Unenforceability & Template Letters III

never-in-doubt

chinawhite wrote: »

Hi Nid

You kindly had a look at an MBNA CCA for me and following this I sent CCA query (document wasnt signed by them) in December. I sent another copy of this with a telephone harassment at work letter on 26th May with section about signature highlighted.

This morning I have received 2 letters from them, one is notice of a potential court order on my property :eek: eeeeekk !! The other is advising that a default is due to be registered and that the account will be sold on to a third party.

What do I do now, do I just sit tight and ignore these letters ?? The one about the potential court order is a bit scary , can they actually do this ???

thanks CW

Hiya

stop worrying, they cannot obtain judgement on an unenforceable debt - send this: Threat by Lender / DCA - To commence legal action for a Charging Order

Its the new template, as MBNA make a habit of doing this, ergo always check page 1 cos the templates have been updated to suit recent trends!

My signature confirms the provisions that protect you.

never-in-doubt

scarednshakin wrote: »

Good morning Niddy n gang, hope you are all well

Am avoiding the cut n paste tools today

Niddy BLS have been sending lots of letters asking for payment. Requested CCA back in March and have had various letters from the bank saying that they are looking into it (or maybe they are cutting and pasting).

Anyway had been paying BLS and stopped when no CCA was forthcoming, would I send out Refusal by Lender/DCA to accept Unenforceability letter to them?

Thank you and hope you are having a good day

Hiya

Send the letters as per template checker / flowcharts on page 1 - so you'd be sending s.10 template here: CCA Dispute - s.10 Cease & Desist

The template you mention is the last resort, i.e. after the final response.

fedupwiththeworry

Further to 3550

Yesterdays post arrived:

Cap One have replied saying they are looking into the situation and will try and reply within 4 weeks, so sitting tight on that one.

DCA re Halifax have replied stating they are the creditor and do not hold the document on site & are in the process of retrieving. In the meantime no enforcement action will be taken and I should still make payments. So am sitting tight on this one too and no payments will be made.

That's all for now :-)

never-in-doubt

jamespounder1 wrote: »

Hi,

All of my creditors are now on a payment plan, unfortunately I need to renegotiate with them as my wife has been made redundant.

Is the fact that i've already paid a few payments on a payment plan stop me from going down the enforcable route...

Thanks in advance

James

See below from Fitzer:

Fitzer2000 wrote: »

Hi James, From what I understand you may need to cancel you DMP with Payplan and manage the "enforcable" debt payments yourself.. You can still go down the unenforcable route. I'm in a similar position and am currently awaiting a response from 3 CCA's I sent off last week. I'm sure Niddy The Great can clarify. Would hate to give you incorrect advice.

Send off the CCA Request template and continue paying this month, then see what they send back - you cannot do this on bank accounts or accounts opened after April 2007.

Post back once you have something back from when you send the CCA Requests.

Thanks Fitzer.

chinawhite_2

never-in-doubt wrote: »

Hiya

stop worrying, they cannot obtain judgement on an unenforceable debt - send this: Threat by Lender / DCA - To commence legal action for a Charging Order

Its the new template, as MBNA make a habit of doing this, ergo always check page 1 cos the templates have been updated to suit recent trends!

My signature confirms the provisions that protect you.

Hi
Thanks for the quick reply and the advice was starting to feel a bit sick . Will get letter sent off

thanks again !!!!
CW

fedupwiththeworry

Further to 3669

Todays post brings the following:

DCA re Barclaycard Visa have replied stating they are the creditor and do not hold the document on site & are in the process of retrieving. In the meantime no enforcement action will be taken and I should still make payments. So am sitting tight on this one and no payments will be made.

DCA re Ge/ASDA have replied stating they are the creditor and do not hold the document on site & are in the process of retrieving. In the meantime no enforcement action will be taken and I should still make payments. So am sitting tight on this one too and no payments will be made. This follows on to where they had used the £1.00 fee against the account and following Niddy's advice I sent out the CCA reminder.

That's todays update :-)

swanfan02

Hi Niddy, letters from Barclayshark & Collect Direct(again):mad: Will post later in the w/e as nothing can be done until Monday anywho & i am now off down the pub for a beer, then another....:rotfl::beer::beer:

never-in-doubt

fedupwiththeworry wrote: »

Further to 3550

Yesterdays post arrived:

Cap One have replied saying they are looking into the situation and will try and reply within 4 weeks, so sitting tight on that one.

DCA re Halifax have replied stating they are the creditor and do not hold the document on site & are in the process of retrieving. In the meantime no enforcement action will be taken and I should still make payments. So am sitting tight on this one too and no payments will be made.

That's all for now :-)

Thanks for the update, as you rightly point out it's a case of sit and wait for the time being..... keep us updated.

never-in-doubt

swanfan02 wrote: »

Hi Niddy, letters from Barclayshark & Collect Direct(again):mad: Will post later in the w/e as nothing can be done until Monday anywho & i am now off down the pub for a beer, then another....:rotfl::beer::beer:

Okies matey - i'll be back tomorrow night so will look then if you're around? Have fun in the sun/pub won't-cha?

Sunday, is my day in tu-pub so nooooo checking anything then :beer: :beer: :beer:

never-in-doubt

fedupwiththeworry wrote: »

Further to 3669

Todays post brings the following:

DCA re Barclaycard Visa have replied stating they are the creditor and do not hold the document on site & are in the process of retrieving. In the meantime no enforcement action will be taken and I should still make payments. So am sitting tight on this one and no payments will be made.

DCA re Ge/ASDA have replied stating they are the creditor and do not hold the document on site & are in the process of retrieving. In the meantime no enforcement action will be taken and I should still make payments. So am sitting tight on this one too and no payments will be made. This follows on to where they had used the £1.00 fee against the account and following Niddy's advice I sent out the CCA reminder.

That's todays update :-)

Hiya

Ok, so as last post to you - well done, just sit tight and see what develops, so long as they do send the CCA's, that's all that matters really.....