Help with Unenforceability [UPDATED 01/2020]

[Never-In-Doubt]

Re: Help with Unenforceability

cheers y

[Spacehopper]

Re: Help with Unenforceability

Hi, You helped me out some time ago(other forum). I have received the latest repsonse from Cap One in response to an amended AndyLGR template letter. Could I send you a PM and attached a PDF. Tried but failed at the moment as this is still in the outbox.

Hope you can help.

Thanks

[pepe2008]

Re: Help with Unenforceability

Hi Niddy, nice to locate you again!
Looking for a little assistance here. As you know I have had 1st Credit on the run for quite some time with no CCA from Citi, following a Compensation Payment to me forced by the FOS, they have tried a 'reconstituted Copy'. I replied along the lines of 'you must be joking, read the requirements of CPR and until you can fulfil all these, then come back'. They have said that they'll ask their Client ( who he? You bought the debt, idiots) and will expect full settlement in 7 days when they provide the required docs. Shaking in my boots I am. Not.
In the interest of getting rid of the rest of my debts, 11 more Creditors, I was going through past replies from various CCs received before my knowledge ( and courage) started to grow. MBNA, MINT and UNIVERSA ( Style) have all sent almost word for word the same 'Agreements' which are in my view just the Applications.
Although they have been signed by me AND them in all cases, none carry the 4 required phrases re Interest, repayments, limits etc and none refer to separate T&Cs. These three total some £16,000. The smallest is Universa at £700 ish, so I'm thinking that I could give them a push on the Unenforceability and see where we go. OK to PM you a scan of their 'Agreement' for a look?
Cheers Niddy, good to see you here.

[Never-In-Doubt]

Re: Help with Unenforceability

Hi, You helped me out some time ago(other forum). I have received the latest repsonse from Cap One in response to an amended AndyLGR template letter. Could I send you a PM and attached a PDF. Tried but failed at the moment as this is still in the outbox.

Hope you can help.

Thanks

Hiya

email me the PDF - I got your email, but nothing attached.

Use my normal email: never-in-doubt@live.co.uk

Cheers

[Never-In-Doubt]

Re: Help with Unenforceability

Hi Niddy, nice to locate you again!
Looking for a little assistance here. As you know I have had 1st Credit on the run for quite some time with no CCA from Citi, following a Compensation Payment to me forced by the FOS, they have tried a 'reconstituted Copy'. I replied along the lines of 'you must be joking, read the requirements of CPR and until you can fulfil all these, then come back'. They have said that they'll ask their Client ( who he? You bought the debt, idiots) and will expect full settlement in 7 days when they provide the required docs. Shaking in my boots I am. Not.
In the interest of getting rid of the rest of my debts, 11 more Creditors, I was going through past replies from various CCs received before my knowledge ( and courage) started to grow. MBNA, MINT and UNIVERSA ( Style) have all sent almost word for word the same 'Agreements' which are in my view just the Applications.
Although they have been signed by me AND them in all cases, none carry the 4 required phrases re Interest, repayments, limits etc and none refer to separate T&Cs. These three total some £16,000. The smallest is Universa at £700 ish, so I'm thinking that I could give them a push on the Unenforceability and see where we go. OK to PM you a scan of their 'Agreement' for a look?
Cheers Niddy, good to see you here.

Hiya

Nice to see you here...... I'd be applying for CCA's from all lenders, unless you've been ignoring them and counting down statute barred - in which case continue to ignore them and do not request a CCA.

Yep, email me whatever (remember to add your username in subject line) and send to address as noted in my last reply, above! 2

[Spacehopper]

Re: Help with Unenforceability

Hiya

email me the PDF - I got your email, but nothing attached.

Use my normal email: never-in-doubt@live.co.uk

Cheers[/quote]

Hi, Thanks. Will send pdf within next 30 minutes

Cheers

[Never-In-Doubt]

Re: Help with Unenforceability

Hi, Thanks. Will send pdf within next 30 minutes

Cheers

Cheers email received, will update over the weekend when I filter emails, probs be sat/sun.

[pebbles88]

Re: Help with Unenforceability

hi niddy,

just a quick question, my shatwest c/c - have admitted they dont have cca via the ombudsman, i stopped token payments months ago.... sent the letter from mse you devised telling them to go away due to them not having this...this was ignored, so sent another letter from your templates again so go away, you've already been warned etc...they have still ignored me and today i have got a letter saying:

i am disappointed to note that you have failed to comply with our agreement.

unless i receive an immediate payment to your account and regular payments thereafter, as arranged. I will have no alternative but to place your account in the hands of external debt collecting agents without prior warning

if a money advisor is assisting you, you should bring this letter to their attention.

if you have made the required payment within the last five days, please ignore this letter.

im a bit stressed with things at the moment, and would very much appreciate your advice. they dont have the cca, but i cant face the fight with external dca as well. things are crap enough at the moment!

[Never-In-Doubt]

Re: Help with Unenforceability

Hiya

Ignore them - you understand how s.127 (unenforceability) works don't you? The lender cannot take formal action of an UE debt; they can though continue to ask you to pay cos it is owing - we know that, but they cannot force you to pay via the courts. So all you do it ignore them, let them sell it left right and centre, and all you do is send a photocopy of their letter confirming they cannot find the agreement with a copy of my account sold whilst in dispute template to each new DCA and they will stop hassling you.

After 6yrs this will vanish totally, legally in respect of statute barred and also legally in line with s.87/s.88 CCA (issuance of default notices and validity periods)....

[pebbles88]

Re: Help with Unenforceability

Hiya

Ignore them - you understand how s.127 (unenforceability) works don't you? The lender cannot take formal action of an UE debt; they can though continue to ask you to pay cos it is owing - we know that, but they cannot force you to pay via the courts. So all you do it ignore them, let them sell it left right and centre, and all you do is send a photocopy of their letter confirming they cannot find the agreement with a copy of my account sold whilst in dispute template to each new DCA and they will stop hassling you.

After 6yrs this will vanish totally, legally in respect of statute barred and also legally in line with s.87/s.88 CCA (issuance of default notices and validity periods)....

thanks me dear, i know we've discussed this before. i just got a bit panicy when i saw the letter. im abit off kilter anyhow at the moment, thanks again. i will sit tight, and give you a shout if its gets really bad? if thats ok?

[Never-In-Doubt]

Re: Help with Unenforceability

thanks me dear, i know we've discussed this before. i just got a bit panicy when i saw the letter. im abit off kilter anyhow at the moment, thanks again. i will sit tight, and give you a shout if its gets really bad? if thats ok?

Hiya

No problemo - give me a shout whenever you need to...... ;-y

[pebbles88]

Re: Help with Unenforceability

Niddy,

hi again,

i really need your help.

shatwest have now got triton involved, and they have sent a payment demand letter.

I have just had a huge fight with triton several months ago regarding a loan that we now actually have a ccj for as they did have all the paperwork, but we are making regular payments

shatwest do not have the paperwork for this (CCA) credit card, and i have a letter from the Ombudsman stating they have admitted this, will a copy of this sent to triton be enough to stop them? they were really horrific earlier this year, i was getting letters literally every other day. my DH has left me, and right now, i dont know if i have any fight left in me. they are demanding the full payment £9600.


brief recap - i have been making £1 payments for ages, but stopped on your advice several months ago, shatwest wrote saying they were disappointed i hadnt stuck to our agreement, and that if they didnt get a payment soon they would take further action without notice. and now this has arrived today.

I have copied the ombudsman letter, but im not sure what else to send with it? please please help.

[BorassicLint]

Re: Help with Unenforceability

Hi Nid,

Hope you and the family are well.

Just an update on my LTSB. I sent the sold in dispute letter a couple of months ago to the DCA and had a reply back saying they didn't know about the CCA request etc. Today I received a letter from the DCA saying that as they are not in receipt of their client's further instruction they have closed their file and returned it back to LTSB and I won't hear further from them

Will let you know if I hear from LTSB
Thanks k

[burtontradekit]

Re: Help with Unenforceability

Hi Niddy,
Finally found you !!!!
Great new site mate... very informative!!!
I am still at stalemate with my creditors at the moment. They are now offering f+f settlements on most of my accounts. ie/ £9000 reduced to £1650.
Sounds a good deal I know just a shame they are unenforceable!!!
Hope alls well with you, I will be following the new site with interest.....
Good luck everyone.

[Never-In-Doubt]

Re: Help with Unenforceability

Niddy,

hi again,

i really need your help.

shatwest have now got triton involved, and they have sent a payment demand letter. I have just had a huge fight with triton several months ago regarding a loan that we now actually have a ccj for as they did have all the paperwork, but we are making regular payments. Shatwest do not have the paperwork for this (CCA) credit card, and i have a letter from the Ombudsman stating they have admitted this, will a copy of this sent to triton be enough to stop them? they were really horrific earlier this year, i was getting letters literally every other day. my DH has left me, and right now, i dont know if i have any fight left in me. they are demanding the full payment £9600. Brief recap - i have been making £1 payments for ages, but stopped on your advice several months ago, shatwest wrote saying they were disappointed i hadnt stuck to our agreement, and that if they didnt get a payment soon they would take further action without notice. and now this has arrived today. I have copied the ombudsman letter, but im not sure what else to send with it? please please help.

Hiya

Calm down dear! It is fine, don't stress and get worked up about this, exactly what are triton saying? I presume they have bought the debt in which case, copy the ombudsmans letter and send a copy, with the template below, to them.

Add the following text to the template - after the inverted part detailing s.127(3) -

"Please find attached with this letter proof from the Ombudsman that Natwest do not have an agreement for this alleged debt, therefore as we both know full well no enforcement action can be taken in line with s.127(3) (CCA1974). You are also reminded to take note of the provisions of s.61(1)(a) and s.65(1) CCA1974."

Template is here: ---> viewtopic.php?p=2309#p2309