Help with Unenforceability [UPDATED 01/2020]

[gujujainuk]

Re: Help with Unenforceability

Hiya

Regards to your last email, just ignore it - there is a delay in letters and this was dated 3 days prior to your final letter so sit tight and ignore fairfax from now on, just send me an email with the LATEST letter please, not a running total - I remember the case, I have fought it for you!

They cannot do anything to you - stop stressing, you are confident it is SB'd so let them take action, the muppets!

Hi Niddy,
Hope you are well and all ready for holiday season.
I received a 'post-card' from FairFax today and it said the following:

Front of the post-card:
2nd Class ROYAL MAIL Stamp
POSTAGE PAID GB
HQ12345

Title First and Surname
Full Address

H123456

Back of the Post-card:
Fairfax Solicitors
Telephone: 1234 123 1234

We have tried unsuccessfully to contact you and have instructed our agent to call within the next 48 hours.

If this is inconvenient please call the above telephone number quoting the reference shown overleaf.

FairFax Solicitors... full address...
small print about copyright details...

I know you said to email you send you things as attachments but as this is a small post-card I hope it's ok for me to message you instead.

Happy Christmas and I hope you have a FAB New Year 2011.

GujuJainUK

[Aile5]

Re: Help with Unenforceability

Hi NID
Quick update. Mooorcroft have sent another letter stating that they will accept £x per month, which is what bos had originally wanted me to pay anyway so a no go. They said if I dont reply by tomorrow they will instruct their clients to arrange for solicitors to start court proceedings!. Still ignore or what to do? Thanks v much and merry christmas.

[Never-In-Doubt]

Re: Help with Unenforceability

Hi Niddy,
Hope you are well and all ready for holiday season.
I received a 'post-card' from FairFax today and it said the following:

I know you said to email you send you things as attachments but as this is a small post-card I hope it's ok for me to message you instead.

Happy Christmas and I hope you have a FAB New Year 2011.

GujuJainUK

Hiya, just send this back to Fairfax: ---> viewtopic.php?p=182#p182

Best of luck - have a Merry Christmas & Happy New year

[gujujainuk]

Re: Help with Unenforceability

Hi Niddy,
Hope you are well and all ready for holiday season.
I received a 'post-card' from FairFax today and it said the following:

I know you said to email you send you things as attachments but as this is a small post-card I hope it's ok for me to message you instead.

Happy Christmas and I hope you have a FAB New Year 2011.

GujuJainUK

Hiya, just send this back to Fairfax: ---> viewtopic.php?p=182#p182

Best of luck - have a Merry Christmas & Happy New year

Hi Niddy,

Love the snow effect of your web-site.

Hope you had a great holiday season and started 2011 with a bang.

I have posted the template to Fairfax and will update you once I hear something back.

GujuJainUK

[Never-In-Doubt]

Re: Help with Unenforceability

Best of luck - thanks for update

[Aile5]

Re: Help with Unenforceability

Hi NID
Did you see my reply I left just before crimbo, you said to update the thread when I had heard back,after that last letter I have now today received a letter from Midaslegalservices, they say part of moorcroft, and as I have not contacted them they are reviewing my case before recommending legal proceedings to their clients, what do you think I should do now? thanks, hope everyone had a good crimbo and new year, back to dealing with the norm

[Never-In-Doubt]

Re: Help with Unenforceability

Hi NID
Quick update. Mooorcroft have sent another letter stating that they will accept £x per month, which is what bos had originally wanted me to pay anyway so a no go. They said if I dont reply by tomorrow they will instruct their clients to arrange for solicitors to start court proceedings!. Still ignore or what to do? Thanks v much and merry christmas.

Hi NID
Did you see my reply I left just before crimbo, you said to update the thread when I had heard back,after that last letter I have now today received a letter from Midaslegalservices, they say part of moorcroft, and as I have not contacted them they are reviewing my case before recommending legal proceedings to their clients, what do you think I should do now? thanks, hope everyone had a good crimbo and new year, back to dealing with the norm

Hiya, really sorry for the delay - as you can see, we've had a lot going on.

You should, if not already sent, respond to Midas with the following: ---> Threat-o-Gram - Letter before Action

[Aile5]

Re: Help with Unenforceability

Hi NID
Seen that, thanks. I did send this yep, and have received another letter yesterday, stating that as I have not contacted them to arrange payment, they may send a home rep out to me too determine how I will pay the balance before maybe starting legal proceedings? How many letters/times do they threaten you with court before actually doing it? What should I do now? thanks v much

[Never-In-Doubt]

Re: Help with Unenforceability

Hi NID
Seen that, thanks. I did send this yep, and have received another letter yesterday, stating that as I have not contacted them to arrange payment, they may send a home rep out to me too determine how I will pay the balance before maybe starting legal proceedings? How many letters/times do they threaten you with court before actually doing it? What should I do now? thanks v much

Check royal mail when they signed for your letter - I presume they crossed in the post?

[Aile5]

Re: Help with Unenforceability

Hiya
No they sent me the one about court to which I replied with the letter you stated and they then sent this one which I only got the other day-(the one about doorstep collector and then court again) don't know what to do now... thanks by the way gr8 help.

[Never-In-Doubt]

Re: Help with Unenforceability

Hiya
No they sent me the one about court to which I replied with the letter you stated and they then sent this one which I only got the other day-(the one about doorstep collector and then court again) don't know what to do now... thanks by the way gr8 help.

Hiya

I can only presume they have crossed letters in post so sit tight for now - don't worry, a doorstep collector has no rights - just say (if one comes) dunno who you mean, sorry mate - and shut the door!

[jadex]

Re: Help with Unenforceability

I have a strange (or maybe not) situation with B'card.
I stopped paying in Dec 2009, and went through the whole process.
The account done its rounds between usual suspects (all the way from Mercers to Moorcroft).
BUT, they have never issued Default Note and (what is more important, I think) never registered default with CRAs.
Moorcroft sent me a litigation threat-o-gram in December. I responded accordingly.
The put account on hold and investigated it. Surprise, surprise, they sent me a letter that after checking with their client B'card has discharged itself from s.78 request (which is obviously wrong, as they sent me the same nonsense letters like many others also got, but what would you expect from them to tell to Moocroft?).
So, 3 days later I got another threat-o-gram from Moocroft with nice table listing all the fees which they will add to claim and rubbish sentence: Please note, we have confirmed with a major public utility that you are in occupancy at the above address.

My question is:
Can they even take me to the court without defaulting my account? Wouldn't it be a breach of the process?
And now is too late for them to register default - does it mean they have technically shoot themselves in the foot?

But from another perspective - will this account ever drop from my credit file as it is not closed, neither defaulted, just in arrears?

[Never-In-Doubt]

Re: Help with Unenforceability

They MUST issue default and terminate the agreement or it'll be thrown out of court cos you cannot take action against a live account. It has to be defaulted.

The problem is the credit file, but we can worry about that later cos they should be issuing default within 6 months.....

[roomtobreathe]

Re: Help with Unenforceability

I have a CC and overdraft with Nationwide and also have my mortgage with them. Currently in the process of requesting CCA for the CC. Is there any way they can involve the mortgage with my debts?

And while I'm here, any idea of the address for Nationwide to send a CCA to? I've got more addresses for them than I can shake a stick at.

[Never-In-Doubt]

Re: Help with Unenforceability

I have a CC and overdraft with Nationwide and also have my mortgage with them. Currently in the process of requesting CCA for the CC. Is there any way they can involve the mortgage with my debts?

Nope, your mortgage is a secured product, the loans/cards etc are not.

And while I'm here, any idea of the address for Nationwide to send a CCA to? I've got more addresses for them than I can shake a stick at.

See here: ---> http://www.nationwide.co.uk/about_na...nformation.htm

The Subject Access Request Team
MAA
Nationwide Building Society
Kings Park Road
Moulton Park
Northampton
NN3 6NW