Unenforceability & Template Letters III

thewappyone

roadster

thanks i know if they do find it they will come back but its if not been found by now its unlikely to be found, thats the picture i have gotten over the full posts, and tbh if they do find it, i did actually spend the money, tho a lot is ridiculous charges i would have no problem even if it just gives me a break for a while so i can get back on my feet.

yoda1177

no, when i originally started getting in money problems i sent all my debts a expenditure sheet and got them on a payment plan and all of them froze the accounts so it was just the debt no extra interest.

carol01

Don't loose sleep there are people who can help i've been there and i got in a bad state with my debts but when i started to get them on payment plans it got a lot easer


yoda1177

no while there finding it don't pay anything because as far as im concerened untill they can PROVE it is forcible your not gonna pay i did stop paying when i applied but as my original post i was unsure if it was enforcable so i just gave token payments

never-in-doubt

Can I reiterate the point below - I notice people are trying to compare - do this at your own peril!

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never-in-doubt wrote: »

I've had a few messages lately with people saying that the advice I give one person, doesn't necessarily match that of another even though they "believe" they were sent the same documents.

I am not confused, I am not going senile & I am not losing the plot - the fact of the matter is that each agreement is unique and specific to each individual and no two will EVER be the same unless they were taken out on the same day with the same branch and same staff from start to end of process. The chances of that happening are what?

Point is please stop comparing things, you have to concentrate on your own situation and not worry about what advice I give other people. There is currently 14 people (regulars) on here arguing with Crappy1, 3 are enforceable the rest are not. However no two are identical in any shape or form.

I hope that makes sense. Please bear in mind I only offer advice, what you do with that is entirely your own decision.

never-in-doubt

Can we please stay on track - wanna chat?

Start a new thread!

Over & out - see you all tomorrow!

never-in-doubt

Evening all,

There's a few questions etc firing about, if you have a read of page 1 or the FAQ's on page 2 then you'll get all the answers you need. In a nutshell, you must send the CCA Request first - then depends what they respond with depends on what you do next.

If you have not had a reply after 14 days then you cease repayments - totally. You do not enter into any protracted payment negotiation with anyone. If you're on a DMP then you drop the account(s) from the DMP as they will not get involved with your unenforceability claim and technically it means some creditors are better off than others.

There is a process for a reason, not because I think it works well but because it is the foolproof way to get the lender to listen and to take you seriously. Similarly, pointless having a group discussion about comparing agreements etc - this does not work and should never be done as you will get confused and invariably make mistakes.

Request the CCA, post the link here and if I have a chance I will check it for you - it takes me around 30 seconds to check for unenforceability so I don't mind :D

yoda1177

Fair enough never-in-doubt.

Like i said earlier your the man!!!

Speak soon

thewappyone

Thanks NID

I'll send the next letter as the prescribed terms were not there so i'll send and see what response i receive.

Many Thanks

and sorry for going a little off topic earlier

never-in-doubt

thewappyone wrote: »

Thanks NID

I'll send the next letter as the prescribed terms were not there so i'll send and see what response i receive.

Many Thanks

and sorry for going a little off topic earlier

No probs mate - its fine to go off topic but i'm trying my hardest to stop this notion of people thinking that cos Joe has a Halifax agreement that maybe Sue's and Bob's will be the same - the odd's of an identical agreement are quite high but the odds of an identical unenforceable agreement are quite low - basically it is staff, system, customer error that we're looking for.... and that is why I try and deter comparing agreements...

It always results in upset for someone.... at the end of the day send the request and wait, nothing to rush over as the whole process can take between 6weeks to 6 months and even then, its still left open at the end.... :D:D

razer12121

thanks NID, now i have one last thing to ask i keep getting letters about a debt owed by the person who lived here before, we also keep getting letters for a guy who died here who owes a debt! is there some kind of letter i can send of to them so they leave us alone?? seems as these "final" warning letters are if im right (which im pretty darn sure i am lol) unenforceable as im not the person who owes the debt...

never-in-doubt

razer12121 wrote: »

thanks NID, now i have one last thing to ask i keep getting letters about a debt owed by the person who lived here before, we also keep getting letters for a guy who died here who owes a debt! is there some kind of letter i can send of to them so they leave us alone?? seems as these "final" warning letters are if im right (which im pretty darn sure i am lol) unenforceable as im not the person who owes the debt...

Mate its not yours so no threats count - legally of course, they are not harassing if they are sending letters to someone that isn't you.... you just write on them "Unknown at this address" and pop in the post box...

A pain I know, but little more you can really do other than open and one ring and speak to a manager - but to be honest, bin them or return them

save your energy for the real fight :p:p

mk1golf

never-in-doubt wrote: »

Thats a stalemate - nice one! What you could do, if you feel brave is send them back my version of what they can do next and details for them to take their complaint to my FOS - i.e. the county court :eek:

But seriously, they've now accepted your final response with such a reply and therefore it remains unenforceable until such time they respond appropriately with the information you requested. If they fail to do so then they cannot take any action against you.

This, my friend, is unenforceable right now and you should ignore them.

Hi Niddy, little update from last week.
Mother in Law had a short letter today from Lloyds Tsb Collection centre, requesting immediate payment of overdue amount and to call them to notify them......dont worry, we're doing neither . Have also noticed the address of the letter has moved from Queens Road Quadrant to Lloyds Collections Centre @ Three Citys, Hove