Unenforceability & Template Letters III

BigCraigJohn

Its an old loan though thats been shut years and i'm only slightly in arrears(under £200) on the credit card and they owe me maybe £3500 from the ppi. I was under the impression they would only take arrears?
Theyve even asked for my account number for the payment to go to. + admitted it was mis sold.
I'm gonna forget enforceability on this card for the mo anyway. They owe me more than I owe them so gonna get back as much as I can, still got credit card ppi and charges to go for. If I clear the card in the process then so be it. See where things are in a few months. Ideal scenario the cash all ends up in my hsbc and I can pay as I please, worst case this card gets cleared and I get some cash. Win win.
Funny thing is theyve gone very quiet, makes me wonder if they think i'm on to them. :cool:

never-in-doubt wrote: »

Hiya

Ok, i've seen and again as you're there with the paperwork, if you think they are different then great - but as to the second part of your post, why give up? You do know any PPi refund reduced the debt and has no bearing on unenforceability? You will not get a cheque, it repays the debt and only if it clears the balance do they send you money.....

It's up to you of course, but don't be under the illusion you're going to get a payout cos it won't happen - it will reduce the actual balance, that is all.

never-in-doubt

BigCraigJohn wrote: »

Its an old loan though thats been shut years and i'm only slightly in arrears(under £200) on the credit card and they owe me maybe £3500 from the ppi. I was under the impression they would only take arrears?
Theyve even asked for my account number for the payment to go to. + admitted it was mis sold.
I'm gonna forget enforceability on this card for the mo anyway. They owe me more than I owe them so gonna get back as much as I can, still got credit card ppi and charges to go for. If I clear the card in the process then so be it. See where things are in a few months. Ideal scenario the cash all ends up in my hsbc and I can pay as I please, worst case this card gets cleared and I get some cash. Win win.
Funny thing is theyve gone very quiet, makes me wonder if they think i'm on to them. :cool:

Ok well if you think they will refund you then wait until they do and see what happens..... obv if you think they will pay you a couple of grand, good luck - I suspect it will be repaid to the account to reduce debt, like all PPi refunds do!

If you're claiming from a closed loan then yes, this will be repaid direct to you...... well done

Keep me updated

Rainbow_Liberty

Thought I'd better pop in and say hi even though I've nothing really to report to you on this thread at the moment.

Have sent the letters to Aktiv (who Egg had sold the debt to after I'd asked for the CCA) and copied it to Egg along with the template that NID advised me to use.

Haven't heard a peep from any of the others as yet, guess it's just a matter of time though as they will soon be realising that they arn't even receiving their £1 a month any more. Then I will ask them again for the CCA's and take it from there.

Subject change, I'm in the process of filling in my FOS form regarding bank charges as in the last 4 years I've been whacked with just over £5k in charges. The whole cycle started just after I came out of hospital in 2005 (I'd been in for two months and was far from well when I did come out). Needless to say it was a total snowball affect and even though I contacted them all in 2007 I was caught up like many others with the test case. The charges have been spiralling since and I've recently had to change banks just to escape the charges but at least bills are starting to get paid on time.

Me & BF had big financial discussion at weekend, worked out exactly what we can afford to live on per week (£50 for a family of 4) and I spent Sunday doing a carboot with my son to raise £ to get away from the extreme edges of the overdrafts - to avoid further charges incase I don't get them back. Really pleased how the bootie went, made £200 - that's going to make a tiny dent but at least it's a dent.

Now looking around the house to find other things to sell.... don't sit still for too long.

BigCraigJohn

Mate I want Lloyds. Theyve done me for so much over the years so i'll get my money back somehow.
On my SAR, Likelihood to leave bank - high, Risk - 9 :eek::rotfl:

never-in-doubt wrote: »

Ok well if you think they will refund you then wait until they do and see what happens..... obv if you think they will pay you a couple of grand, good luck - I suspect it will be repaid to the account to reduce debt, like all PPi refunds do!

If you're claiming from a closed loan then yes, this will be repaid direct to you...... well done

Keep me updated

never-in-doubt

BigCraigJohn wrote: »

Mate I want Lloyds. Theyve done me for so much over the years so i'll get my money back somehow.
On my SAR, Likelihood to leave bank - high, Risk - 9 :eek::rotfl:

LOL - risk 9 is a non lending status for behavioural score, i.e. do not lend :eek:

Good luck with them, get the refunds sorted then we'll worry about the CCA again yea? You'll "get em" in due course, worry not

BigCraigJohn

never-in-doubt wrote: »

LOL - risk 9 is a non lending status for behavioural score, i.e. do not lend :eek:

Good luck with them, get the refunds sorted then we'll worry about the CCA again yea? You'll "get em" in due course, worry not

It was 7 till about feb, think my account went £3 overdrawn and shot up to 9 :mad:

ashmuir

Lyndzzz wrote: »

Ash, you lucky ginger so and so how much do you owe them?

Lynds xx

Hello you lovely scouser you! £4500 I owed them, now just to sit back and wait 6 years :cool:

df1day

I received a letter from Calders about an outstanding Barclaycard debt advising me that they were returning it to BC for them to sell.

Sorry, I'd tried to attach a copy but as a new user I can't post links.



I have 2 Barclaycard accounts and sent a CCA request for both.
I received the usual current Terms and Conditions for both so I replied on the 11th May using NiDs template 3.2. I did notice that in their reply for the older account (taken out before 1985) that BC had commented they did not have to supply a copy of the original document. They didn’t make this additional reference for the other account.

I raised the matter here and was informed this was tantamount to an admission that they didn’t have the original. The fact that they are selling the debt after such a short period would surely confirm this. ( I think I read somewhere that BC tend not to sell their debts early). They haven’t mentioned selling the other debt, though. They are unlikely to have the original document for this as it was an old Morgan Stanley card taken out about 2000.

Why not sell both? I am in no better position to repay one debt over the other.

Anyway, although I wanted them to sell it on, as I intended to make a low full and final settlement, can they actually do this now? Is the account in dispute or would that only be 30 days after my last letter on 11th May? Would it be better if it remained with BC to stop the inevitable hassle from a DCA? I might not be able to get a low F&F from BC but I may just leave it be as unenforceable and see what happens.

Any thoughts or advice?

never-in-doubt

df1day wrote: »

Anyway, although I wanted them to sell it on, as I intended to make a low full and final settlement, can they actually do this now? Is the account in dispute or would that only be 30 days after my last letter on 11th May? Would it be better if it remained with BC to stop the inevitable hassle from a DCA? I might not be able to get a low F&F from BC but I may just leave it be as unenforceable and see what happens.

Any thoughts or advice?

Hiya

If they have not sent the agreement, you do not pay! Assuming you already have a default on both accounts?

Regards to Calders - send this: Account sold whilst in Default of CCA Request

However really you need to follow processes on here which will enable us to get them both deemed unenforceable.

never-in-doubt

There will be some new templates added throughout the night as we're getting a lot of new queries coming through......

Take a look at the new(ish) layout of templates here - As you'll see they have changed slightly and there are additional templates along with there being orange help guides towards the bottom.

As usual, get in touch if you need help - templates will be continually updated to suit trends of responses from lenders.