Unenforceability & Template Letters III

Goodtimesahead

never-in-doubt wrote: »

Send this mate: Account sold whilst in Default of CCA Request

Also forget F&F - you'll not need to be doing things like that

Thanks Sorry I forgot, getting a tad excited on a friday afternoon

never-in-doubt

thechippy wrote: »

I think there's something odd about varde anyway. They are classed as offshore and may not be able to take legal action on that debt. I'll do some diggin'

Yea mate thus i'd suggested he send them the letter to basically tell them to put themselves to right..... they are not even legal assignees - that letter holds no legal reference and therefore he should continue to deal with whoever he sent the CCA Request off to. They are obliged under s.175 (CCA) to deal with it or return to the OC.

Regards to the cowboys that sent this letter, they should get sent the letter above and ignored unless they fulfill accurate Notice of Assignment process.

Pointless digging, he won't be speaking to them - ever!

p.s. hows your affair with donner going??? lol

Goodtimesahead

thechippy wrote: »

I think there's something odd about varde anyway. They are classed as offshore and may not be able to take legal action on that debt. I'll do some diggin'

Thanks Chippy, it all looks a bit dodgy, maybe their status means they cannot legally act in the capacity as a DCA, worth looking into or any other experts in the field may wish to comment?

never-in-doubt

Goodtimesahead wrote: »

Thanks Chippy, it all looks a bit dodgy, maybe their status means they cannot legally act in the capacity as a DCA, worth looking into or any other experts in the field may wish to comment?

Don't waste time with this notion right now mate - its an unenforceable account as things stand and going on MBNA's past performances, i'd not be too worried at this stage that they will comply.

Just stick to the plan - this is a technicality issue that you don't need right now!


OI Chippy - shurrup will ya! (or i'll pinch your [STRIKE]meat[/STRIKE] bird!) :rotfl: :rotfl:

missal

Ok here goes sent CCA request to the following companies and received the following replies:

CCA requests sent 13/02/2010

Apex (O/C RCI finance/ car loan) - wrote back to me stating they were no longer acting on behalf of RCI. My file has been closed and recovery action has ceased. They have asked me in the letter to contact OC if i have any question in respect of my account.
Unsure where to go with this one now, heard nothing more from apex or abbey

Cabot Financial ltd (O/C Capital one cc)
Amount £475.66
Date Last paid Feb 2010
Status - default (06/12/2008)

Reply recieved by letter dated 18/02/2010 Cabot does not hold this info on file and have requested it from OC, they anticipate being able to get the info to me within 12 days if not they will write and advise me so. They have appeared on my credit file as the creditor on 09/03/2010 and a default has appeared dated Dec 2008 which was not there a few weeks ago, presumably because i sent them upto date address!!
To date have heard nothing else from them


Equidebt ltd (O/C Ikano store card)
Amount £898
Date Last paid Feb 2010
Status - default (08/01/2009)
reply received dated 19/02/2010 acknowledging receipt of my cca request, a request has been made for my consumer credit agreement, the account has been placed on hold until the matter has been resolved and no further collection activity will occur.
Heard nothing more

Debt managers (O/C Abbey personal loan)
Amount £6550.82
Date Last paid Feb 2010
Status - Unsure disappeared from my credit file a short while ago
received reply dated 19/02/2010 we have requested a copy of your signed agreement and will revert to this once it has been received.
nothing further received


CAPQUEST (O/C Next catalogue)
Amount £78.16
Date Last paid Feb 2010
Status - default (08/05/2009)
received reply dated 23/02/2010 account on hold for 28 days whilst they obtain relevant info, also asked if i have proof of payments or correspondance that would assist my query i should forward this to collections dept, so matter can be resolved quickly.
Heard nothing more


Wescot (O/C Halifax CC)
Amount 571
Date Last paid Feb 2010
Status - default (29/10/2007)
received reply stating they are not the creditor but are just instructed ont heir behalf, returned p/o which was made payable to wescot (it wasn't it was blank!). Also stating i can send p/o and request direct to halifax or back to wescot and they will forward. Account on hold for 14 days to make a payment arrangement, but if they do not hear from me it will be returned to the collections team.
Nothing more heard from them



Also sent letter asking for proof that defaults were registered in correct way heres the info:

Sent 13/02/2010

C.A.R.S ltd (O/C 3G broadband)
Amount £68.85
Date Last paid Feb 2010
Status - default (24/02/2009)
received nothing back after sending inital letter

Barclays currnt account
Amount £289
Date Last paid Feb 2010
Status - default (30/06/2009)
Received reply stating that they could not find and loan agreements under the details i had given, even though i had asked for proof of default registered on my current account and supplied sortcode and account number!

Wescot (O/C O2 mobile contract)
Amount £595.00
Date Last paid Feb 2010
Status - default (21/04/2009)
received reply dated 19/02/2010 - following your recent request for copy of the signed agreement (??? didn't ak for this!!!) we can comfirm that this agreement falls under the following legislation: Consumer credit (exempt agreements) order 1989, article 3 (1) and is therefore enforceable. Trusting this clarifies the situation. This letter was signed by the same person who signed an above request for cca so assume she has got my 2 letters together and not read both and found that i was asking for proof of default info for this account and not request for cca.

Apologies for the length of this, but i feel so bogged down by it all atm that it's ecoming draining, I don't get that often to come and do this sort of thing on account of my having nearly seven children (am preggers due in may) and need to getall of this sorted or i'll end up ill through stress.

Thanks if you got this far without falling asleep!:T
PS i have been maintaining payments thorough a DMP with gregory Pennington but have recetnly sent requests for all of my creditors to send me details of how they would like to be paid as i am taking over my dmp (obviously not the ones above though!)

Thanks Missal

never-in-doubt

Missal - i'll look into this shortly/tomorrow for you.....

Can you edit the post and tell me the amount of debt and the date last paid (approx) and also whether defaulted or not - for each account. thanks.....

missal

thanks very much

yes of course will do that now

never-in-doubt

missal wrote: »

thanks very much

yes of course will do that now

Sorry also the type of account, (CC/Bank Account/Store Card/Catalogue/Loan) ie is Abbey bank account or Credit Card or even a loan? It just helps then i'll have it here to refer to at a later stage, when you start to get responses.

Its handy to list everything cos it makes my life, and evidently yours, easier...

Thanks again - looking better already I must say

Also, why are some on the DMP and not others? any reason you're not CCAing all your creditors?

thechippy

never-in-doubt wrote: »

OI Chippy - shurrup will ya! (or i'll pinch your [STRIKE]meat[/STRIKE] bird!) :rotfl: :rotfl:

Oh, OK! (sob's).......:p

I won't confuse things, but the NID and I have some more ammo if needed......:rotfl:

Leave my Doner alone niddy, wot am up wiv u........:D

never-in-doubt

missal wrote: »

Apex (O/C RCI finance) - wrote back to me stating they were no longer acting on behalf of RCI. My file has been closed and recovery action has ceased. They have asked me in the letter to contact OC if i have any question in respect of my account.
Unsure where to go with this one now, heard nothing more from apex or abbey

Leave this until they write back to you then post back again.....

missal wrote: »

Cabot Financial ltd (O/C Capital one)
Amount £475.66
Date Last paid Feb 2010
Status - default (06/12/2008)

Reply recieved by letter dated 18/02/2010 Cabot does not hold this info on file and have requested it from OC, they anticipate being able to get the info to me within 12 days if not they will write and advise me so. They have appeared on my credit file as the creditor on 09/03/2010 and a default has appeared dated Dec 2008 which was not there a few weeks ago, presumably because i sent them upto date address!!
To date have heard nothing else from them

Yep i'd assume the address change put paid to that! Like above, sit tight for the time being.... No rush.

missal wrote: »

Equidebt ltd (O/C Ikano)
Amount £898
Date Last paid Feb 2010
Status - default (08/01/2009)
reply received dated 19/02/2010 acknowledging receipt of my cca request, a request has been made for my consumer credit agreement, the account has been placed on hold until the matter has been resolved and no further collection activity will occur.
Heard nothing more

That's normal - just sit tight as with the above accounts.....

missal wrote: »

Debt managers (O/C Abbey)
Amount £6550.82
Date Last paid Feb 2010
Status - Unsure disappeared from my credit file a short while ago
received reply dated 19/02/2010 we have requested a copy of your signed agreement and will revert to this once it has been received.
nothing further received

Again, just wait for a reply.....

missal wrote: »

CAPQUEST (O/C Next)
Amount £78.16
Date Last paid Feb 2010
Status - default (08/05/2009)
received reply dated 23/02/2010 account on hold for 28 days whilst they obtain relevant info, also asked if i have proof of payments or correspondance that would assist my query i should forward this to collections dept, so matter can be resolved quickly.
Heard nothing more

Again, just wait for a reply.....

missal wrote: »

Wescot (O/C Halifax CC)
Amount 571
Date Last paid Feb 2010
Status - default (29/10/2007)
received reply stating they are not the creditor but are just instructed ont heir behalf, returned p/o which was made payable to wescot (it wasn't it was blank!). Also stating i can send p/o and request direct to halifax or back to wescot and they will forward. Account on hold for 14 days to make a payment arrangement, but if they do not hear from me it will be returned to the collections team.
Nothing more heard from them

What happened? Did you send back to wescot or send to the OC?

missal wrote: »

Also sent letter asking for proof that defaults were registered in correct way heres the info:

Ok, this is how you get a copy of the DN - send this to each one you want to check out: Request copy of Default Notice - Formal Demand

My responses are limited as really not much more I can add at this stage..... but don't worry, just calm down and remember they have NO rights and they bark more than they actually bite