Unenforceability & Template Letters III

BigCraigJohn

Found this funny. Capquest and tfc(apparently both the same company) had sent about 8 letters over three weeks, kept refering to there previous letters all dated wrong, getting all the letter heads confused between the 2. So I sent them 2 passed on while in dispute letters 1 address to ftc the other to capquest in the same envelope. Today received 2 replys in the same envelope saying they had referred it back to there client who will be in touch with me direct.
Ah well guess thats what I wanted, just find it funny that such a company can be so unorganised as to use different company names while contacting and even get every single date wrong.

Is there any theory as to how soon a debt is actually sold on?, i'd heard 6 months and 12 months mentioned.

never-in-doubt

sadg wrote: »

Hi Nid.
Thanks for earlier pm.

Just a quickie on another account I'm fighting which I asked your advice on.
It was the Capital One account.
Capquest (working for Robinson Way) contacted me 9/4/09 about it and I sent them a CCA request which I never received. Now Robinson Way are after me and you advised me (through PM) to send the reminder which I sent on the 1/6/10.
I have now received two letters since that date and the most concerning one is the home visit one dated 9/6/10.
I'll post them below.

Did you miss this yesterday? #3842

It clearly says we MAY visit! Not we WILL. Ignore it or send this to them! Threat of Doorstep-Visit

never-in-doubt

sadg wrote: »

Letter 2

Ignore this - do as above suggests

never-in-doubt

BigCraigJohn wrote: »

Is there any theory as to how soon a debt is actually sold on?, i'd heard 6 months and 12 months mentioned.

Whenever the lender feels like it - no timeframes, its upto them!

GF69

Hey everyone,

It's my first time (oo-er, missus!), so be gentle with me. Wasn't sure if I should start a new thread or just continue this one, so apologies if I've got it wrong.

Have been battling debt for a long time now, and am currently paying off Goldfish at £98.00pm, and Barclaycard at £95.00pm. I negotiated a reduction in repayments with both GF and BC at the start of the year (of about 50%) because I was trying to live on a meagre % of my wages. I'm now struggling again, due to unforseen bills (dentist, rent hike, etc) and now can't afford to make payments at all.

I intend to investigate the unenforceabilty of these CC debts, as both were taken out around 1996/7. Never missed a payment on either card til January this year. I know my credit rating is already affected, as I was told at the time that the reduction in repayments would impact, so I can't see what I stand to lose.

As I also bank with Barclays, I guess it would make sense to open an account elsewhere, to avoid 'set off'.

The fantastic flow charts/ templates tell me how to start the ball rolling, etc, but thought I'd check it out as the best way forward in case I've overlooked anything.

Thank you all.

carol01

hi n-i-d
hi everyone
i have had a letter from halifax today ref post http://forums.moneysavingexpert.com/showpost.html?p=32511965&postcount=2455 it says by providing you with documents attachted to this letter and our pervious letter, we have satisfied our obligation to provide a copy of the executed agreement under section 78 and section 60/61. as such the agreement you have with us is fully enforcable and we shall continue to treat it as such. we will not be entering into any further correspondence with you regarding the requirments relating to the provision of the copy.
they have attached the agreement again to the letter what do you think n-i-d does this make it enforcable
thanks in advance carol

Fitzer2000

Hi GF, Just started NID's process almost three weeks ago now and am awaiting a response from my creditors. You've come to the right place for help and support. The guys on here are very supportive and helpful. I don't have enough words in my vocabulary to thank NID for the help he provides people. If you get a chance take a look through "Afraid for my Future" thread. It inspired me to take my head out of the sand and I'm really looking forward to the battle ahead. I can't wait to shaft the bankers the way I've been shafted in recent years. If you follow NID's templates and report on progress there's lots of people here to support you. Well done for posting and hope to see you here again.

never-in-doubt

carol01 wrote: »

hi n-i-d
hi everyone
i have had a letter from halifax today ref post http://forums.moneysavingexpert.com/showpost.html?p=32511965&postcount=2455 it says by providing you with documents attachted to this letter and our pervious letter, we have satisfied our obligation to provide a copy of the executed agreement under section 78 and section 60/61. as such the agreement you have with us is fully enforcable and we shall continue to treat it as such. we will not be entering into any further correspondence with you regarding the requirments relating to the provision of the copy.
they have attached the agreement again to the letter what do you think n-i-d does this make it enforcable
thanks in advance carol

Nope changes nothing - send this - Debtors Final Response - CCA Received

never-in-doubt

GF69 wrote: »

Hey everyone,

It's my first time (oo-er, missus!), so be gentle with me. Wasn't sure if I should start a new thread or just continue this one, so apologies if I've got it wrong.

Have been battling debt for a long time now, and am currently paying off Goldfish at £98.00pm, and Barclaycard at £95.00pm. I negotiated a reduction in repayments with both GF and BC at the start of the year (of about 50%) because I was trying to live on a meagre % of my wages. I'm now struggling again, due to unforseen bills (dentist, rent hike, etc) and now can't afford to make payments at all.

I intend to investigate the unenforceabilty of these CC debts, as both were taken out around 1996/7. Never missed a payment on either card til January this year. I know my credit rating is already affected, as I was told at the time that the reduction in repayments would impact, so I can't see what I stand to lose.

As I also bank with Barclays, I guess it would make sense to open an account elsewhere, to avoid 'set off'.

The fantastic flow charts/ templates tell me how to start the ball rolling, etc, but thought I'd check it out as the best way forward in case I've overlooked anything.

Thank you all.

Hi and welcome,

So long as you're not a bank employee then you're more than welcome!

The process, as you say is simple if you follow the charts, yes open a new account away from the barclays group to avoid RoSo and then send £1 and this to each creditor - CCA Request

Then when they respond, scan the CCA and email it me and i'll check it for you, unless you're happy to do it yourself...

Best of luck, whatever you do no phone calls and no more payments to them - you must cease totally until you get back the CCA.

GF69

Fitzer2000 wrote: »

Hi GF, Just started NID's process almost three weeks ago now and am awaiting a response from my creditors. You've come to the right place for help and support. The guys on here are very supportive and helpful. I don't have enough words in my vocabulary to thank NID for the help he provides people. If you get a chance take a look through "Afraid for my Future" thread. It inspired me to take my head out of the sand and I'm really looking forward to the battle ahead. I can't wait to shaft the bankers the way I've been shafted in recent years. If you follow NID's templates and report on progress there's lots of people here to support you. Well done for posting and hope to see you here again.

Thanks, F2000, certainly feel confident that I've come to the right place. Like you, I feel that the 'Money Men' have had their pound of flesh, and it's time we fought back. Why should I be living on rations when the fat cats just get fatter...