure someone with more knowledge will be able to confirm this for you.

pixiechick wrote: »

Aimsleey - I'm no expert but I'm sure I've read on the forums that you can't go for unenforceability on a service agreement only credit agreements.

Aimsleey wrote: »

Have I made a mistake in thinking I could CCA for a service agreement? It was taken out in 2006 so I think it suits the other criteria. Many thanks

Hi Aimsleey

As Pixie and Borassic have both correctly stated, utilities (mobiles) are not regulated by the CCA so yea, you need to negotiate repayments with them.

never-in-doubt

jen_br wrote: »

Sorry Aimsleey Mobile phones are not included... this is all on the first few pages on this thread ;(

Hi jen,

spot on - thanks :T:T

never-in-doubt

alland wrote: »

Hi Niddy,
Sent you my Egg & Citi cards CCA's to your email via "dropbox"..new technology!!...:o hope it works ok
Appreciate you casting your eye over them when you get a minute (if we lot here ever let you get a minute that is !)

Regards
alland

Hiya

I replied to you (btinternet email address).... :o:o

never-in-doubt

Scoobydoo72 wrote: »

I have a couple of questions before I start the letters, here goes:-

1) Do I put my name and address on the CCA letter as you would in any normal letter, so that they have an address to write back? Or should they have this all on file and would I be giving too much information. I know that I do not personally sign the letters.

Of course you put your name and address :o

Scoobydoo72 wrote: »

2) With regards to Allied International - Do I send the letter to them direct as they now own the debt or do I send to RBS?

Whoever own the debt

Scoobydoo72 wrote: »

Thanks for taking the time to read

Jill x

You do know you'll be defaulted, right?

never-in-doubt

NittyGritty wrote: »

hi NID,i,ve been reading most of the posts, nice to see some have had success i,ve just got a couple of questions,

Hiya :hello::hello:

NittyGritty wrote: »

1. ive read in the news lately that all these "wipe your debts" are not enforceable anymore due to a court case not so long back that stopped people doing it, or maybe not stopping them but the chances r very very slim? and have closed the loophole, unless i read it wrong, i assume what people are trying to do on here is the same sort of thing?

Do you believe everything you 'read'? Try reading this thread or my previous posts to see exactly where the law sides ;)

NittyGritty wrote: »

2. what happens when u send the final letter off to them, and they still insist on payments? whats the next course of action if any?

No agreement means no formal action can ever be taken against you.

NittyGritty wrote: »

or they continue to send letters after passing the debt on to another,

That is expected unfortunately as after the McGuffic case, they are allowed to reasonably demand repayment.

NittyGritty wrote: »

or worse still a baliff turns up at your door in person, what would one do then?

No formal action can ever be taken - i.e. a bailiff can only attend after court action (which cannot happen)! If a bailiff comes, you call the police... all this is explained on pages 1 & 2.

NittyGritty wrote: »

3. by doing this is your house at risk at all (i live with parents) - thanks in advance

Why would your parents finaces affect you? That's your answer.....

never-in-doubt

thereislight wrote: »

What I am wondering do I send CCA request + proof of default or do I go straight away for Default removal - offer F&F settlement in exchange of fees to be reclaimed and also no orginal application form.

I did receive orginal DN in 2006 and I have kept them if that helps

Any help would be great and please be kind first post

Thanks for reading

As the DN will drop off in a couple of years, you may be best trying to settle the debts, unless you really cannot afford to in which case request CCA's.