Unenforceability & Template Letters III

never-in-doubt

Locke wrote: »

I've sent the Cease and Desist letter previously so I'll go with the final response letter this time.:)

Exactly mate - well done :T

never-in-doubt

fedupwiththeworry wrote: »

Further to 3341

2nd response rec'd

Had a reply from DCA re Citi stating they are awaiting a copy of the original agreement from the original letter.
If we are unable to forward a copy of the original agreement, we will be able to supply a true copy of the document which will comply with section 77-79 of the consumer credit act 1974.
We would like to draw your attention to the ruling in the case of McGuffick V RBS 6/10/09 in relation to "what is considered enforcement" etc etc basically stating that demending payment is a step taken prior to the commencement of proceedings and therefore is not considered enforcement. We will continue to report to credit ref agencies.


Basically they are saying they will continue to chase for payment.

Hiya

Yep - what they is correct, but unfortunately McGuffick did not say that they can use this "reconstituted" copy in court, they must still provide a copy of the original agreement. Think about it, if they could just make a recon to suit, we could all get stung for money that we don't actually owe - cos we'd all be making and faking agreements, right?

They will always chase you, that is perfectly acceptable - however they cannot obtain any judgement (i.e. CCJ/CO etc). They will default you and hassle you, but they will soon grow bored.

Just sit tight and see what comes from Citi...

never-in-doubt

scarednshakin wrote: »

Hi Niddy, thanks for the warning about Lloyds. PM'd you this morning about a reply I got from them. Thanks Mrs SNS

Hiya

I'll deal with emails on Monday - having the weekend off cos nothing can be done now until Tuesday, so all emails will be sorted before then - same goes to everyone else.... :D

never-in-doubt

fedupwiththeworry wrote: »

Hi Nids,

Sorry should have been clearer, they are quoting her statement as MOJ warning about businesses that mislead the public about debts being written off

I know what you meant - lol. I was being facetious

I am not a company nor am I Credit Licenced - I give FREE advice on a public forum.

fedupwiththeworry

never-in-doubt wrote: »

Hiya

Yep - what they is correct, but unfortunately McGuffick did not say that they can use this "reconstituted" copy in court, they must still provide a copy of the original agreement. Think about it, if they could just make a recon to suit, we could all get stung for money that we don't actually owe - cos we'd all be making and faking agreements, right?

They will always chase you, that is perfectly acceptable - however they cannot obtain any judgement (i.e. CCJ/CO etc). They will default you and hassle you, but they will soon grow bored.

Just sit tight and see what comes from Citi...

That's what I thought, will sit tight no problem, thanks

Edit: will raise a beer to you later today, unfortunately not in the garden because it's raining cats and dogs...........

never-in-doubt

Right everyone,

I'm done - this thread is up to date now. Emails will be sorted and replied to on Monday.

Its Saturday - post offices are now closed and no mail will be delievered until at least Tuesday so have a break - forget this thread and i'll be back Monday! Have some drinks, chill out but whatever you do please do not panic and start worrying - as I say NOTHING can happen now until next week, i'll be here Monday so please do not clog the thread with worry - i'll be back Monday and will sort any concerns then.

Enjoy your weekend :beer::beer:

Niddy

dibs69

Hi nid and all , it has been 30 days now since i sent s.10 Cease & Desist , but nothing from LTSB, hope you have not got a bad head nid, have really nice weekend all , many thanks

never-in-doubt

dibs69 wrote: »

Hi nid and all , it has been 30 days now since i sent s.10 Cease & Desist , but nothing from LTSB, hope you have not got a bad head nid, have really nice weekend all , many thanks

Sit and wait, they are in default and reamin so until they respond. It is unenforceable, great! Forget it til they do write back, then let me know.

I guess you missed my post above right? Leave it til Monday lol - it is not important hehe :D

dibs69

never-in-doubt wrote: »

Sit and wait, they are in default and reamin so until they respond. It is unenforceable, great! Forget it til they do write back, then let me know.

I guess you missed my post above right? Leave it til Monday lol - it is not important hehe :D

i did, will do , many thanks to you :beer::)

dibs69

dibs69 wrote: »

i did, will do , many thanks to you :beer::)

Ha ha i see wot thay thay like :rotfl: