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Unenforceability & Template Letters III

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  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    edited 1 March 2010 at 12:50PM
    DGJsaver wrote: »
    Ok mate , cheers will do , should i aslo send it to bloan seeing as they arent bothering to reply at all (other than with the unenenfocable documents we talked about..) ?

    How long are you leaving the lender mate, to respond?

    You do realise that acting too quickly will be a problem for you at later stages? i.e. you need to give them ample time to reply, if this means 2 months - then wait! If you jump the gun you're showing them what your intentions are prior to actually calling on them....

    Also it takes a while to get archived stuff, so I say give the lender at least a month between letters - last thing you want to do is assume unenforceability then 2 weeks later a CCA turns up....:eek:

    Calm down and give them at least 30 days in between each letter you send now - after all, this is closure - not CCA requesting mate so timescales go out the window! :rotfl:

    p.s. let them come at you 'vigorously' or otherwise mate - they may think they scare you guys, but they don;t reckon on me sat here giving the advice - they won't scare me as easily - to$$ers lol
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    KipKip wrote: »
    Thanks NID

    I have a default on a different account already ... :mad: so thought may as well go for it seeing as my credit's terrible anyway! what do u think?

    Ok, go for it then lol..... any other accounts or just this one? :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • midastouched_2
    midastouched_2 Posts: 35 Forumite
    edited 1 March 2010 at 1:04PM
    Thanks NID. I'll get those letters out this afternoon by recorded delivery. Do I send them to the name I now have in the collections department or to my branch? Just to clarify, I have no other debts apart from the ones listed and have opened another account with the RBS with just a debit card. No more credit for me!

    Regarding the address issue - my wife has financial woes of her own due to her business going belly-up and all my mail is being forwarded on to me to a friends address at the moment. Our split-up has nothing to do with finances and is pretty amicable so it shouldn't be a problem.
    :beer:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Thanks NID. I'll get those letters out this afternoon by recorded delivery. Just a quick query - do I send to the name i now have in the collections department or to my branch?

    :beer:

    To whoever owns the debt, so in your case it will be:

    Customer Service Recovery Centre
    General Banking
    Lloyds TSB
    2 Brindleyplace
    Birmingham
    B1 2AB

    (http://www.lloydstsb.com/contact_us/complaints_procedure.asp)
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • KipKip_2
    KipKip_2 Posts: 315 Forumite
    Ok, go for it then lol..... any other accounts or just this one? :D

    Nope just this one, this is my last debt account - the balance of my loan - which before I found this thread i was saving & saving & saving to pay it off ASAP as I want to go back to college in September...:T
    I have learnt from my in-debt days....never again!
  • DGJsaver
    DGJsaver Posts: 2,777 Forumite
    How long are you leaving the lender mate, to respond?

    You do realise that acting too quickly will be a problem for you at later stages? i.e. you need to give them ample time to reply, if this means 2 months - then wait! If you jump the gun you're showing them what your intentions are prior to actually calling on them....

    Also it takes a while to get archived stuff, so I say give the lender at least a month between letters - last thing you want to do is assume unenforceability then 2 weeks later a CCA turns up....:eek:

    Calm down and give them at least 30 days in between each letter you send now - after all, this is closure - not CCA requesting mate so timescales go out the window! :rotfl:

    p.s. let them come at you 'vigorously' or otherwise mate - they may think they scare you guys, but they don;t reckon on me sat here giving the advice - they won't scare me as easily - to$$ers lol


    Ok mate , this is what i think we will do ;

    1) Reply to BARCLAYCARD with the DEBTORS FINAL RESPONSE who HAVE responded to CCA requests AND Dispute letter with the curt cut off reply i mentioned earlier , i would like to do this as it will draw a line from our end , much as they have done from their end....from then on , i will file all correspondence until such time a enforcable CCA turns up......

    2)Leave Barclaloan well alone until i receive further correspondence from them, then BEFORE sending the DEBTORS FINAL RESPONSE i will come on here and ask what you think at the time

    3)When we do inevitable receive chasings from Scotcall/Mercers/Resolvecall etc is there a template letter somewhere saying this account is in dispute !!!!!! off...? if so , is it the same one we would send if bcard eventually sell the account off (even if still in disupte...) ?


    Cheers mate , as always
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    KipKip wrote: »
    Nope just this one, this is my last debt account - the balance of my loan - which before I found this thread i was saving & saving & saving to pay it off ASAP as I want to go back to college in September...:T

    But you know you'll get defaulted here? thats like 6 years for a £8k debt, i.e. its costing you a default for slightly more than a grand a year? :eek::eek:

    What I mean is, usually we say to people if you have a debt that you cannot pay back in the same time as a default then consider it - i.e. £40k of debt would mean paying back £6-7k per annum for 6 years so it'd be easier to walk away and get the default. In your case i'm really struggling to grasp why you'd ruin your credit for a simple (small) default...?

    But anyway, that is up to you - I just have to make you aware of it... :p
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    DGJsaver wrote: »
    Ok mate , this is what i think we will do ;

    1) Reply to BARCLAYCARD with the DEBTORS FINAL RESPONSE

    Ok, agreed. :D
    DGJsaver wrote: »
    2)Leave BarclayLoan well alone until i receive further correspondence from them, then BEFORE sending the DEBTORS FINAL RESPONSE i will come on here and ask what you think at the time

    Ok, agreed mate :D

    DGJsaver wrote: »
    3)When we do inevitable receive chasings from Scotcall/Mercers/Resolvecall etc is there a template letter somewhere saying this account is in dispute !!!!!! off...? if so , is it the same one we would send if bcard eventually sell the account off (even if still in disupte...) ?

    Thanks for reminding me, I need to make a template for this and will do so later.... can you nudge me if I forget lol. I do need to create a generic letter to send back to people telling them to go forth and multiply - i'll probs do it toward the end of the week mate. :D:D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • KipKip_2
    KipKip_2 Posts: 315 Forumite
    But you know you'll get defaulted here? thats like 6 years for a £8k debt, i.e. its costing you a default for slightly more than a grand a year? :eek::eek:

    What I mean is, usually we say to people if you have a debt that you cannot pay back in the same time as a default then consider it - i.e. £40k of debt would mean paying back £6-7k per annum for 6 years so it'd be easier to walk away and get the default. In your case i'm really struggling to grasp why you'd ruin your credit for a simple (small) default...?

    But anyway, that is up to you - I just have to make you aware of it... :p

    Hmmmmmmm I know what u mean :o I was only considering it coz my credit's pretty much ruined anyway

    Maybe I should reconsider it....

    I'll have a think :)
    I have learnt from my in-debt days....never again!
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    KipKip wrote: »
    Hmmmmmmm I know what u mean :o I was only considering it coz my credit's pretty much ruined anyway

    Maybe I should reconsider it....

    I'll have a think :)

    Ok, you say your credit is ruined - how exactly? If you have other defaults, who with and how much for and how long is left?

    Final point, do you bank with Abbey? if so you need to move away cos they will dip into this for the loan repayments (right of setoff - RoSo) :D

    If you're already in debt for like the foreseeable future then it can do no harm, i've just got to make you aware of the fact they will default you....
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
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