Unenforceability & Template Letters III

5corpio

BeenieCat wrote: »

Loads! I had like 200 calls in less than a week from both Barclaycard and CapQuest.

It's BLISS now, my phone hardly ever rings, although i still get the odd one from Lowells who've recently come on the scene.

I dont give them my number, less hassle that way, ( i sometimes call them a few days later, and ask to look at the notes on their system and tell me what the last conversation was about (they can't as they never made a note - lol). or do what i have done in the past, put them hold and enjoy a movie or eat your dinner (see if they hung up - as they aren't suppose to if they called you - lol). They dont need a contact number anyhow, Alongs that they have your current address where you reside at, they can contact via writing/mail.....

elsie52

Hi everyone.

No Niddy today as yet, he must be having a well deserved day off.:beer: Hope you are enjoying the sunshine everyone.:D:D

never-in-doubt

discojam wrote: »

Hi NID, thanks for your reply.

I understand completely why you can't asssit with that decision, I've decided I'm going to send them my budget (SOA?) and what I can afford to pay per month.

Can I just ask something, if I offer to repay - now that I know for sure they own the debt and its enforceable - what are the chances of a DCA taking you to court? And if they did take me to court and I couldnt afford to pay off the total debt in 30 days would the CCJ be applied if I sent off the paperwork etc in time with what I could afford to pay?

Sorry, I know a CCJ hasnt happened yet and I'm posting off the letter with my proposed payments to them but I guess I just want to know how often they would go down that path if you're making payments to them?

I've been reading up online and there's nothing really that says what triggers them going down that route?

Thank you for any light shed on this

If you offer to repay and they accept then course they will take no formal action. They will not be allowed to obtain a CCJ whilst an offer of repayment was pending/accepted

Regards to the SAR issue, simply request this if you want to reclaim charges.

never-in-doubt

jennyD wrote: »

hello i'm in a right pickle and i just cannot rob peter to pay paul anymore and it got to a point and embarrassing borrow from my own kids, i got a lloyds visa via one of them letters saying i qualified for a £4000 credit card about 10 years ago, then whenever it came to me maxing out on it they never asked they just increased it by about £3000 a time until it got to £15000 which i have been paying £300 of which £226 is interest.

i had a job at the time but about 7 years ago my husband had a back operation and needs care so all i get is £55 care allowance my husband, he is not working anymore the money we get does not cover our debt.

this month i paid them £100 and tried to explain my situation but it fell on deaf ears, i cried and just felt like giving up until i was pointed here for help.

because my husband has defaulted on his dedts due to losing his job my credit rating has been affected as well.

i like to know do i stop paying or some money and send a request for CCA, or is a different letter for lloyds?

i honestly have to thank people here for any advise because you will never understand how close to doing something very stupid because i felt trapped.:(

Hiya

Lloyds is the same as everyone else, if you go down the CCA route you'll get defaulted - bear that in mind...

So you start the ball by sending this: CCA Request if you're skint then obv stop paying.....

When you get whatever back from Lloyds, with the CCA then post back and we'll advise as appropriate.

But stop worrying and stop borrowing money to pay them, there is no need.

never-in-doubt

jennyD wrote: »

send that tomorrow thanks, sorry for being a pest do i use on lloyds visa address on the statement or is there another address needed.

jen

Always send to the address of owner so in your case it will have to be sent to the statement address.

jen_br wrote: »

Actually sorry if this is your FIRST letter then its:

Card Services


Department Account services


1-5 Queens Road Quadrant


Brighton

BN1 3XJ

Really? Isn't this the address for accounts that are already in dispute? Obviously the card holder wouldn't be attached to a complaint handler at this point, personally i'd stick to the address used from the previous correspondence as most banks have varying addresses and not generic ones like before.

I s'pose it doesn't really matter where you send it but get into the habit of always sending things to the address of last communication, wherever that may be - legally this covers you more than say sending a letter to your branch, in response to a head office letter iyswim.

never-in-doubt

Planty79 wrote: »

Hi NID

Thanks for help so far

just checking what I'm doing is correct

CCA requests sent to Fairfax on 5th May, get another letter not mentioning them on 10th May, called them and they denied ever receiving my letter (signed for on 7th May according to Royal Mail Tracking)

faxed over proof of postage and they magically found my letter and statutory payment

not received any reply as yet

so sending the CCA reminder letter today by recorded delivery

Does that all sound about right?

Sounds good to me

never-in-doubt

Rayce wrote: »

Do you think that now is the time to speak to the FOS?

Something isn't right here - I do think you need to take things firther and get exact clarity before proceeding with any CCA as you could already have killed that option with whatever has happened here.

Sorry, but you really need to dig deep and find answers here

Good luck.....

never-in-doubt

scarednshakin wrote: »

Good morning Niddy n gang, hope you are all well today.

Niddy I answered your email, thanks for checking it out so quickly. Something else was bothering me about this one last night so I checked it out today and I will email.

Have a great day everyone

Hiya

Seen emails, will respond soon - just catching up here

jen_br

never-in-doubt wrote: »

Always send to the address of owner so in your case it will have to be sent to the statement address.



Really? Isn't this the address for accounts that are already in dispute? Obviously the card holder wouldn't be attached to a complaint handler at this point, personally i'd stick to the address used from the previous correspondence as most banks have varying addresses and not generic ones like before.

No there is a different address for cards in dispute i had posted that first but deleted it!

never-in-doubt

5corpio wrote: »

Hi NID

Hope you is well

I received a letter this morning from Cap One (whom i sent the letter to Debt Recoveries & Investigations ltd as they have been dealing with it), thanking me, in writing to them about the account. (Letter stage 1 sent on the 20th May)

* Cheque has not been cashed (as yet)

Cap One Letter quoted:

'Its going to take us a little while to look into your situation and come back with an answer to you with a detailed response. We'll do everything we can to get an answer to you within four weeks of this letter.

If for some reason our investigations take longer than four weeks, we'll contact you to tell you why this is

Thank you for being patient while we collect the information we need

Head of Executive Repsonse Centre'


Q: DO I follow on with the 2nd stage letter, with regards to my 1st letter that i sent to them on the 20th May, giving the stated 12+2 days to respond? only for them to send the above quote

kind regards

Hiya

You sit and wait! It is unenforceable until they respond so stop paying and wait for a response - if it takes 6 months or 1 week, doesn't matter - just wait!