Unenforceability & Template Letters III

never-in-doubt

tryingto wrote: »

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

Nooo - you never contact them again now. First (and foremost) it is now unenforceable so in essence the only time you contact them or respond to them is if they provide (find) the original agreement (or send you a copy). They may try all sorts, just bear in mind you do not admit to anything cos the SB clock is also ticking....

After 6 years the entry will vanish from your credit file - full stop. In theory that is the end of the matter.... Statute Barred only really comes into force now if they happen to find the original agreement - which is unlikely.

never-in-doubt

Marsdendean wrote: »

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

Hiya

Right thing is if it is yours then the name mistake means nothing because as I said earlier, it is not a regulated product so because they can 'reasonably prove' that the account was yours, you cannot do much.

I think you're mad though, ruining your credit file for £96 odd..... Why don't you just agree to pay them a tenner a week / month to get rid of it? marsdens are bullies, unfortunately all DCA's are and as such, that is why they think they are good cos of the tactics used.

You are fighting a losing battle, i'd be arranging payment asap if I were you - the chances of them reinstating the account are extremely slim

never-in-doubt

thewappyone wrote: »

Thanks for the read (over all the posts) any help appreciated.

I requested my CCA over a year ago (15 feb 2009)

a copy of what the cca is in the link below with the details of employment ect blanked.

http://i235.photobucket.com/albums/ee226/thewappyone/img001.jpg

would i be correct in assuming i just need to send

http://forums.moneysavingexpert.com/showpost.html?p=30356019&postcount=10

Hiya

Sorry missed this the other day

Right what you posted is not enforceable, therefore you respond with this template - Debtors Final Response - CCA Received - taking into account the length of time that has passed though since your request, they may have already accepted it is unenforceable - why disturb a sleeping dog, so to speak? Let the Statute clock tick away...?

As for token payments - quit these now! Cease them like yesterday....

never-in-doubt

RobertO wrote: »

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

You're spot on pretty much, although send the amended letters, as highlighted, below and then sit and wait..... Although the advice I am giving is based purely on what you are saying - it'd help if I ssen the agreements (edit, I may have an email from you - will repost if so!)

BARCLAYCARD 2
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?

Send this: Debtors Final Response - No CCA Received

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

Send this: CCA Query

SAINSBURY’S
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?

Send this: CCA Query

maz1964

Good Morning Niddy and gang

just wanted to clarify like robert0 in the previous post your reply is what i was thinking of doing on behalf of hubby bcard, about a year ago i tried to get the cca for his bcard, but got the same letter as roberto and ive basically ignored all other correspondence from mercers etc

so now looking at his upto date credit file received from experian, shows the status code as 6 for the last 8 months with the same balance, but surprising no Default

just that the account was opened in 2004 date

Now, - do i still send out the debtors final responce letter as advised to roberto, (my gut says yes to this -but what could happen now once they receive it?)

in fairness its just over 5000 so cannot pay in full but as no default showing if its enforceable then a payment plan can be the next step i guess, ?

if not and no cca is produced or if they decide on court action then i guess my papertrail of requests will help in any defence ?

sorry for my quirky questions just thinking out loud as hoping it helps others in the same position too

cheers and have a fun day maz:)

MACO_2

Hi N-I-D,
Thanks for all the great advice you give, I am being pestered by citi cards on the phone, they are phoning me 20 odd times a day, sometimes I answer sometimes not, I don't answer any of there questions I just tell them to send me the cca I requested in october and to stop calling. They are also continuing to add interest on the alleged debt.


Since October I have sent them all the letters etc. Any ideas where I go from here?
Thanks Maco

Emma29

Hi again N-I-D.

I have sent my letters off and so far got these replies.

Capital One
http://www.tescophoto.com/wpp/tesco/share_redirect.jsp?set-language=eng&memberid=638422&shareAlbumId=2124140&sourceid=167218

Hows my luck. So far all my credit cards have sent me the signed papper work.

I also have a reply from Monument I will post later.

Thanks for all your help

Here is my monument reply
http://www.tescophoto.com/wpp/tesco/share_redirect.jsp?set-language=eng&memberid=638441&shareAlbumId=2124200&sourceid=167218

Thank you

never-in-doubt

maz1964 wrote: »

sorry for my quirky questions just thinking out loud as hoping it helps others in the same position too

cheers and have a fun day maz:)

Hi Maz, yea send the final response after you've not heard anything for such a long time....

never-in-doubt

MACO wrote: »

Hi N-I-D,
Thanks for all the great advice you give, I am being pestered by citi cards on the phone, they are phoning me 20 odd times a day, sometimes I answer sometimes not, I don't answer any of there questions I just tell them to send me the cca I requested in october and to stop calling. They are also continuing to add interest on the alleged debt.


Since October I have sent them all the letters etc. Any ideas where I go from here?
Thanks Maco

2 letters - 2 envelopes - 2 recorded mail:

1. Debtors Final Response - No CCA Received

2. Harassment by Telephone


Jobs a good-un. Learn to answer the phone properly, see here for some idea's (and a laugh): Having fun with Debitas

never-in-doubt

Emma29 wrote: »

Hi again N-I-D.

I have sent my letters off and so far got these replies.

Capital One
http://www.tescophoto.com/wpp/tesco/share_redirect.jsp?set-language=eng&memberid=638422&shareAlbumId=2124140&sourceid=167218

Hows my luck. So far all my credit cards have sent me the signed papper work.

I also have a reply from Monument I will post later.

Thanks for all your help

Here is my monument reply
http://www.tescophoto.com/wpp/tesco/share_redirect.jsp?set-language=eng&memberid=638441&shareAlbumId=2124200&sourceid=167218

Thank you

Hi Emma

Can you please post the relevant bits only - I do not have time to trawl through all what you posted there - I only need the CCA (with your signature) or application whatever at this stage - ideally it is best to upload them full size to imageshack....