Unenforceability & Template Letters III

Utopia

Thanks again Nid for your brilliant templates.:T
Your guidance is truely, truely appreciated.
Take care of you. :beer:
X

-MRS_T-

Just want to say thanks again nid for all your advice and for taking the time to look through my letters its most appreciated :-)

Rainbow_Liberty

Nothing to report re unenforceability but still like to say hi so you know I'm not cutting and running.

Btw re credit card charges I noticed on my Capital One account that the balance had gone down to what I thought I owed, checked it and there have been "Misc Refund of Transactions" £259. I have asked for £395 and I haven't heard back from them at all but I guess that this must be something to do with it.

*Pollypocket*

Hello all Fantastic thread, I have to keep logging on to keep up with the latest goings on.

My LTSB debt was passed onto their solicitors about a month ago, I replied straight away but am yet to hear. They can take as long as they like though :rotfl:I'm in no rush.

I was under the impression that once the debt had been passed on that interest usually stopped, they are still charging a whopping £200 a month. Is it just me?

Hopefully with Niddy's fantastic guidance I can get away with unenforcability, so this shouldn't really matter. But I was just wondering....

never-in-doubt

Cashola wrote: »

Anyway, it's time I sorted this out and was recommended to send the Statute Barred letter by some of guys on here (big thanks ) - but someone mentioned that there could be a CCJ, in which case I guess it's not Statute Barred anymore? Could that be the case? And if so what could happen to me? Can I be defaulted (or affect my credit file) for a debt this old?

I just want to be sure before I send the letter

Thanks experts!

Hiya

This is the SB letter you send: Statute Barred Debt - England

Regards to there being a CCJ, you have to presume there is not - however to be certain, enter details here - http://www.trustonline.org.uk/

I'd not worry about a CCJ, even if they have added one - so long as it's expired (after 6yrs) then it'll be hard for the DCA to get it extended..... i'd send the SB letter and check registry trust for any CCJ's that you may have.....

never-in-doubt

thepedestrian wrote: »

Hi - I sent a request for the CCA and they returned paperwork to me which did not contain my signiture in any box ( no box at all actually ) just 3 pages of T a C`s ( this alleged agreement was pre 2007 )


Regards

Signature not required - have you read this: Frequently Asked Questions - Unenforceability Related

The lack of signature does not render an agreement unenforceable - what else is missing, you need to be looking at the Prescribed Terms and my flowcharts on page 1.....

never-in-doubt

*Pollypocket* wrote: »

Hello all Fantastic thread, I have to keep logging on to keep up with the latest goings on.

My LTSB debt was passed onto their solicitors about a month ago, I replied straight away but am yet to hear. They can take as long as they like though :rotfl:I'm in no rush.

I was under the impression that once the debt had been passed on that interest usually stopped, they are still charging a whopping £200 a month. Is it just me?

Hopefully with Niddy's fantastic guidance I can get away with unenforcability, so this shouldn't really matter. But I was just wondering....

I think you'll find that the lender has not sold the account, moreso requested another firm collect for them - ergo interest will be added. If unenforceable you're right, it doesn't matter what they add on (in charges) - if it is enforceable, then we simply do a reclaim as found here: http://www.moneysavingexpert.com/reclaim/credit-card-charges?dd

To try and explain, think of it as a point when the lender sells the debt to a DCA, the DCA doesn't actually charge interest because the money isn't really there - its all on paper, ergo they never lent to you and cannot charge interest - it is only when things are with the lender that silly charges get added that is why I suggest letting the lender sell the account before making arrangements to pay because the DCA pay upto 15p in the £1 for debt reconcilliation meaning you can haggle to say 25p in the £1 and they still make a profit, obviously the actual lender wants full repayment - wouldn't you?

The lender does not always sell the account as a bad debt/business loss. Sometimes they simply assign the debt to a DCA to collect on their behalf, this can allow you to think that the DCA is the new owner but basically they pass everything back to the lender, as they are only acting on the lenders behalf and have no legal powers, your credit file will also show the lender as the owner - when it has been sold to a DCA, then the lender will drop off and a new default appears from the DCA (same start date and amount) as the lenders which confirms that the DCA is the new owner.
Hope that makes sense? :beer:

never-in-doubt

-MRS_T- wrote: »

Just want to say thanks again nid for all your advice and for taking the time to look through my letters its most appreciated :-)

Utopia wrote: »

Thanks again Nid for your brilliant templates.:T
Your guidance is truely, truely appreciated.
Take care of you. :beer:
X

Thanks you guys - appreciate the nice comments :beer: :beer:

garwil

never-in-doubt wrote: »

I think you'll find that the lender has not sold the account, moreso requested another firm collect for them - ergo interest will be added. If unenforceable you're right, it doesn't matter what they add on (in charges) - if it is enforceable, then we simply do a reclaim as found here: http://www.moneysavingexpert.com/reclaim/credit-card-charges?dd

To try and explain, think of it as a point when the lender sells the debt to a DCA, the DCA doesn't actually charge interest because the money isn't really there - its all on paper, ergo they never lent to you and cannot charge interest - it is only when things are with the lender that silly charges get added that is why I suggest letting the lender sell the account before making arrangements to pay because the DCA pay upto 15p in the £1 for debt reconcilliation meaning you can haggle to say 25p in the £1 and they still make a profit, obviously the actual lender wants full repayment - wouldn't you?

The lender does not always sell the account as a bad debt/business loss. Sometimes they simply assign the debt to a DCA to collect on their behalf, this can allow you to think that the DCA is the new owner but basically they pass everything back to the lender, as they are only acting on the lenders behalf and have no legal powers, your credit file will also show the lender as the owner - when it has been sold to a DCA, then the lender will drop off and a new default appears from the DCA (same start date and amount) as the lenders which confirms that the DCA is the new owner.
Hope that makes sense? :beer:

Good Morning NID
Just to say thank you for the above explaination regarding the DCA's. It is very easily understood.:T

*Pollypocket*

garwil wrote: »

Good Morning NID
Just to say thank you for the above explaination regarding the DCA's. It is very easily understood.:T

Me too, thank you Niddy! Very well explained, as usual