Unenforceability & Template Letters III

BorassicLint

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Slickfm

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:

Morning Niddy, Very useful information this:T:T:T Cheers!

scarednshakin

Morning Niddy, hope you are well Nothing to report, have even gone a day with no post at all, never had that before. I know they will all arrive on the same day, but enjoying the peace while it lasts.

Hope everyone has a good day

jadex

I'm lost and need some guidance.
It's about Barclaycard and Mercers.
I have completed all the process and sent final response to Barclaycard, also Mercers got their "no-door-step visit" and "account sold whilst in default of cca request" letters and it went quiet.
Then letter from Mercers pop up titled: 48 HOUR NOTICE.
It states:

Despite all of our previous communications, you have ignored our demands for payment to your long overdue account.
We will now pass your account to a debt collections firm in your area and a local representative may call at your address to obtain payment of your debt.
PHONE 0844.... NOW!
You only have 48 hours to stop further action

Needless to say, the letter is dated 3rd June.... so 48 hours have passed long before I received it.
Anyway, it is not a problem per se as I am not afraid of any visit (although I am known to lose my temper and would prefer to avoid any arguments in front of my kids) and they will quickly be shown the way out, but I feel am running in circles with those erm... professionals :mad::laugh: .
Should I send them
Refusal by Lender/DCA - to accept Unenforceability
and re-send again
Threat of Doorstep-Visit and Account sold - whilst in Default of CCA Request
plus attach the copy sent to Barclaycard: Debtors Final Response - CCA Received ?

TIA :wave:

monlou

Hi Nid & Everyone

My Mum had a card come through the post from RMA (Risk Management Alternatives) regarding the Barclaycard. It says that ''i will be contacting u on Friday between 8am-8pm''. has anyone had a card from these guys? does it mean she will be getting a visit or is someone going to telephone between these times? we have sent the final response letter but they have not bothered to acknowledge it.
Mum is a bit worried that she is going to get a visit on Friday i told her not to open the door under any circumstances.

never-in-doubt wrote: »

Hiya

Not yet - you ignore both and wait and see what they send back. The final response is only sent when the lender/dca send you a final response. At the moment, they are in default and the accounts are and remain unenforceable until such time they do respond. So you just sit and wait.

in_to_deep

hi monlou & jadex
i have had the same letters from both there just threats they did not turn up if they do dont answer the door there is nothing they can do:rotfl:

monlou

Thanks for the info:T

in_to_deep wrote: »

hi monlou & jadex
i have had the same letters from both there just threats they did not turn up if they do dont answer the door there is nothing they can do:rotfl:

never-in-doubt

Hiya

Regards to these cards that are being left for people - let me clarify, the wording clearly states "We MAY send" not "We WILL send" - it is a threat to get you to ring.

All you need to do is send this: Threat of Doorstep-Visit

Then ignore the door that day - they have no rights, see here for full details: Dealing with Bailiffs Harassment

It is a blind threat - they have no legal powers and you can have them removed by calling 999. They are trespassing once you ask them to leave.

Stop worrying, they cannot do jack squiddly squat to you :rotfl:

yorkieboy1508

Hi,
I received a terms and conditions agreement with my name and address on it from capital One via DCA NCO in response to my CCA request. The agreement looks enforceable according to the flowcharts except there are no signatures or signature boxes anywhere on the agreement. Capital One stated they have fulfilled my CCA request and will not be entering into any more correspondence with me.

I sent the CCA Dispute - Copy Document Suppliedto Capital One and received a response last week saying they are looking into my query. Still haven’t received anything back from them with my signature on it.

The Credit Card is already defaulted and I had a repayment agreement in place with the DCA. The DCA have now sent me a letter saying I’m in breach of my repayment agreement, the full balance is now outstanding and if I don’t contact them to arrange another repayment agreement they’ll be taking legal action to recover the full outstanding debt.

What’s my next move? Do I accept the agreement as enforceable even though there are no signatures and arrange another repayment plan or should I respond to the DCA with another template and continue not making any payments?

Thanks In Advance

Cashola

never-in-doubt wrote: »

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.....

Hi Niddy,

Thanks for your reply, you really are a star!

I didn't find a CCJ, but I only checked my current address on the website (trustonline.org) you gave me, as they charge 8 quid a pop.

But according to my credit file on Experian (which goes back about 5/6 years of addresses) there are no CCJ's on that, so I hope it's safe to assume there have been none for 6 years at least. If there are CCJ's from before this time, then does that count?

My biggest concern is if they can do anything to my credit file now 10 years have elapsed since the last acknowledgement. I'm in th process of buying a flat you see and if the mortgage fell through I will feel dreadful to my OH :-S