Help with Unenforceability [UPDATED 01/2020]

[Aile5]

Re: Help with Unenforceability

You probably already know this, but just in case...don't do anything over the telephone with them, you will not have any proof of the conversations that you have had and might need to produce evidence in the future, so everything has to be in writing! I'm learning too!

hi thank you. I changed my numbers years ago so they don't have my telephone numbers. just I get lots of letters, then nothing for months, then threatening letters, and sometimes its difficult to know whether and what to ignore and what needs and requires an response. thanks

[Aile5]

Re: Help with Unenforceability

hi can anyone help me with this at all? I re-registered and all complete.

[Never-In-Doubt]

Re: Help with Unenforceability

Sorry for the inactivity.

Right so please remind us of

the balance
the original creditor
the date last paid

thanks.

[Aile5]

Re: Help with Unenforceability

Sorry for the inactivity.

Right so please remind us of

the balance
the original creditor
the date last paid

thanks.

hi,
the original creditor was HBOS, sold to 1st credit approx. july 2012
Balance £14,507 (a few grand of this has been interest and extra charges after I stopped paying)
I need to double check the date last paid but its approx January of either 2010 or 2011. (def one of these 2, I just need to dig out the paperwork). As I had said above they had sent me letters threatening doorstep agent and chasing payment. I didn't reply, then 3 letters in one week, 1 asking payment within 14 days, the other said that they could help me repay and the third was an offer to pay back the balance and they gave me £3k reduction. I just ignored all these and that was about 2 weeks ago, gone quiet again probably not for long. Thanks

[Never-In-Doubt]

Re: Help with Unenforceability

hi,
the original creditor was HBOS, sold to 1st credit approx. july 2012
Balance £14,507 (a few grand of this has been interest and extra charges after I stopped paying)
I need to double check the date last paid but its approx January of either 2010 or 2011. (def one of these 2, I just need to dig out the paperwork). As I had said above they had sent me letters threatening doorstep agent and chasing payment. I didn't reply, then 3 letters in one week, 1 asking payment within 14 days, the other said that they could help me repay and the third was an offer to pay back the balance and they gave me £3k reduction. I just ignored all these and that was about 2 weeks ago, gone quiet again probably not for long. Thanks

Can you now send a CCA Request to 1st Credit --> http://www.all-about-debt.co.uk/inde...22-cca-request

** You must login to the templates first, then come back and click the link above. Lets see whether they can provide the agreement. You have my email address so when they send the CCA Documents, email me a copy of whatever is sent...

[Aile5]

Re: Help with Unenforceability

Can you now send a CCA Request to 1st Credit --> http://www.all-about-debt.co.uk/inde...22-cca-request

** You must login to the templates first, then come back and click the link above. Lets see whether they can provide the agreement. You have my email address so when they send the CCA Documents, email me a copy of whatever is sent...

Hi
Thanks for reply, though have sent all the letters and they did sent paperwork. Same stuff I received 4 years ago as this has been going on since then from I stopped paying, but have emailed you as requested.thanks

[Never-In-Doubt]

Re: Help with Unenforceability

Ok I'll reply via email & update this in a bit.

[Gizler]

Re: Help with Unenforceability

Hi Niddy and thanks for your help in getting me started.

I've sent a CCA request to Grattan Catalogue and have received this reply:

Dear

Your email has been passed for my attention with regard to the above numbered account.

With regard to your request for a copy of the agreement unfortunately your request for information under the Consumer Credit Act 1974 does not comply with the requirements for such under the act, and therefore we are under no obligation to furnish you with the information requested.

I trust this resolves your enquiry, if I can be of any further assistance please contact me.

Yours sincerely

Have you any advice for what to do next please?

[Deepie]

Re: Help with Unenforceability

Hi Niddy and thanks for your help in getting me started.

I've sent a CCA request to Grattan Catalogue and have received this reply:

Dear

Your email has been passed for my attention with regard to the above numbered account.

With regard to your request for a copy of the agreement unfortunately your request for information under the Consumer Credit Act 1974 does not comply with the requirements for such under the act, and therefore we are under no obligation to furnish you with the information requested.

I trust this resolves your enquiry, if I can be of any further assistance please contact me.

Yours sincerely

Have you any advice for what to do next please?

Can you tell us a bit more please ie......

• Date commenced (ideally before Apr 2007)
  
  
• Approx balance
  
  
• Date last paid (approximate date you last made a FULL payment)
  
  
• Are you on arrangement or not paying
  
  
• Status (default/in arrears/up-to-date)
  
  

[Gizler]

Re: Help with Unenforceability

Hi of course

• Date commenced 02/12/2002
  
  
• Approx balance £801
  
  
• Date last paid July 2009
  
  
• Are you on arrangement or not paying Not Paying
  
  
• Status 07/06/2012

[Never-In-Doubt]

Re: Help with Unenforceability

Ok so it's a catalogue so you MUST edit the template from s.77 / s.79 to read s.78 as you're doing a s.78 request. Plus you must send £1 for the info.

Did you do both, if you asked for s.78 but sent the £1 then they're being pedantic and I'll sort you a response. If you didn't pay the £1 then you need to resubmit the request with £1.

to access our templates read this and join with the same user details as here --> http://forums.all-about-debt.co.uk/s...-New-Templates

** Edit, some typo's above so straightened post out.

[Never-In-Doubt]

Re: Help with Unenforceability

That debt is SB next July as well.....

[mystery1]

Re: Help with Unenforceability

Ok so it's a catalogue so you MUST edit the template from s.78 to read s.79 as you're doing a s.79 request. Plus you must send £1 for the info.

Did you do both, if you asked for s.78 but sent the £1 then they're being pedantic and I'll sort you a response. If you didn't pay the £1 then you need to resubmit the correct request with £1.

to access our templates read this and join with the same user details as here --> http://forums.all-about-debt.co.uk/s...-New-Templates

S79 is HP ?

http://www.legislation.gov.uk/ukpga/1974/39/section/79

79 Duty to give hirer information.


(1)The owner under a regulated consumer hire agreement, within the prescribed period after receiving a request in writing to that effect from the hirer and payment of a fee of [F1£1], shall give to the hirer a copy of the executed agreement and of any other document referred to in it, together with a statement signed by or on behalf of the owner showing, according to the information to which it is practicable for him to refer, the total sum which has become payable under the agreement by the hirer but remains unpaid and the various amounts comprised in that total sum, with the date when each became due.
(2)Subsection (1) does not apply to—
(a)an agreement under which no sum is, or will or may become, payable by the hirer, or
(b)a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.
(3)If the owner under an agreement fails to comply with subsection (1)—
(a)he is not entitled, while the default continues, to enforce the agreement;F2. . .
(b)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)This section does not apply to a non-commercial agreement.


Catalogues are usually running account i.e. s78

M1

[Never-In-Doubt]

Re: Help with Unenforceability

Sorry my bad - bloody iPhone!! Move everything down one. It's a s.78 you should be doing not a s.77. Dunno where s79 came from

Thanks & well spotted M1. Original post edited to avoid confusion....

[Gizler]

Re: Help with Unenforceability

Hi sounds like I've balls'd up.

I used a template letter from another website. Just checked and although it says; FORMAL COMPLAINT UNDER THE CONSUMER CREDIT ACT 2006 COMPLAINTS PROCEDURE

NOTICE TO CORRECT DATA UNDER DATA PROTECTION ACT 1998, there is no mention of any particular section of the acts.

I'll send the correct template cheers