Unenforceability & Template Letters III

BorassicLint

10past6

Hi Pebbs

pebbles88 wrote: »

i have pm'd 10past6 so hopefully he will be along soon

Check your PM box

scarednshakin

swanfan02 wrote: »

Hi Niddy, reply from barclayshark. :mad:They have sent original app form when card was Morgan Stanley plus letter from BC. App form has 2 pages on separate sheets but don't appear to be linked. Will scan & email if you want to see it. No hurry mate, when you've sobered up, so Sunday then.:rotfl:

Hi Swanfan02, got the very same sent yesterday from B/C. They must have found a heap forms to post out :mad: Hoping Niddy will say they are unenforceable, so fingers crossed

elsie52

Morning Niddy and all.

Just bumping you back to page one.!!

Hope you had a good day off Niddy.

carol01

hiya n-i-d
i have had a reply back from moorcroft about the letter sent in #1099 to argos
it says....
i write in responce to your recent communication in relation to the above account and can confirm we have been n contact with argos ltd who advised us that the default notice was issued in the 26/01/10 for 115.95 however, this was not paid and the account defaulted on the 24/02/10. the outstanding balance of 1890.00 is correct and is due for payment.
i can also confirm i have placed the account on hold and request you to make immediate contact with our call center to discuss a repayment proposal.
i have letters here and no letter states to pay by a certain date
letter sent on 4/01/10 saying arrears 58.05 your account has been stopped to prevent further use and must make immediate payment of 58.05 ( 1 month) if you don't take this opportunity to clear the arrears a default notice will be served on you.
then on 15/01/10 i had my statement through stating i have missed 2 payments please pay 115.95 (i paid 70.00 on 25/01/10 and then i paid 80.00 on 23/02/10 )hope this makes sense so i had 115.95 + 59.60 =175.55. but i paid 70.00 + 80.00=150.00 so iam i right in saying my default was for 25.55 and should i respond to this or leave it and cca them instead
sorry so long

never-in-doubt

flo5 wrote: »

Recived a reply from Capquest today: Would be most grateful for guidance on what l do now

Hiya

I will sort you a specific letter to respond with tomorrow, just bear with me.... :D

never-in-doubt

fedupwiththeworry wrote: »

I can find little evidence of the debts being sold on from the credit files yet in a lot of cases it is DCA's chasing me and DCA's who are being paid via the DMP I have set up. Do I send the CCA requests to the DCA or the original lender ?

Send the CCA Request to whoever chases you, bear in mind the lender can sell the debt to whoever they want, in essence! So always CCA whoever chases you.

fedupwiththeworry wrote: »

All but one have already been defaulted on my files, albeit I cannot find any letters to me regarding all of them to inform me, however I may not have filed them correctly so cannot say for sure that I didn't recieve notice. Is this important ?

Not at this stage, the DN and assignment process is useful if they go for a CCJ (which they can't on an UE debt anyway) as it gives us leeway to get the CCJ set aside.....

fedupwiththeworry wrote: »

My 2 Barclaycard A/C's aren't showing on any of the reports however they are old so may have been defaulted some time ago and dropped off ? I'm still been paying them off.

If they have already ran their course then forget about them, they cannot add another entry to your credit file - and why are you paying them anyway? Stop payments, if they are that old then you know they will UE anyways!

fedupwiththeworry wrote: »

The Cahoot loan (2002) is a strange one. I have been paying via a DCA for some time however earlier this month Santander sent me a letter (undated) stating that they wrote to me recently (they didn't) to say that the account was being transfered to them in March 2010, no interest was being charged and I can manage the loan through contact centre support and will receive monthly statements. I know Cahoot was part of abbey, thus now Santander so do I send the CCA to them or the old DCA ?

Either - if you're dealing with the DCA send it to them! They have a duty to pass it to the OC if they are no longer dealing with the case - have you actually read the CCA Request template? Have a read and you'll see it clearly tells them tif they are not the debt owner, what to do with your request!

You should always read the letters before sending them - the content will always answer any questions you may have!

fedupwiththeworry wrote: »

The MBNA loan appears to have been sold on to the DCA i.e. it shows MBNA ended the a/c 30/08/2005, however the DCA who have been dealing with me show up with the start date the same as the original loan and an end date of 30/07/2005 and haven't updated any payments.
The 2 companies entries are on different credit reports. Do I send the CCA to the DCA ?

Yes - see above comments...

fedupwiththeworry wrote: »

Sorry for so many questions, just want to be sure. TIA

Hope the above helps! :beer:

never-in-doubt

swanfan02 wrote: »

Hi Niddy, reply from barclayshark. :mad:They have sent original app form when card was Morgan Stanley plus letter from BC. App form has 2 pages on separate sheets but don't appear to be linked. Will scan & email if you want to see it. No hurry mate, when you've sobered up, so Sunday then.:rotfl:

Just email me matey and i'll check tomorrow cos working so will have time!!

You have my email right? If not, check PM's :D

never-in-doubt

scarednshakin wrote: »

Hi Swanfan02, got the very same sent yesterday from B/C. They must have found a heap forms to post out :mad: Hoping Niddy will say they are unenforceable, so fingers crossed

Hiya

You need to email me a copy please - much bigger than the last things you sent, I cannot read them (did you ever resize them for me)?

I've not logged into emails for a few days, I will catch up in the morning..... :D

never-in-doubt

elsie52 wrote: »

Morning Niddy and all.

Just bumping you back to page one.!!

Hope you had a good day off Niddy.

Hiya

I'm off today as well, need to get back to my second home (:beer::beer:)

Will be here tomorrow all day so will catch up on everything then I s'pose!

Its too hot - must cut the grass and have a few pints!!