Unenforceability & Template Letters III

never-in-doubt

*Pollypocket* wrote: »

Hello Niddy,

Thank you so much again for your time :T. Now, if I send them this next letter, won't they just come back and say they have sent me a copy already? I know... I need to trust you on this, but I'm useless at this sort of stuff. Do I need to adapt the letter to suit?

Scared :eek:


Edited to say: Just been scrutinising the agreement again, my gut instinct is this that the top section looks totally wrong, like it had been superimposed onto the agreement. Clutching again... lol


Editing again 'cos I'm a pain in the !!!!: Does it have to include my account number on the CCA, 'cos the number on the top isn't my account number?

Thanks again Niddy, I shall leave you in peace... for now

Just send the letter I asked you to - trust me yea? Don't look into it too deep, trust me and play the game... otherwise pay it back - i'm testing the water, see what they come back with & then i'll try and beat them on legislation.... ;)

carol01

hi nid
can you please help i have a credit card with natwest and i also have a current account with them too, am i right in saying i will not be able to to ask for a cca or if i do then i would need to change my current account to a different bank and would that be advisible to do that first before i send the first letter also should i sign the cheques that i am sending differently so they canot copy my signature on to a new agreement
thanks in advance
carol

midastouched_2

carol01 wrote: »

hi nid
can you please help i have a credit card with natwest and i also have a current account with them too, am i right in saying i will not be able to to ask for a cca or if i do then i would need to change my current account to a different bank and would that be advisible to do that first before i send the first letter also should i sign the cheques that i am sending differently so they canot copy my signature on to a new agreement
thanks in advance
carol

Open a new bank account at a completely different bank before you embark on this course of action.

Trust me on this...

carol01

should i also wait on asking argos and halifax until i have changed my account over these two are now with a debt collection agency and i have an arragement on both if these thanks again for your advice

never-in-doubt

carol01 wrote: »

should i also wait on asking argos and halifax until i have changed my account over these two are now with a debt collection agency and i have an arragement on both if these thanks again for your advice

Move the bank account away from anyone you owe money to - argos and HBOS are relevant, well obviously don't open a HBOS account....

So open a new account somewhere then start the CCA process, however you cannot CCA a bank account anyway as they are CCA exempt so you need to pay this or use funds from a card to clear it before you start...

you will get defaulted, remember that.

read pages 1 & 2 which will answer any doubts you have...

carol01

i have already defaulted with argos and halifax not too sure who i can open an account with as t.s.b are part of halifax is abbey anything to do with halifax or natwest thanks again for you advise

never-in-doubt

carol01 wrote: »

i have already defaulted with argos and halifax not too sure who i can open an account with as t.s.b are part of halifax is abbey anything to do with halifax or natwest thanks again for you advise

You need to look at co-op, abbey, hsbc, barclays....

Barclays give a debit card, as do co-op. hsbc and abbey give electron (I think)....

sw1sst

hey niddy,
the confession yesterday musta really helped. I slept ALL night without break, something not experienced for years.

anyhow, I would like to pick your brains again. yesterday we left it with that I was to send the cca letter again and also to mull over the ramifications of a "default" on my credit file.

lil more info on me, I am lucky in that I am fully employed. I have a massive credit card bill and a mortgage which pretty much chew up anything I get paid. mortgage and debts are all in my name. I am shortly to be married and 'er indoors wants a joint mortgage and to move somewhere else less, how can I put it, less industrial.I have other short term credit agreements which I am servicing without faulting, for example; mobile phone bill, currys for white goods, season ticket advance, council tax, etc. from reading your postings on this thread all of these have a positive affect on my credit file. I have read somewhere the a single default, for my CCA unenforciability would get "watered down" by all these smaller loans ?

The default on my credit file, should I go through with the request and it is found unenforcable, realistically how will the default affect my ability to get a joint mortgage or extend my other short term credit , I am probably way off subject, for which i apologise, but with this question but I am standing at a crossroads, with for the first time ever the maturity to take charge of my actions.

If there is a better thread to discuss this, what should I be searching for?

I think I speak for everyone on here when I say that you are one in a million for your advice and time spent on these forums.

never-in-doubt

sw1sst wrote: »

hey niddy,
the confession yesterday musta really helped. I slept ALL night without break, something not experienced for years.

Excellent - good for you. Its like a weight lifted right?

sw1sst wrote: »

lil more info on me, I am lucky in that I am fully employed. I have a massive credit card bill and a mortgage which pretty much chew up anything I get paid. mortgage and debts are all in my name. I am shortly to be married and 'er indoors wants a joint mortgage and to move somewhere else less, how can I put it, less industrial.I have other short term credit agreements which I am servicing without faulting, for example; mobile phone bill, currys for white goods, season ticket advance, council tax, etc. from reading your postings on this thread all of these have a positive affect on my credit file.

Ok, I understand what you're saying re the above but the default will affect you, however the positive to hat is you need to weigh up whether you're able to pay the debt (unenforceable ones) in the same period of time as a default will last - then you'll know if you're better off.

So lets say you get a default now, that will remain until 2016 and will adversely affect you for at least 1-3 years, after this it won't be "as bad". So say you owe £10k, pay the minimum amount each month and you'll be paying this back for many years - therefore it may be looked at that 6 years default is better cos after 6 years, you're kinda in the clear so from that date you start from square one...

Its all how you weigh things up mate... Only you know what is best but you will not get a mortgage in the next 12 months at least! If anything, when you apply for mortgage you would disregard the CC debt so when they ask for outgoings, you'd immediately have a higher income ratio because the CC debt is not counted at all. If you pay it off properly, they deduct the repayments from your income...

See where i'm going with all this....?

sw1sst wrote: »

I have read somewhere the a single default, for my CCA unenforciability would get "watered down" by all these smaller loans ?

In year 1 - you'll get nothing at all. Years 2-3 is dependant on who and what you apply for and from year 3-6 you may get accepted at random intervals - this is the period of time that you'd argue the positives outweigh the negatives.

However bear in mind, if the debt is sold on to a DCA and they default you, we may be able to get it wiped due to error or even as part of a F&F settlement deal... its not the end of the world by a long shot... lots of options.

I will try and get the default removed for you regardless, as I always do when things have quietened down but this this is usually 6 months after we determine unenforceability.

Make sense?

sw1sst wrote: »

I think I speak for everyone on here when I say that you are one in a million for your advice and time spent on these forums.

Aaaw, thanks :p:p

never-in-doubt

Mateusrojo wrote: »

Hi Nid
http://s800.photobucket.com/albums/yy290/mateusrojo/CCA%20worki/?action=view&current=IMAGE1.jpg

Its an application form, pure and simple. I'll bet my bottom dollar that the reverse did not contain prescribed terms - its 100% unenforceable (as I knew) - you owe me a tenner lol :rotfl::rotfl:

Send this to them: CCA Query