Unenforceability & Template Letters III

never-in-doubt

*Pollypocket* wrote: »

Hey Niddy, hope you are having a good day

I have received a letter today from LTSB solicitors requesting that I cough up, basically they're threatening court action again. They are also offering to accept a reduced sum or agreed monthly repayments, etc.

I was defaulted last month and received a similar letter, I'm not at all scared by this but am wondering what the next plan of action is. My last letter to them regarding the CCA was the Debtors final response, but I have heard no more, this was sent on March 22nd. It was sent recorded and definitely reached them.

Here is the link to my last post: #837

Thank you so, so much again for your help Niddy, you are an :A

Hiya

Send the solicitors a copy of the last letter you sent with a covering letter as below:

Account sold whilst in Default of CCA Request

scarednshakin

Hi Niddy

Hope you are having a good day. I hope you don't mind I have PM'd you documents that Lloyds and RBS have sent and hoped you could have a look at them.

Everything else is quite at the moment, it is really strange after having the phone ringing all the time and the postie's bag being weighed down with all the threatening letters - long may it continue

never-in-doubt

mojoparrot wrote: »

Morning NID
Hope you are well:j

Did you manage to have a look at my DRYDENS time line? http://forums.moneysavingexpert.com/showpost.php?p=32672021&postcount=2593
What do you think I should do, just wait and see?
Thankyou for your time
Mojo:o

Hiya

sorry for the delay :o

Send this to them:

Send the letter as detailed below: - bear in mind they cannot obtain any order against you without the original signed agreement - just stay calm ok?

Dear Sirs,

Account No: XXXXXXXX

I write with reference to previous correspondence, regards to the above numbered account and in particular your most recent letter dated XX/XX/XXXX in which you try and scare me by threatening all sorts.

I hereby formally remind you that any such action will be averred as both unlawful and vexatious being you have no legal entity in which to carry out your threats. Any attempted legal action will be a waste of the courts time and as such, any such action will result in my counter-claiming for damages and all costs relating to your offence.

The provisions of s.127(3), are shown below:

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords). Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

In addition should you continue to pursue me for this debt you will be in breach of OFT guidelines. These guidelines (issued July 2003 & updated December 2006) relate to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states;

2.6 Examples of unfair practices are as follows:
h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

I require you to produce a compliant copy of the credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt. If you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to the relevant governing authorities.

It would be in everyone’s interest to consider the matter closed. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages.

I respectfully request a response to this letter in 14 days.

Yours faithfully




Sign digitally

never-in-doubt

scarednshakin wrote: »

Hi Niddy

Hope you are having a good day. I hope you don't mind I have PM'd you documents that Lloyds and RBS have sent and hoped you could have a look at them.

Everything else is quite at the moment, it is really strange after having the phone ringing all the time and the postie's bag being weighed down with all the threatening letters - long may it continue

Hiya

No PM's?? Have you emailed? If so i'll log in later today and sort the emails cos I have a lot to go through and need to go out shortly....

*Pollypocket*

never-in-doubt wrote: »

Hiya

Send the solicitors a copy of the last letter you sent with a covering letter as below:

Account sold whilst in Default of CCA Request

A million thank you's again Niddy

trigger1812

Morning Nids, I been keeping up with the forum but never had anything to post but thought Iwould say hi anyway.
Regarding my letter from link basically saying they need up to 30 days to provide what I had asked for.....that letter was on the 21st of April, what happened when the 30 days are up?
Thanks very much for helping.

never-in-doubt

trigger1812 wrote: »

Morning Nids, I been keeping up with the forum but never had anything to post but thought Iwould say hi anyway.
Regarding my letter from link basically saying they need up to 30 days to provide what I had asked for.....that letter was on the 21st of April, what happened when the 30 days are up?
Thanks very much for helping.

Hiya

After they run out of time, the account is unenforceable and the lender remains in default until they do comply so do nothing - just forget it until they respond to you....

mojoparrot

never-in-doubt wrote: »

Hiya

sorry for the delay :o

Send this to them:

Send the letter as detailed below: - bear in mind they cannot obtain any order against you without the original signed agreement - just stay calm ok?

Thanks NID
Good to hear from you:T
Will send today, sorry for panic having a flapping week:o
Mojo:D

scarednshakin

never-in-doubt wrote: »

Hiya

No PM's?? Have you emailed? If so i'll log in later today and sort the emails cos I have a lot to go through and need to go out shortly....

Ok, don't think I have woken up properly today I sent you them by email - sorry

NittyGritty

never-in-doubt wrote: »

Yea they can utilise Right of Set Off (RoSo) so open a new account elsewhere - especially if you CCA them and refuse to pay!


thanks for reply, hmmm any ideas on how to proceed with this then, as at the min i cant afford to pay the overdraft (660)completly off, i have another bank account,allience and leicester, but if i go through with unenforceable route,with barclaycard, sound like the debt with just be pilling up on my overdraft in my barclays account otherwise,

one more question, sorry i know you busy and appreicate your time,

when is the best time to stop paying barclaycard, is it before you send the CCA off to them, just after you send it or do you wait until they send a reply back or is it best to do stop at a diffrent stage,

many thanks