Unenforceability & Template Letters III

BigCraigJohn

never-in-doubt wrote: »

Surprisingly mate, that is enforceable. Shocked to say the least - so long as page 2 was attached to the reverse of page 1, like you say they look the same so could well be legit..?

Sorry mate - this is an enforceable account by my reckoning

Wow, although I sort of expected it to be, still confident on the Capone though.

However I notice the PPI box is ticked which I certainly would not knowingly of agreed to.

Guess its SAR - PPI, charges, interest etc then. Imagine that will cover 80% of the balance anyway. Tbh I was thinking this anyway as I wouldnt mind keeping the account + have an £800od with them so this may cause as many probs as it solves.

Thanks for looking.

terimon

Yes i did offer them 5k from an 11k debt that is definately enforceable.

never-in-doubt

*Pollypocket* wrote: »

Today I also recieved, what looks very much like, an enforcable agreement from Lloyds TSB dating back to 2001. Looks like LTSB are on the ball at the moment. Gutted.

It all depends on the wording at the bottom right above the signature where it says you agree to the terms overleaf - then the prescribed terms are shown, overleaf.

That was the killer.

Now, some will argue that the prescribed terms should be on the signature page - indeed, they should be but because it is on one page and they are clearly linked then you'd lose if you tried to use that fight.

So if yours is similar, then thats what the outcome will be. However check yourself for the late payment charges etc - that is a giveaway as to the actual date of terms.... terms are hard to prove in fairness....

never-in-doubt

BigCraigJohn wrote: »

Wow, although I sort of expected it to be, still confident on the Capone though.

However I notice the PPI box is ticked which I certainly would not knowingly of agreed to.

Guess its SAR - PPI, charges, interest etc then. Imagine that will cover 80% of the balance anyway. Tbh I was thinking this anyway as I wouldnt mind keeping the account + have an £800od with them so this may cause as many probs as it solves.

Thanks for looking.

Eh? you bank with them - and you're starting unenforceability action?

Are you bonkers? lol

But yea, sorry - time to SAR them and get that refunded as you say, you'd not have done that at 18 in your first job (as far as they knew)....

never-in-doubt

terimon wrote: »

Yes i did offer them 5k from an 11k debt that is definately enforceable.

so what did you need to clarify then? sorry am confised totally.

You need to let it get sold to a DCA then move in with an offer relative to the debt, so you say it is £11k debt, that means MBNA are shouting at a 50% deal.... if you can afford that then consider it, but use the correct template on page one to get them to agree to removal of all derogatory data - failing that, store the £5k and try your chances at sending back the final response letter and see if they pursue you or walk away..... but it is your call ultimately.

wayne99

hello all,

Just an update really, Niddy has been helping me with several defaults on my credit report so far we have achieved this:

started on my equifax with 3 defaults approx 6 weeks ago for phoenix recoveries, i have had 2 removed so far due to the CCA not being available and the debt being unenforceable, the last one should be removed at some stage due to the CCA having no provision to share data with third party's so again unenforceable.

my wife had a default from virgin media, this has been removed after raising a dispute directly via Equifax (the default was added when the account had been paid in full) we had proof so virgin removed the adverse with no quibbles.

one of the two phoenix defaults she had has now been removed due to the cca not being available.

So just to say really that although allot of people disagree morally with going down the un-enforceability route, it has worked for me and at the cost of £1.14 for recorded post, a few phone calls and some really great help from niddy so far me and the wife have had 4 defaults removed between us, in 6 weeks not 6 years.

I must stress the point to get your credit reports and review them on a regular basis to see if all the data is correct, we would never of known about the virgin media default if it was not for good advice on this forum, and there is no way in hell i would of been able to send the correctly worded letters without the help from members like never-in-doubt.

that's where iam so far, and a big thanks to niddy for all the help !!

Wayne.

BigCraigJohn

never-in-doubt wrote: »

Eh? you bank with them - and you're starting unenforceability action?

Are you bonkers? lol

But yea, sorry - time to SAR them and get that refunded as you say, you'd not have done that at 18 in your first job (as far as they knew)....

Hahaha, I pay £10 a month in to cover the interest but thats about it.

Guess its just the fact there is a local branch and in time i'd maybe consider using that account again for convenience sake.

never-in-doubt

wayne99 wrote: »

hello all,

Just an update really, Niddy has been helping me with several defaults on my credit report so far we have achieved this:

started on my equifax with 3 defaults approx 6 weeks ago for phoenix recoveries, i have had 2 removed so far due to the CCA not being available and the debt being unenforceable, the last one should be removed at some stage due to the CCA having no provision to share data with third party's so again unenforceable.

my wife had a default from virgin media, this has been removed after raising a dispute directly via Equifax (the default was added when the account had been paid in full) we had proof so virgin removed the adverse with no quibbles.

one of the two phoenix defaults she had has now been removed due to the cca not being available.

So just to say really that although allot of people disagree morally with going down the un-enforceability route, it has worked for me and at the cost of £1.14 for recorded post, a few phone calls and some really great help from niddy so far me and the wife have had 4 defaults removed between us, in 6 weeks not 6 years.

I must stress the point to get your credit reports and review them on a regular basis to see if all the data is correct, we would never of known about the virgin media default if it was not for good advice on this forum, and there is no way in hell i would of been able to send the correctly worded letters without the help from members like never-in-doubt.

that's where iam so far, and a big thanks to niddy for all the help !!

Wayne.

Thanks Wayne - great post!

I know you've had the defaults removed, and i'll also get the last ones done for you as well mate! Thing is its impossible to do it for everyone, as it does take time but eventually we'll get there!

Well done on events to date :T :T :T

p.s. here is another simlar result from today -

Joeler wrote: »

Hi NID

BIG thankyou is due as used one of your templates to succesfully remove a default from my Experian file from Fredrickson. It was on there for about 4 years.

You are the F*CKING man.

Keep up the good work on this forum.

Joeler

terimon

I really wanted to know what you thought of the letter in post 660.

But i think i already know your answer

never-in-doubt

terimon wrote: »

Following your recent communication with us regarding an offer of settlement, we confirm your offer of £5,000.00 has been accepted in Partial Settlement of your account.

NO! It must be full and final settlement - partial means fcuk all mate..... this is wrong and should not be accepted...

terimon wrote: »

This offer is conditional upon your payment being received no later than March 31. 2010. Upon receipt and clearance of the payment. we confirm that no further action will be take to recover the remaining balance and your account will be registered as a Partial Settlement with the credit reference agencies for six years.

See the last line, in bold.... you want F&F settlement not their silly partial settlement, pah!

terimon wrote: »

Failure to make the agreed settlement payment by the due date above will result in your account being registered as a Default with the credit reference agencies for six years. If a Default is registered. your account will be closed and the outstanding debt may be sold to a Third Party.

Good, let this happen (trust me here) - that way i'll personally try and get you a lower repayment figure (£2-£3k) and default removal.... Up to you though. I said I will try!

Hope that helps mate - up to you now