Help with Unenforceability [UPDATED 01/2020]

[Never-In-Doubt]

Re: Help with Unenforceability

Hi Niddy,

It has been just over a month now and I still have not heard anything back from FairFax. Looks like they have finally got the message.

GujuJainUK

We can only hope!

[gujujainuk]

Re: Help with Unenforceability

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

Hi Niddy,

It has been just over a month now and I still have not heard anything back from FairFax. Looks like they have finally got the message.

GujuJainUK

[The Tech Clerk]

Re: Help with Unenforceability

H.L. sols well so called 75p letters for sale, if you receive one look on the side of letter possible would say capquest, or paragraph stating reply to capquest dierect not H.L.

[Never-In-Doubt]

Re: Help with Unenforceability

Hi NID
ok thanks. Just wanted to make sure as never had to ignore them before lol... Even though I was previously writing letters to moorcroft, and now passed to capquest should I not send capquest the account in dispute letter also, or is it not necessary? ta muchly, just making sure. they been phoning constantly but havent spoke to them.

Not necessary - you simply ignore them now and wait til they send something more significant!

[Aile5]

Re: Help with Unenforceability

Hi NID
ok thanks. Just wanted to make sure as never had to ignore them before lol... Even though I was previously writing letters to moorcroft, and now passed to capquest should I not send capquest the account in dispute letter also, or is it not necessary? ta muchly, just making sure. they been phoning constantly but havent spoke to them.

[Never-In-Doubt]

Re: Help with Unenforceability

Hi NID
A bit of help if poss please. Havent heard anything in a while, until today automated call and letter, account been passed from moorcroft to now capquest. They state if I dont reply and arrange replayment then my account WILL be passed to their legal team HL solicitors. Lordy, what should I do now? ta

Nuffin, ignore them for now. Don't worry. :niddy

[Aile5]

Re: Help with Unenforceability

Hi NID
A bit of help if poss please. Havent heard anything in a while, until today automated call and letter, account been passed from moorcroft to now capquest. They state if I dont reply and arrange replayment then my account WILL be passed to their legal team HL solicitors. Lordy, what should I do now? ta

[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

[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

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.....

[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

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!

[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

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

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