Unenforceability & Template Letters III

never-in-doubt

samhuzz wrote: »

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

Hi Sam

Well why not send the CCA Request and see what comes back as UE, being you're not bothered about your credit file? Sod F&F settlements, why bother to pay when they could well be unenforceable (UE)?

never-in-doubt

5corpio wrote: »

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)

Hiya

I couldn't and still can't make sense of what you've said in either your PM's to me nor the two posts you made, you're confusing things.... let me get them and i'll break them down and try and answer for you as best can..... brb

scarednshakin

Hi Niddy, thanks for the PM, will go with your advice and keep paying this one. You are a star and we all appreciate your hard work Mrs SNS

samhuzz

never-in-doubt wrote: »

Hi Sam

Well why not send the CCA Request and see what comes back as UE, being you're not bothered about your credit file? Sod F&F settlements, why bother to pay when they could well be unenforceable (UE)?

Thanks NID for the fast response, I think I will do, they've had too much money off me for too long (esp Lloyds). I'm also going to claim PPI back off HFC Skank as I know for a fact it was missold (they added it on to the paperwork without asking me and I only found out when I read the agreement again at home :mad:). Thank you so much for the inspiration you've given me from this thread to play the beggars at their own game:mad:. Shall I stop paying them all in the meantime, or carry on as I am?

never-in-doubt

5corpio wrote: »

Barclay card and didn’t return the cheque payment not cleared from my bank account as such (YET)

Have you sent the CCA Request? They returned your cheque and responded with the letter below? Please clarify.....

5corpio wrote: »

They quoted:
‘i write further to your letter requesting a copy of the agreement for above account.
They typed on letter:
The current credit limit on your account: £xxxx
The current balance on your account today is: £xxxx
The next minimum payment of £xx is due on xx
Please note, a copy of your current barclaycard agreement will be sent under separate cover’

The above is usual for them, you just sit and wait for them to send the CCA.

5corpio wrote: »

Q: Hmmm?
‘You will be receiving your next statement shortly which will provide with full details of your account. With reference to the Civil Procedure Rules (the “CPR”). We have provided you with sufficient information to allow you to understand our position. The CPR doe not confer with automatic entitlement to documents before proceedings start. CPR 31.16 disclosure that a party may apply to the courts for pre-action disclosure in certain limited circumstances, which do not apply here. The application must be supported by evidence and the usual order is for the applicant to pay costs of the application, inc the respondant’s costs, together with the respondants costs ofcomplying with any order that is made as a result (CPR N48.1 (2)) While there is no formal obligation on our part to provide documentation in answer to validation of debt correspondence, we have undertaken steps to provide you with the contractual terms under which your financial obligations arise and a statement of account . I am fully satisfied that the sum outstanding by you remains legally due and payable. You should continue to repay the outstanding balance owed on your account in accordance with the terms of your credit agreement. If you do not, we may register a default against you This completes our obligation to you under section 78 of the consumer act 1974’

So its the same letters are here then yea? Click Here i.e. their standard reply to people!!

5corpio wrote: »

Attached with above letter:
I received there Barclay card Condition Credit act 1974.

Q: Where do i go from here? Do i follow with the 2nd stage letter?
Thanks

No, you sit and wait (if i've got this right).... basically they are saying they will send the CCA separately, so you wait - the account is unenforceable until they respond. Don't push them into finding the agreement, leave them to dwell over it!

never-in-doubt

samhuzz wrote: »

Thanks NID for the fast response, I think I will do, they've had too much money off me for too long (esp Lloyds). I'm also going to claim PPI back off HFC Skank as I know for a fact it was missold (they added it on to the paperwork without asking me and I only found out when I read the agreement again at home :mad:). Thank you so much for the inspiration you've given me from this thread to play the beggars at their own game:mad:. Shall I stop paying them all in the meantime, or carry on as I am?

Hiya

Are you paying direct or through a DMP? If direct, then yea don't send any payments right now (are all three accounts already defaulted? If not then you will get defaulted).

Pointless reclaiming PPi, as this only reduces the debt - you should consider this if and when any come back as enforceable, to reduce the balance - at this point it is wise to make any F&F offers you may decide to make - until such time, make no offer of payment and stick to letters and the guidance on here.

To start to ball rolling you send this:CCA Request to each creditor (whoever owns the debt, so in your case it will be the DCA's that you're paying right now). They have to act on it or forward it to the lender. Can you confirm, all accounts were started prior to April 2007? can you remember the start dates of the 3 accounts? If so, or a rough guess, please advise before sending the CCA Request.....

Thanks

samhuzz

never-in-doubt wrote: »

Hiya

Are you paying direct or through a DMP? If direct, then yea don't send any payments right now (are all three accounts already defaulted? If not then you will get defaulted).

Pointless reclaiming PPi, as this only reduces the debt - you should consider this if and when any come back as enforceable, to reduce the balance - at this point it is wise to make any F&F offers you may decide to make - until such time, make no offer of payment and stick to letters and the guidance on here.

To start to ball rolling you send this:CCA Request to each creditor (whoever owns the debt, so in your case it will be the DCA's that you're paying right now). They have to act on it or forward it to the lender. Can you confirm, all accounts were started prior to April 2007? can you remember the start dates of the 3 accounts? If so, or a rough guess, please advise before sending the CCA Request.....

Thanks

Oh yeah, all three accounts are definitely defaulted I'd have thought, before I set up this repayment plan with the CAB I hadn't paid them for months. They are definitely pre 2005 as I know I haven't had any credit since my daughter was born in that year except Lloyds which was 2006 I believe. How often are these agreements unenforceable? I already have 2 CCJs that I know of (not on these accounts btw) so I know my credit rating is shot to pieces. I had the perfect opportunity for debt avoidance as I've moved house 3 times in the past 2 years but like a tw*t told them all where I was moving to. I've already requested my agreements from HFC (rang them direct) as I was going to see what PPI I'd paid, so will these do for this purpose? I'll hold fire on claiming it back though as you say, if it turns out they are all unenforceable it will be money in my pocket rather than paying back part of the debt won't it.

Thanks for replying, Sam. :j

PS: sorry yeah I'm paying them all direct by Direct Debit/SO.

never-in-doubt

5corpio wrote: »

Hi looking/needing help. Long winded but trying to keep sweet and straight to the points.
Started the process of the consumer credit act 1974. Sent the 1st letter to Barclay Card (who inherited the account), they £1.00 cheque was returned and they come back with:
Section 78 of the consumer credit act 1974, thank you for your request.....
‘as you may be aware of identify theft is increasing and we have noticed that the address quoted in your letter, differs from the one we currently hold for you. So that we can protect our customers against fraud, we will only change your address if you provide us with your account number, signature, current and previous address when you write to us’
A: i changed the address with them 8 months ago and they have been responding to my letters since as well as accepting payments from me (Am i to assume that there statement is in correct?)
Q: Where do i go from hear? Do i proceed with the 2nd letter as per the chart?
Further part of letter:
‘We will be happy to provide the information you have asked for as soon as we have confirmed your correct address. Please write again, remembering to quote your account Barclay card account number’
Q; Do i just continue with the above Question i asked? OR
They now already shuffled me onto ‘Mercers Debt Collection Ltd’
‘Default notice served under section 87 (i) of the consumer credit act 1974
Q: Do i just follow with the 1st letter to Mercers and start the ball rolling that way?
Thanks :rotfl:

This is what confused me, is this another barclays account or the same one as the last message? You need to keep things in relation, if it is the same then simply edit one post and add the questions! I am led to believe this is an additional Barclaycard? Yes or No?

Assuming not, the answers to your 3 points are as follows:

1. Sit and wait until they send the CCA, as they stated they would.
2. They can sell the debt to whoever, whenever they want. If they have sold it to Mercers then simply send this to Mercers, when they get heavy with you (only if Barclays have not sent the CCA): Account sold - whilst in Default of CCA Request
3. No, you do not start again - see above points.

never-in-doubt

samhuzz wrote: »

Oh yeah, all three accounts are definitely defaulted I'd have thought, before I set up this repayment plan with the CAB I hadn't paid them for months. They are definitely pre 2005 as I know I haven't had any credit since my daughter was born in that year except Lloyds which was 2006 I believe. How often are these agreements unenforceable? I already have 2 CCJs that I know of (not on these accounts btw) so I know my credit rating is shot to pieces. I had the perfect opportunity for debt avoidance as I've moved house 3 times in the past 2 years but like a tw*t told them all where I was moving to. I've already requested my agreements from HFC (rang them direct) as I was going to see what PPI I'd paid, so will these do for this purpose? I'll hold fire on claiming it back though as you say, if it turns out they are all unenforceable it will be money in my pocket rather than paying back part of the debt won't it.

Thanks for replying, Sam. :j

PS: sorry yeah I'm paying them all direct by Direct Debit/SO.

Hiya

Ok, well lets get some things cleared up for you first of all.

- Regards to the CCJ's when were they placed? Do you still have paperwork etc from the time? Did you admit to the claim or defend it or just ignore it totally? In fact did you even get served any papers?

- Regards to PPi reclaim, noooo - don't get confused, all reclaims go toward the debt and reduce the debt balance, it does not get paid to you unless there is a surplus. So lets say you owe £1k but PPi refund would be £3k, then the debt would be cleared and you'd get £2k paid to you. If though, the debt was £5k and reclaim was £3k, then you'd end up owing £2k still - they will not send you a cheque.

- Regards to debt avoidance, I don't advocate this - best keep it to PM's if you're discussing such things as people will get irate :whistle:

- You can't establish the rate or chance of Unenforceability without the agreements so best to send off the CCA Request and £1 to each of the 3 DCA's and see what they respond with. I appreciate you say about requesting it on the phone, but you should do it properly using the template as then you have a paper record.

- Stop ringing people, start to get used to dealing ONLY in writing.

- Don't cancel the DD's/SO's until you have the CCA's and let me see them - best to be safe, right?

Does all that make sense?

samhuzz

never-in-doubt wrote: »

Hiya

Ok, well lets get some things cleared up for you first of all.

- Regards to the CCJ's when were they placed? Do you still have paperwork etc from the time? Did you admit to the claim or defend it or just ignore it totally? In fact did you even get served any papers?

- Regards to PPi reclaim, noooo - don't get confused, all reclaims go toward the debt and reduce the debt balance, it does not get paid to you unless there is a surplus. So lets say you owe £1k but PPi refund would be £3k, then the debt would be cleared and you'd get £2k paid to you. If though, the debt was £5k and reclaim was £3k, then you'd end up owing £2k still - they will not send you a cheque.

- Regards to debt avoidance, I don't advocate this - best keep it to PM's if you're discussing such things as people will get irate :whistle:

- You can't establish the rate or chance of Unenforceability without the agreements so best to send off the CCA Request and £1 to each of the 3 DCA's and see what they respond with. I appreciate you say about requesting it on the phone, but you should do it properly using the template as then you have a paper record.

- Stop ringing people, start to get used to dealing ONLY in writing.

- Don't cancel the DD's/SO's until you have the CCA's and let me see them - best to be safe, right?

Does all that make sense?

Hi again NID

I settled both of the CCJs, one was for a house purchase I was going to do, but the woman pulled out and it was for solicitors fees I don't think I should have been landed with. The other was for a crap nursery that said I didn't give them notice I was leaving. They are both paid up, but stay on my file for six years I think? I'll keep on paying the debts until I get the CCAs like you suggest. I will send the letters off tomorrow and see what they have to say. Will they accept a cheque in my partner's name as I don't have a cheque book (not allowed :rotfl:so the bank says). I will try and get into writing to people instead of phoning them but it's annoying as I don't have word on this computer only at work and I can't get onto MSE at work!

Thanks again for your help, I found my other thread asking for advice on F and F settlements and some people have replied, hope you don't mind but I recommended your thread to them.

:beer:
Cheers, Sam