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Unenforceability & Template Letters III

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  • St0lli
    St0lli Posts: 594 Forumite
    Part of the Furniture
    Hi Niddy, I didn't want you to think I was neglecting you so I've got another query :j
    Just to recap... Lloyds TSB haven't supplied a correct CCA and I responded with a letter telling them I wanted an exact copy and not a typed agreement blah blah.
    They responded with a Final response to which I sent another letter which you kindly drafted. They then instructed SCM solicitors and I sent them a letter saying this account is formally in dispute etc. LTSB have since written saying they are looking into my complaints and will need a further 30 days to respond to me (this is in addition to the first 30days they required)
    .
    And now today... I've received a statement from LTSB saying that as my account is seriously overdue they have appointed a debt collection agent MHA collections. Now my understanding is that MHA are in fact part of LTSB?

    What do you recommend as my next course of action? Should I wait to hear from MHA and then send them an indispute letter and copy of the complaint being looked into? Or option b... ignore them?

    Sorry if its a bit incoherent so if you need clarification please let me know.

    What a pain LTSB are! But then so are MBNA, CitiCard... and the list is endless!:rotfl:
    Light Bulb Moment 4th January 2009 :eek:
    Started DMP 1st April 2009 :A
    DMP mutual support thread member: 267 :j
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Tixy wrote: »
    Hi Niddy

    I might be being blind but I think that you used to have a template to respond to a DCA if they say the debtor needs to request the CCA from the OC? Basically saying 'tough, you the DCA have to provide it'? Is that right? I can't see it in your opening pages (anymore).

    If you have one can you point a link to it in the direction of here - http://forums.moneysavingexpert.com/showthread.html?p=30716341&posted=1#post30716341

    Cheers


    Hiya

    Its on the CCA Request itself, ok - i'll make a new one now! BRB..... :p:p:p
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    edited 10 March 2010 at 6:48PM
    Hiya

    Its on the CCA Request itself, ok - i'll make a new one now! BRB..... :p:p:p

    Done!

    Here you go (12 minutes - wow!!)

    Follow-Up to DCA who decline your CCA Request
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    edited 10 March 2010 at 7:01PM
    St0lli wrote: »
    Hi Niddy, I didn't want you to think I was neglecting you so I've got another query :j
    Just to recap... Lloyds TSB haven't supplied a correct CCA and I responded with a letter telling them I wanted an exact copy and not a typed agreement blah blah.
    They responded with a Final response to which I sent another letter which you kindly drafted. They then instructed SCM solicitors and I sent them a letter saying this account is formally in dispute etc. LTSB have since written saying they are looking into my complaints and will need a further 30 days to respond to me (this is in addition to the first 30days they required)
    .
    And now today... I've received a statement from LTSB saying that as my account is seriously overdue they have appointed a debt collection agent MHA collections. Now my understanding is that MHA are in fact part of LTSB?

    What do you recommend as my next course of action? Should I wait to hear from MHA and then send them an indispute letter and copy of the complaint being looked into? Or option b... ignore them?

    Sorry if its a bit incoherent so if you need clarification please let me know.

    What a pain LTSB are! But then so are MBNA, CitiCard... and the list is endless!:rotfl:

    Hiya

    Ok, I think this is a little related to what DJG said earlier - take a look at this template - this should cover it: Account sold whilst in Default of CCA Request
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • St0lli
    St0lli Posts: 594 Forumite
    Part of the Furniture
    Hiya

    Ok, I think this is a little related to what DJG said earlier - take a look at this template - this should cover it: Account sold whilst in Default of CCA Request
    Thanks Niddy! Prompt reply as always! :beer:
    Light Bulb Moment 4th January 2009 :eek:
    Started DMP 1st April 2009 :A
    DMP mutual support thread member: 267 :j
  • terimon
    terimon Posts: 118 Forumite
    Hello NID.

    Me back again to give you headaches.

    My Virgin credit card (which is MBNA part of Bank of America) which is enforceable have offered me a partial settlement. They said they wont chase me for remainder of debt and wont default me. I dont believe them and want to see it in writing.

    The settlement is 47% but i dont trust them.

    I am totally ignoring my NatWest still as they admitted unenforceability.

    I want to sort this Virgin card out so i can get on with my life
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    terimon wrote: »
    I want to sort this Virgin card out so i can get on with my life

    Send a version of this to them, change the amount to 47% or whatever - good luck: Default Removal - Offer of F&F Settlement
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • terimon
    terimon Posts: 118 Forumite
    Cheers NID

    I have tried that letter twice.

    They say they wont do full and final settlement.

    Only partial which will remain on CRAs for six years (sounds pretty much like a default to me).

    I was thinking as this is my only enforceable agreement would be best to sort it now.

    I just dont trust them even 1%

    :(
  • in_to_deep
    in_to_deep Posts: 48 Forumite
    terimon wrote: »
    Hello NID.

    Me back again to give you headaches.

    My Virgin credit card (which is MBNA part of Bank of America) which is enforceable have offered me a partial settlement. They said they wont chase me for remainder of debt and wont default me. I dont believe them and want to see it in writing.

    The settlement is 47% but i dont trust them.

    I am totally ignoring my NatWest still as they admitted unenforceability.

    I want to sort this Virgin card out so i can get on with my life


    if its enforceable then take tha 47% settlment but get it in writing
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    terimon wrote: »
    Cheers NID

    I have tried that letter twice.

    They say they wont do full and final settlement.

    Only partial which will remain on CRAs for six years (sounds pretty much like a default to me).

    I was thinking as this is my only enforceable agreement would be best to sort it now.

    I just dont trust them even 1%

    :(

    Tell you what - let them sell it to a DCA THEN see what offer you can make - betcha its less than 47%!!! Are you on about paying in one lump or monthly mate? I'm speaking one lump payment to end it - what is a partial settlement?

    Tell them to shove their partial verbal unlawful settlement offer where the son doesn't shine and to send a full and final settlement offer in writing. :D:D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
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