Help with Unenforceability [UPDATED 01/2020]

[XX007]

Re: Help with Unenforceability

Hello all I have just joined and I have what can be technically described as a "shit load" of debt.

Some of it is (I suspect) enforceable some not. Can I start a diary for all of it together or do I need to split it up.

[IF]

Re: Help with Unenforceability

Hi
I'm just posting as I have been on and off posting regarding help with debt that has been going on unpaid for 5 yrs with 1st credit, anyhow with a lot of help from niddy (thank you) I got a huge discount and my account has now been settled and closed with F&F payment. Thank goodness. Couldn't have done it without the help from the forum and niddy.

I'm do love good news on AAD, well done Aile5 and to Niddy too

Best wishes
IF

[Aile5]

Re: Help with Unenforceability

Hi
I'm just posting as I have been on and off posting regarding help with debt that has been going on unpaid for 5 yrs with 1st credit, anyhow with a lot of help from niddy (thank you) I got a huge discount and my account has now been settled and closed with F&F payment. Thank goodness. Couldn't have done it without the help from the forum and niddy.

[Enforcer]

Re: Help with Unenforceability

Nothing. HE until you get anything back.

[Gizler]

Re: Help with Unenforceability

Hi guys, a couple of the DCA's that I have written to requesting copies of the Credit agreements have not responded and have gone well over the time limit. What do I do now?

[Gizler]

Re: Help with Unenforceability

Still waiting to hear back from the catalogue but was notified today that Cap1 has removed all traces from my credit file. So one down........ Thanks Niddy and the Gang.

[Never-In-Doubt]

Re: Help with Unenforceability

lol ooops

[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

[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....

[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

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

[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.

[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

[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 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?