Unenforceability & Template Letters III

never-in-doubt

Blessed_+_highly_favoured wrote: »

You were nice enough to give me the above response to my query about lack of communication from the DCA after I sent them the CCA letter last year. I think that now they have done a sneaky and sold the debt on, as a different company is now bothering me for the debt. What should I do? I did not get around to sending the company the above letter, and now I am getting phone callls and letters from someone else!! Any thoughts would be great!! XX

Hiya

send this to the new DCA that is hassling you: Account sold whilst in Default of CCA Request

never-in-doubt

razer12121 wrote: »

guys i have a thread on my disput but thought i would ask. on the 17th i sent a CCS reqeust and i got a letter back,

http://i144.photobucket.com/albums/r175/razer12121/img017.jpg

as you can see it does not refer alot just that they want me to make a payment. suggestions?

That is not a CCA response, its a chaser letter - maybe it has crossed in the post? Did you send the CCA Request registered so you have proof of postage? was your cheque cashed?

If not start again from page 1 - just read the first 5 posts to learn the process.....

never-in-doubt

mk1golf wrote: »

Do I send Lloyds TSB the final response letter, leave them to simmer or something else?

Thanking you in advance :T:T

Hiya

You got it in one - send this: Debtors Final Response :D

razer12121

never-in-doubt wrote: »

That is not a CCA response, its a chaser letter - maybe it has crossed in the post? Did you send the CCA Request registered so you have proof of postage? was your cheque cashed?

If not start again from page 1 - just read the first 5 posts to learn the process.....

ive no idea if they have, but! i used a postal order....i had it tracked of course, am i better of sending a cheque?

never-in-doubt

razer12121 wrote: »

ive no idea if they have, but! i used a postal order....i had it tracked of course, am i better of sending a cheque?

No mate - as you tracked it you have proof - that's fine. Just sit tight and await their response.... they cannot take any action so don't worry - they are in default of your s.78 request which means that right now it is unenforceable.

BeenieCat

Hi sorry to be off topic-ish, but i want to see the real state of my credit report, i think so i know this is definitely the right way to go (i/e if it's already battered )

Will i see everything i need to on the Equifax free trial?? £5 Quidco apparently so i'm up for making a profit on the way if this is the right one?? http://www.quidco.com/equifax-free-credit-report



edit- okay i did it, and it shows that i have 2 defaults (i didn't know, was just guessing that i would).

One from Studio catalogue, started Sept 2005, defaulted June 2006, also says my status is Gone Away.

The other one is for Crapital One - started June 2004, defaulted Feb 2007 - i have DCA's chasing me for this still.

So are the defaults there forthe remainder of the 6 years now? Or do they stay til i've paid it and then 6 years thereafter? As you can tell i'm a noob with this, but i'm still deciding if getting more defaults will either no matter one jot, or make matters lots worse??

averageguy11

Hi..I recently requested a CCA from CAPONE...and had some sort of reply...a letter and and some othr ltr thanking me for my recent request and having there current terms and conditions on the back.

The ''correspondenc'' ltr went on about thanking me and stated the following:

Please find enclosed a copy of your credit agreement as requested. In accordnace with section 78 of the Consumer Credit Act 1974 and the Consumer Credit Regs 1983, this is your original agreement, and if any terms have been varied, then the copy agreement will include the updated terms. In addition, yur personal details, the signature box, signature and date of sig, have been omitted from the copy provided as permitted under Regulation 3 of the Comsumer Credit Regs 1983.

Hmmm..seems to me that they havent got a signed copy..why send me the current terms? Or am I wrong.

Ive recently made a full and final offer...I didnt sign my letter...wary over them copying it..and theyve written asked for a signed copy..hmmm.

ju34514

never-in-doubt wrote: »

Hiya

Ok, if you can - forget grouping all 4 accounts and deal with one at a time, then move to the next and so on. It'll make life easier being they are all from the same company - which will not only confuse you, but me and probably everyone who reads this lol......

Hi NID,

Just a quick question.......

Marshall Ward taken out in 2004 (running account), after struggling to make payments I go on 'Easy Payment Plan' (fixed sum loan) in 2006 and sign new agreement. Would this now override original 2004 credit agreement ?

Thanks,
Ju

never-in-doubt

BeenieCat wrote: »

Will i see everything i need to on the Equifax free trial?? £5 Quidco apparently so i'm up for making a profit on the way if this is the right one?? http://www.quidco.com/equifax-free-credit-report

Yes you should see whatever Experian Hold but its also worth getting Equifax as they both have different lenders report to them....

Send £2 and get the statutory version, or do the month free online?

BeenieCat wrote: »

edit- okay i did it, and it shows that i have 2 defaults (i didn't know, was just guessing that i would).

Oooops

BeenieCat wrote: »

One from Studio catalogue, started Sept 2005, defaulted June 2006, also says my status is Gone Away.

This is not good! Gone Away means they're looking for you as you've moved without telling them! Have a read here to see what this means and any impact it may have on you: Your credit report explained

BeenieCat wrote: »

The other one is for Crapital One - started June 2004, defaulted Feb 2007 - i have DCA's chasing me for this still.

Ok - chasing you? i.e. they've not found you yet then?

BeenieCat wrote: »

So are the defaults there forthe remainder of the 6 years now?

Studio - Default removal date: June 2012 (whether paid or not)
Crappy1 - Default removal Date February 2013 (whether paid or not)

BeenieCat wrote: »

Or do they stay til i've paid it and then 6 years thereafter? As you can tell i'm a noob with this, but i'm still deciding if getting more defaults will either no matter one jot, or make matters lots worse??

If you pay it or not, the default is wiped on its 6th birthday

See this thread I made about CRA's - you'll learn a few things: Credit Reference Agencies

never-in-doubt

averageguy11 wrote: »

Hi..I recently requested a CCA from CAPONE...and had some sort of reply...a letter and and some othr ltr thanking me for my recent request and having there current terms and conditions on the back.

The ''correspondenc'' ltr went on about thanking me and stated the following:

Please find enclosed a copy of your credit agreement as requested. In accordnace with section 78 of the Consumer Credit Act 1974 and the Consumer Credit Regs 1983, this is your original agreement, and if any terms have been varied, then the copy agreement will include the updated terms. In addition, yur personal details, the signature box, signature and date of sig, have been omitted from the copy provided as permitted under Regulation 3 of the Comsumer Credit Regs 1983.

Hmmm..seems to me that they havent got a signed copy..why send me the current terms? Or am I wrong.

Ive recently made a full and final offer...I didnt sign my letter...wary over them copying it..and theyve written asked for a signed copy..hmmm.

Ok, regards to the CCA - respond with this (again unsigned): CCA Query - Terms & Conditions Supplied

Regards to the offer of payment, you do not need a signature! However why make an offer if you're pursuing unenforceability? You need to do one or the other, why would they take you seriously if you yourself can't decide whether you're going to pay or utilise unenforceability?

So, if you're not already defaulted then maybe make an offer to pay - if you're defaulted you have nothing to gain by paying as the default will still remain in place for 6 years!

You need to make your mind up which direction you're taking then we'll be able to advise better.