Unenforceability & Template Letters III

never-in-doubt

jen_br wrote: »

Of course, until they call me today quoting you on the phone lol

They will not call you, don't worry. You know they can hassle you etc but that's about it. Just send that and see what they come back with, if they want to take it further then great - we'll see who knows more about consumer related laws won't we?

never-in-doubt

catherine238 wrote: »

hey nid hope your weekend is good so far.
update on the double default by c l finance and ulster bank.
sent them letters you said to post, c l finance responded asking for a copy of the report showing both defaults(i posted the page with the two defaults on it) .
ulster bank sent me a letter saying they where looking into it.

Today i got an alert on my equifax saying a credit agreement had been added and deleted so checked it out and low and behold they had deleted both agreements and then added the c l finance one back on. the ulster bank one was not there when i checked.
is this right???
they where both being recorded for 2/3 years for the same account??
all advice greatly appreciated
catherine

Hiya

Basically you should have one default for one debt, registered once at the same date of original default. So if they have removed 2 of them, and replaced them with one correct default that is fine....

See what they write back with, also you need to start linking me to the previous posts/letters between us.....

jen_br

never-in-doubt wrote: »

They will not call you, don't worry. You know they can hassle you etc but that's about it. Just send that and see what they come back with, if they want to take it further then great - we'll see who knows more about consumer related laws won't we?

Yup thanks again Nothing like watching Chuggington on the tele and reading letters to lloyds at 7:30 in the morning

Again thank you!!

never-in-doubt

helenaw wrote: »

Hi not sure i have posted this on the right thread

I got a letter about 1 1/2 years ago from Capquest chasing debt for a bank of scotland loan that i had not finished paying off. I made arrangments to pay if off at £100 a month. It has been hard to keep up the payments as my partner has loss his job. I have recently read that these debt companies do not have access to the relivent agreements therefore could not take you to court even if they wanted to. My question is were do i stand, as i have been paying the debt for over a year, so is that proof that i have accepted the debt and there is no going back?

Forgot to say that the loan was taken out in 2003 and is currently £4500 o/s


Thanks in advance

Hiya

Its not a question of acknowledging the debt, its a question of whther the documents they sent conform with s.78 provisions. Check page 1 and see the process, its simple to follow.

You need to send the CCA Request off, then depends what comes back depends if you carry on paying or not.

never-in-doubt

jen_br wrote: »

You will want to send it to Lloyds... Check any paperwork you have and look at the address on the top.

Nooooo - if judgement has already been made (CCJ) then you cannot CCA the lender, absolutely pointless cos ermm, the courts have already awarded in favour of the lender (when they issued the CCJ)....

Make sense>

never-in-doubt

Rainbow_Liberty wrote: »

Hi Niddy, hope you have been having a restful weekend.

I received a reply from Egg on Saturday, the last letter I sent to them was about selling the account whilst in dispute and this is the reply I have received. Hope you don't mind but I've emailed it to you for your expert eye to cast a glance over if you could.

Hiya

As per my email reply, send this: Debtors Final Response - CCA Received

jen_br

never-in-doubt wrote: »

Nooooo - if judegement has already been made (CCJ) then you cannot CCA the lender, absolutely pointless cos ermm, the courts have already awarded in favour of the lender (when they issued the CCJ)....

Make sense>

Didn't see the CCJ part... I was sleepy !! sorry!!

savingwannabe

Nid you are our hero as well as our friend. We think you are bloody amazing.

I will PM you when i come back from Brighton just to check on my PM as i am a bit worried about something. Niddy we owe you a Blue Peter badge and the world's biggest party and our deepest, deepest thanks too.

All my love and best wishes. I am going to meet you and Mrs Nid for certain. PS keep kissing her!!!



SW

5corpio

Good morning, hopes we are enjoying Bank Hols

Newby here, trying to get head around certain issues on my 2x threads posted Page 171. Looking forward to the postal week with unwanted/demands/threats/etc mail from Credit Cards/DRA (Full time Occupation these lot are)

Hopes all is having a good bank hol weekend

(Own one Credit card and i am in Control of it - No cash advance fees, no late payment chargers, no interest No limit either lol - o2 PAYG)

samhuzz

Hi Nid and everyone :wave:

I did post this on a separate thread, but it has disappeared (?) and then I found this one, it kind of fits in I hope!

Basically I have 3 main debts:

Lloyds TSB now with BLS Collections £5654 - currently paying £67 a month
Capital One now with Capquest £800 approx - currently paying £40 a month
HFC Bank now with Robinson way £1600 approx - currently paying £25 a month

I read earlier on the thread that DCA's sometimes accept F and Fs for a lot less than the amount owed, so I was wondering how much you folks think I should offer to them, and how I should go about it? Seeing as all my debts are with DCAs it's worth a try isn't it? I don't give a flying fig about my credit rating or anything like that as I never ever want credit again!

Thanks guys

Sam