Unenforceability & Template Letters III

never-in-doubt

Rainbow_Liberty wrote: »

Niddy will put you straight but I think that if you have a CCJ regarding the debt with Lloyds then you are too late for the CCA route as they have already taken you to court to prove you still owe the money.

If however, your CCJ is not from Lloyds but another debt then I think you can CCA them.

Like I said, Niddy will guide you properly

Thanks Rainbow - spot on. :T

jim_painter

Hi, i am currently dealing with a company called first credit. To say they are a happy polite lot is an understatement:D.

I have sent the cca requst but i didnt send it recorded delivery. I totally forgot to get it recorded:mad:. Will this be a problem????

Do i have to wait 14 working days or is it 14 days including weekends non working days etc?

The £1 cheque has been cashed so i take it i can use that as proof of them receiving the letter?

Thanks. Im sure i will be back again. Great helpful forums going on here.:beer:

never-in-doubt

jim_painter wrote: »

Hi, i am currently dealing with a company called first credit. To say they are a happy polite lot is an understatement:D.

I have sent the cca requst but i didnt send it recorded delivery. I totally forgot to get it recorded:mad:. Will this be a problem????

Do i have to wait 14 working days or is it 14 days including weekends non working days etc?

The £1 cheque has been cashed so i take it i can use that as proof of them receiving the letter?

Thanks. Im sure i will be back again. Great helpful forums going on here.:beer:

It shouldn't matter that it wasn't sent recorded, as you say the fact the cheque is cashed says they've received it....

12+2 days - the 12 days is 2 x Mon - Sat and the + 2 days = Sundays so it is a total of 2 weeks inclusive of weekends.

Moobags_2

Good morning NID

Could you please have a look at my Morgan Stanley / Barclaycard CCA I have emailed you

The 2 pages came with the standard BC covering letter
Section 4 of the CCA was blocked out by BC not by me so I'm not sure what it says

Many thanks :beer:

scarednshakin

Good morning Niddy n gang, hope you are all well

Niddy can you advise what letter to send out, unenforceable account has been passed to Fredricksons, sent letter to them Account sold while in dispute. They wrote back saying that they would refer to client. Today got letter from Fredricksons with copy of same unenforceable CCA, nothing else, what do I send back?

Thanks Mrs SNS

Snapp3r

never-in-doubt wrote: »

Yea, a Subject Access Request - however you have stated the accounts are not yours ergo it will not be your credit agreement, right? Unless i'm missing something here, it doesn't add up why you're so concerned unless they are your accounts or data is incorrect/missed payments whatever?

That's right. The two credit accounts show missed payments, so will be negatively impacting my credit score - however even if it was a faultless record I don't want any other accounts shown other than mine.

There is another difficulty in that the first and surname of the accounts are the same as mine. Probably the reason they were added to my file in the first place? Either this or I am completely losing the plot. It says the accounts were opened up in 2001 so a long time ago.

Im 90% sure they arn't mine and simply wanted the bank to substantiate the data by providing a copy of the executed credit agreement.

never-in-doubt

Snapp3r wrote: »

That's right. The two credit accounts show missed payments, so will be negatively impacting my credit score - however even if it was a faultless record I don't want any other accounts shown other than mine.

There is another difficulty in that the first and surname of the accounts are the same as mine. Probably the reason they were added to my file in the first place? Either this or I am completely losing the plot. It says the accounts were opened up in 2001 so a long time ago.

Im 90% sure they arn't mine and simply wanted the bank to substantiate the data by providing a copy of the executed credit agreement.

Hiya

Ok, well I have been the victim of ID Fraud in the past, ergo my original post here over a year ago - its been over 3 years of fighting to clear my name and the 10 cifas entries, 50 false accounts (£150k almost) plus over 500 searches.

Not trying to put a damper on things, moreso letting you know that it is no easy feat and the main point of contact for amendments to incorrect entries is as I previously stated, with the CRA's - NOT the lender (the CRA's go to the lender on your behalf).

Regardless of if they are 10 years old, you'd know if you opened the accounts, right? If not then you should be sending this to the lender: You know nothing of the Debt / Prove It

never-in-doubt

scarednshakin wrote: »

Good morning Niddy n gang, hope you are all well

Niddy can you advise what letter to send out, unenforceable account has been passed to Fredricksons, sent letter to them Account sold while in dispute. They wrote back saying that they would refer to client. Today got letter from Fredricksons with copy of same unenforceable CCA, nothing else, what do I send back?

Thanks Mrs SNS

Hiya

Send this: Refusal by Lender/DCA - to accept Unenforceability

Snapp3r

Hi thanks for your help so far.

For a bank or CRA to substantiate the data for settled accounts is it up to the banks discretion as to how they substantiate? Just wondering, if I fire off a letter asking them to substantiate, then could this amount to just a simple letter from the bank itself, seeing as I cannot rely on s. 77 and 78 of the CCA 1974 for a true and certified copy of a credit agreement?

PS - sorry for the excited use of the word 'substantiated'!

never-in-doubt

Snapp3r wrote: »

Hi thanks for your help so far.

For a bank or CRA to substantiate the data for settled accounts is it up to the banks discretion as to how they substantiate? Just wondering, if I fire off a letter asking them to substantiate, then could this amount to just a simple letter from the bank itself, seeing as I cannot rely on s. 77 and 78 of the CCA 1974 for a true and certified copy of a credit agreement?

PS - sorry for the excited use of the word 'substantiated'!

At the end of the day, if you never took the account then you have to prove you never, the bank may well argue this but lets assume you can prove (by electoral register or utility bills etc) that you never lived at the address the accounts were taken out at, then it'd be easier to "substantiate" from your end - right?

You need to start by complaining to the CRA's, they will then contact the lender and query the accuracy of the accounts, the lender will then respond to the CRA who will show you the lender response to which you will then be given details of what to do, whether it be to formally go via the lender or they may agree to remove the accounts.

As they are settled they really don't affect you that much.... it could simply be a case of data mis-match whereby the CRA have added them to your profile, accidentally.

Now, does that make sense? This really needs its own thread if the questions are to continue cos it is not relevant to this thread, in all honesty....