Unenforceability & Template Letters III

dibs69

BorassicLint wrote: »

Hi dibs,

Thanks for this, we will have to keep our fingers crossed for the next 6 years:rotfl:

same letters but no final response or cca

never-in-doubt

Locke wrote: »

Should I just leave it with them for now to see what they come back with?

Yes mate - just sit and wait

gilligansyle

Morning

quick question re: Lowells. They have started chasing by phone and I've been doing the security dance so they wouldn't tell me what the original debt was. Today I have received a letter, not threatening at all, offering payments of £1 a day and stating original creditor as Capital One. I checked my old credit reports and this default went off my credit file in January this year, so do I just ignore them, as they won't be able to enforce it? I've sent them the one about only contacting in writing ages ago and they went a bit quiet after that.

I've also had similar calls lately from Mackenzie Hall, so await their letter too.

never-in-doubt

gilligansyle wrote: »

Morning

quick question re: Lowells. They have started chasing by phone and I've been doing the security dance so they wouldn't tell me what the original debt was. Today I have received a letter, not threatening at all, offering payments of £1 a day and stating original creditor as Capital One. I checked my old credit reports and this default went off my credit file in January this year, so do I just ignore them, as they won't be able to enforce it? I've sent them the one about only contacting in writing ages ago and they went a bit quiet after that.

I've also had similar calls lately from Mackenzie Hall, so await their letter too.

Hiya

Yes, the debt is already past its lifecycle (i.e. +6yrs old) thus it will vanish from your CRA records - the lender can't really do much, of course if they do go for a CCJ then you'll need to come back and we'll advise how to stop it, but unlikely.

Just ignore it totally, as for the phone calls - they will stop soon enough, they have probs done an annual trace check on you and found you, after a while of no replies they will give up....

Lyndzzz

Good Morning All!

In work today boooooooooooo! But at least its quite and i work (almost) alone so get to surf tinterweb all day and sort out my debts!:)

Mojo - Hope youve got over the shock of the court thing - im sure i would be able to handle anything like that - altho, this is the best place to be with niddy and 10past6 :T
Borassic - there are a few of us now ignoring LTSB so join the club for the long 6 year wait and heres hoping they never find our CCA's:cool:

Hope everyone gets to enjoy (what seems like ) nice weather today
Lyndzzz x

maz1964

Good morning niddy and all

hope you have a sunny day we are taking the weekend off last minute thought to visit friends in london, sometimes you have to have these impulse trips away from home and the debt mountain to get back refreshed and postiive for action,

so monday all systems go again, ive been happily seeing my truecall system flashing red tellling me someone is calling but they cant get through as all they hear is the ringing out tone,:rotfl::rotfl::rotfl: LOVE IT

so have a fun weekend all and i do hope it s a deserving person who has won last nites euro and hope they do some good with it,

keep happy laters MAZ:)

Locke

Morning NID.

In your post #2245 you instructed me to send my final reply to Halifax which I did.

Today I've received a letter from them saying they have sent all the documents they are obliged to provide etc. They also say this...

You have stated in your letter, the copy received is a piece of paper that alludes to there being an agreement. To explain, all credit card applications are filmed after processing and stored on microfilm. Therefore the copy we sent you is one retrieved from our archives and as such is a genuine copy of the original.

On this basis, as there is no dispute that you signed an agreement, the debt is not in dispute, we will expect payments to be made or alternatively we will take the usual collections action.

Do I just ignore this as I've already sent my final response?

never-in-doubt

Locke wrote: »

Morning NID.

Do I just ignore this as I've already sent my final response?

Yes mate - see what they come back with (in time).... if they have it on microfische then you may find it is enforceable, but it still needs to comply by being signed and contain linked prescribed terms - if that is what was missing first time round then tough on them!

elsie52

Hi Niddy

Re Marbles

We sent CCA request 19/4
Marbles replied with blank CCA with our present address on.
We sent CCA Forged document letter 25/4
Marbles replied with copy application form.
Sent CCA dispute - copy document supplied 4/5

We have today received a letter from them :

We have as yet been unable to supply details of the reconstituted version of the executed agreement. However, we did provide a copy of the signed application form and current terms and conditions. The signed agreement was made with HFC Bank Ltd and we can confirm that their procedure has always been to obtain the customer's signature to an agreement containing the prescribed terms before entering into a credit card agreement.

We are satisfied the terms and conditions of the agreement were on the reverse of the application form, therefore you had sight of these details when you signed and accepted the terms.

The regulations define what is required of a "copy". Whilst regulation 3 provides "every copy" of an executed agreement.......shall be a true copy". Regulation 3(2)(b) privides that a copy can omit any signature box, signature or date of signature.

While we try to locate the full original agreement we will not be seeking to enforce the agreement. However, even if an agreement is unenforceable, the contract still has legal effect and is not void, the lender is merely prevented from seeking an enforcement order from the court.

I note from your letter that you are also disputing your liability for this account but have given no basis for this dispute. As we have provided a copy of your signed agreement and you have not disputed the fact you have had the benefit of the agreement, we do not see on what basis you are disputing liability. We will continue with our normal collections and credit reference reporting activities.

Would you please let us know how to respond to this.........Is is Unenforceable Agreement. Debtors Final Response.

Thanks as always

DebtFreeOneDay_3

Afternoon NID
Hope your weekend is going well.
Had a letter from Lloyds this morning following my final response last week. Like a lot of others all I received was the recon version. The letter states that I have six months to complain to FOS and that my complaint with them has been closed. Do I now take it on to FOS or ignore them as I have sent my final response? As always your help is very much appreciated. :hello: