Unenforceability & Template Letters III

never-in-doubt

tryingto wrote: »

Hi Niddy, I wondered if I should be sending a follow up letter to the debt collectors who wrote to say they would be treating my account as irrecoverable (unless they found the documents and then they'd be coming back to me)?

It was defaulted by the bank in 2005 so only 1 year to go before that drops off. I wasn't sure if I should be writing to the debt collector to try and get anything more final, get the default removed or anything? Or whether it is best to just leave it alone? Cheers.

You leave it well and truly alone :eek::eek:

6 years after default date you go and get your credit file and it'll be gone :D

never-in-doubt

marsden1002 wrote: »

Hi.

I have sent a letter to Orange via Buchananclark+wells for Orange to prove a debt is mine, and i was wondering what could i do since orange have not responded within 14 days. Can i tell BCW that they have no right chasing the debt while i have asked orange to prove the debt is mine? Thing is, BCW have my name wrong, and i think orange do, hence i have asked them to prove the debt is mine?

Thanks a lot for your help!

Marsden1002

Orange do not conform to the CCA - no mobile (utility company does) therefore they are under no timeframe restriction.... you have to keep pestering them. If you know it is not yours report to the telecommunication regulatory body....

As a result none of the letters on here would be any use whatsoever.......

never-in-doubt

Wicca303 wrote: »

Egg Blue - Valid agreement

Can you post links and also, did you see this? -- Egg Card - CCA Flawed?

May not be so "valid" after all....:D

Wicca303 wrote: »

Egg credit - Valid agreement

As above

Wicca303 wrote: »

Abbey Loan (CapQuest) - Response below

Send this: CCA Reminder

Wicca303 wrote: »

HFC (Cabot) - Response below

Send this: CCA Reminder

Wicca303 wrote: »

Barclaycard (DML) - Response below

You wait for them to contact you - it is unenforceable until they do..... don't worry, if they want to waste time messing about - let them!

Wicca303 wrote: »

Style - Response below

Nothing mentioned about style :o

Marsdendean

How do i go about trying to get the debt wiped then since it is the wrong name?

The debt is in Masden & my surname is Marsden. I just want to see if there is a signature, or what name the account has been setup in, in the hope that it is not mine.

I have wrote to BCW asking them to prove the debt, but Orange ain't got back to me!

Thanks again

never-in-doubt

Marsdendean wrote: »

How do i go about trying to get the debt wiped then since it is the wrong name?

The debt is in Masden & my surname is Marsden. I just want to see if there is a signature, or what name the account has been setup in, in the hope that it is not mine.

I have wrote to BCW asking them to prove the debt, but Orange ain't got back to me!

Thanks again

You need to SAR them - SAR Request - Advanced Version

But if it isn't your debt then why don't you just write in and say - It isn't mine. The CRA's will de-link the account etc..... What have you done to date? Actually, is it your debt but you're trying to get it wiped cos it is a spelling mistake on the name? Be honest, as it will affect the advice I can give, i.e. if you hold back then you could be made to look daft later as the advice will not be correct!

It doesn't make much sense with your vagueness....

Wicca303

I don't have acces to a scanner at the moment, so I can't link to the actual documents. Sorry, I know it's harder to advise me without this.

never-in-doubt wrote: »

Can you post links and also, did you see this? -- Egg Card - CCA Flawed?

May not be so "valid" after all....:D



As above

Squeals loudly and hugs NID. OMG!! It is so not enforceable. Squeeeeeeeee!!

never-in-doubt wrote: »

You wait for them to contact you - it is unenforceable until they do..... don't worry, if they want to waste time messing about - let them!

Cool. Thanks. NID you're a star.

never-in-doubt wrote: »

Nothing mentioned about style :o

Ooops sorry. They didn't reply with a letter at all, although I did get a snotty phone call from them. Where I basically reiterated what the 2 letters (CCA request and reminder) I'd sent said and explained until they complied with my request I would not be paying them any money as I did not acknowledge the debt. I also told them I was not willing to discuss the account over the telephone and in future the only way to contact me would be by post (this was also stated in both letters I sent). He then tried to harrang me, so I repeated my comment that I wasn't discussing it over the phone and terminated the call. They have not called back.

Marsdendean

Hi.

The debt is mine, but trying to delay paying, just because of BCW's "bully boy tatics" and secondly i am waiting for some money to come thou so i can pay the £96 and have the account reinstated.

I know i probably have 0% of not paying the debt just because of a spelling mistake, but surly a spelling mistake means a lot, since my name is not masden? Just wondering what i can do?

Thanks a lot

RobertO_2

Hi
I'm hoping to get some advice as to what to do next. I've had three replies to my CCA requests, the details of which are below

BARCLAYCARD 2
1. CCA Request – 08 March

2. Received some Terms and Conditions (or a current CCA) and something that looks like some old Terms and Conditions (or an old CCA) but nothing that indicates they are mine (address, signature etc) – 11 March

3. I sent letter 3.2 CCA Query - Terms and Conditions supplied.

4. I received a letter stating that they have sent me my original executed agreement and current executed agreement (because the credit agreement had been varied). They say that what they have sent me is only an excerpt of my application form to show that I signed a contract with them and that they will not be entering into any further correspondence without me providing comprehensive legal evidence for them to ascertain whether a response is necessary - 19 March

I think the next step is for me to ignore their last letter and wait 30 days since I sent letter 3.2 CCA Query - Terms and Conditions supplied. After the 30 days are up, I need to send CCA Dispute / s.10 Cease & Desist, right?


MARBLES
1. CCA Request – 08 March

2. Received my current executed agreement with my name, address, account number and credit limit printed at the top of the page. I also received a signed statement of account – 11 March

3. I received my original signed application form (it's quite hard to read and I didn’t spot any interest rates– 17 March

Do I now send 3.CCA Query or 3.1 - CCA Query - Illegible Copy Document Supplied?


SAINSBURY’S
1. CCA Request – 08 March

2. Received a reconstituted copy of my Terms and Conditions and a signed statement of account together with a copy of my original signed application form (this is also quite hard to read and I didn’t spot any interest rates on it either)– 12 March

I’m also not sure if I should send 3.CCA Query or 3.1 - CCA Query - Illegible Copy Document Supplied as a reply to Sainsbury’s?


Thanks

tryingto

never-in-doubt wrote: »

You leave it well and truly alone :eek::eek:

6 years after default date you go and get your credit file and it'll be gone :D

Brilliant. Cheers. Phew, I'm glad I asked now as there was me thinking I should maybe be writing to them....for...eh I dunno what! Only stopped paying them very recently so I will need to wait about the full time until it is statute barred, maybe that what was confusing me, thinking I should be asking default removal or them to close the account or something! Cheers for setting me straight and averting disaster! :T

never-in-doubt

Wicca303 wrote: »

I don't have acces to a scanner at the moment, so I can't link to the actual documents. Sorry, I know it's harder to advise me without this.

Can you take a photo (close up) then email me? Its up to you, but assuming you've checked the Egg Flawed agreement link then you'll probably know what i'll be looking for lol

Wicca303 wrote: »

Squeals loudly and hugs NID. OMG!! It is so not enforceable. Squeeeeeeeee!!

Hehe - see what I mean..... always best to check eh? Although I do like that Egg flaw - its quite funny - I mean, imagine using Yank slang on a UK Regulated Agreement - who'd have thought they could be sooooo stoooopid!

Wicca303 wrote: »

Ooops sorry. They didn't reply with a letter at all, although I did get a snotty phone call from them. Where I basically reiterated what the 2 letters (CCA request and reminder) I'd sent said and explained until they complied with my request I would not be paying them any money as I did not acknowledge the debt. I also told them I was not willing to discuss the account over the telephone and in future the only way to contact me would be by post (this was also stated in both letters I sent). He then tried to harrang me, so I repeated my comment that I wasn't discussing it over the phone and terminated the call. They have not called back.

Excellent - want a job? Spot on, that's exactly how to handle it - well done :T

So just plod along as you're doing and let us know if and when anything develops.....