kays / very - ndr debt CRA

[hayleebec]

Re: kays / very - ndr debt CRA

what template would you suggest??
thankyou for all you help much appreciated

[Never-In-Doubt]

Re: kays / very - ndr debt CRA

really sorry about this but need to get it clear in my head!!

in the credit request letter i recieved back it says
'Please find enclosed a copy of your current credit agreement which includes all applicable contractual variations and amendments that have taken place since your account was opened.

in the letter i 'found on net' to reply with says
'In your response you confirm this as a true copy of the original agreement executed by yourselves on the XXXXX'
they didn't??
i can't see how just ignoring it will make it 'go away'??

oh god help!!!!!

instead of stressing try reading some of the links we've posted, such as diaries etc then you'll see how it "goes away"

You have gotten an out of date letter from somewhere and we're simply saying - stop & think! Pointless sending a letter you know is out of date, however you need to understand what it is we do here - we do not encourage you to pay debts, quite the opposite but legally using their bad practices against them via way of incorrect issued agreements.

That's it - simples. How on earth can someone sue you when they aint got the paperwork that you allegedly agreed to? It will go away cos we'll make them back down with the way we ask you to respond, to whatever it is they may send you - that's what others are also telling you - follow us and you'll be fine!

[hayleebec]

Re: kays / very - ndr debt CRA

really sorry about this but need to get it clear in my head!!

in the credit request letter i recieved back it says
'Please find enclosed a copy of your current credit agreement which includes all applicable contractual variations and amendments that have taken place since your account was opened.

in the letter i 'found on net' to reply with says
'In your response you confirm this as a true copy of the original agreement executed by yourselves on the XXXXX'
they didn't??
i can't see how just ignoring it will make it 'go away'??

oh god help!!!!!

[samsmum]

Re: kays / very - ndr debt CRA

Hi Haylee. I'm pretty new to all this myself and it seemed to go against everything i'd been trying to do for years. I'd been struggling on debt plans etc but whatever i did was never good enough and i was getting nowhere fast. Debt to me was not just about owing money. It affected our whole lives and our marriage. Its not always easy and half the time i've not got a clue what i'm doing and dont understand all the technical terms but i can honestly say that being introduced to this site has been life changing for us and is the best thing we've ever done. I'm learning that taking a back seat and ignoring letters,calls etc can be the right thing to do and that i just need to have faith in the guys on here(and i have 100%)and that they wont let me down and i wont get into a bigger mess if i just follow what they tell me step by step.
Sorry for rambling on but hope it helps. Good Luck

[Never-In-Doubt]

Re: kays / very - ndr debt CRA

Why send that? Where on earth did you find it anyway?

Its not relevant PLUS you're actually doing their jobs for them - you do not need to do this, in fact we NEVER tell a creditor what they've done wrong, kinda like taking someone to court and giving them their own evidence, they are directly in breach of your s.78 request and therefore they cannot enforce this debt - simples.

Stop trying to be nice to them, they will not reciprocate - trust us, we're old school and very long in the tooth......

ps a signature is not required and has no effect on the enforceability of any agreement so whatever you do, omit that part regardless.... As for processing data, s.10 (DPA1998) will no longer protect you as a result of McGuffick v RBS so they'll (correctly) refuse that anyway.

What you need to realise is our templates are updated using the latest legislation MONTHLY. The template you suggest is quite out of date

[hayleebec]

Re: kays / very - ndr debt CRA

think am going to send them the following see what i hopefully get back!!
just to clarify the bit about 'In your response you confirm this as a true copy of the original agreement executed by yourselves on the XXXXX' what date do i put there, date they sent it out or date account was opened??

Address

Date

Dear sir/madam

Thank you for your response to my request under the Consumer Credit Act section 78.
In your response you confirm this as a true copy of the original agreement executed by yourselves on the XXXXX.

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any (prescribed terms / signature) means that a court would be prevented from enforcing it under s127(3).

I am granting to you a further 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt.

After this period you should close the file and cease processing an personal datarelating to me on this matter.

Yours faithfully

[garlok]

Re: kays / very - ndr debt CRA

The other really useful link with the site that I forgot (slapped wrist) to put in the previous post was this one:-

>Unenforceability Diaries - Read me First! - allaboutFORUMS


regards
Garlok

[garlok]

Re: kays / very - ndr debt CRA

Hi haylee,

Niddy (never-in-doubt by the way) is correct in my view. Have a read of others diaries on here and perhaps have a look here:-

>Help with Unenforceability - allaboutFORUMS

To give you a start and then we can move forward with the best approach.

regards
Garlok

[Never-In-Doubt]

Re: kays / very - ndr debt CRA

credit file is shot anyway so not bothered about that!, was quite happy paying them an amount each month but they not satisfied with that, wasn't till i started doing some 'research' i found out about all this!

Ok so if your credit file is shot, why not consider stopping paying them and then let it become statute barred? Paying a debt that will never reduce is fruitless.....

[Deepie]

Re: kays / very - ndr debt CRA

credit file is shot anyway so not bothered about that!, was quite happy paying them an amount each month but they not satisfied with that, wasn't till i started doing some 'research' i found out about all this!

Can't see any harm in stopping paying then...

[hayleebec]

Re: kays / very - ndr debt CRA

credit file is shot anyway so not bothered about that!, was quite happy paying them an amount each month but they not satisfied with that, wasn't till i started doing some 'research' i found out about all this!

[Riz]

Re: kays / very - ndr debt CRA

Bad Niddy eh?

Not really.

Sometimes it's entirely the right thing.

[Never-In-Doubt]

Re: kays / very - ndr debt CRA

Just telling them to "feck off" and stop paying may not be the most appropriate thing.

Bad Niddy eh?

[Riz]

Re: kays / very - ndr debt CRA

But yea, each of these templates are similar with the addition of one para per situation so it's really not much difference either way! But I do see your logic shine through (somewhere)

It usually does.

Lets not forget that SDG never sent out agreements until your first statement so not many people signed them and going on the dates of the account, I would bet my house that they do not have an agreement ergo the OP could just say feck off

They could indeed.

But I did raise the point of:

- Whether these "defaults" had actually been applied to credit files yet
- Would that be a disaster for the OP if they were?
- Or does their general situation mean that is of little consequence?
- Are they wishing to just stop paying, or was the CCA request (and any unenforceability) merely intended as negotiating tool?

Depends on the OPs position and what they are trying to achieve.

Just telling them to "feck off" and stop paying may not be the most appropriate thing.

EDIT:

Cross posted.

[Never-In-Doubt]

Re: kays / very - ndr debt CRA

Haylee

If you can help by confirming what your general debt situation is that'd be great - thing is these templates (thus our side chat) are designed to best suit a situation, and are to be amended to suit per account. That said we'd never suggest you go down the UE route unless it was the best thing for you - so if you can share with us, are you in other debt and if so what, then we'll be able to offer far better support for you.

However in the meantime, you're free to adapt the templates mentioned, to suit your situation... Rizzle is right what he says, we're just trying to find the best solution for you....

best of luck.