kays / very - ndr debt CRA

[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...

[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.....

[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

[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

[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

[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

[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

[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!!!!!

[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

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

[Never-In-Doubt]

Re: kays / very - ndr debt CRA

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.

Ok, to satisfy this s.78 they should be sending terms as at the time the agreement started plus a copy of amendments plus a current copy - now the issue lies with the fact they've sent you random terms that they had in place - NOT specific ones to you that you read, acknowledged and agreed to - right? Making sense?

So, as a result of them failing to fulfil your s.78 request by sending generic terms for "an account" (not your account) means they cannot enforce this in a court, however they may well try but then we'll send you our on-site legal help whou would take great pleasure in kicking their arses for you....

We have all bases covered here, ask the question we will supply the answer for you.....

[Never-In-Doubt]

Re: kays / very - ndr debt CRA

what template would you suggest??

Uh?

Read back a page (---> http://forums.all-about-debt.co.uk/s...88&postcount=7 )!

Ok, are you able to scan and email me the stuff they sent you - then at least I can be 100% specific as to what it is they sent and also confirm the actual status (ie unenforceable or enforceable) as right now I am unsure exactly what it is you have in front of you......

[hayleebec]

Re: kays / very - ndr debt CRA

yes i can do that, how?

sorry message crossed!!

[Never-In-Doubt]

Re: kays / very - ndr debt CRA

see my signature.......

[garlok]

Re: kays / very - ndr debt CRA

At the moment haylee, don't send anything. If you can scan the stuff up for Niddy then do so ASAP. He will pretty soon sort out whether they are trying it on with you. If want technical legal data we can give it to you but it will only confuse the issue. Have another read of samsmum's post.

We are not here to mislead, honestly, we have not yet won totally our own battles which are now four years long. I just wish very sincerely that I had these guys around me when we started out on this road, BUT trying to do the right thing, be repsonsible will NOT gain you any brownie points whatsoever.

Either they have obeyed the LAW in every detail or they have not and obeying is highly unlikely with this lot. It might also be of some comfort to you to know that the very author of the ACT itself (CCA1974) said that if the creditor fails in any way to comply with the Act then it is perfectly proper that they pay the penalty laid down in the legislation which is they lose the right to enforce the agreement.

That is you don't pay. They have only one weapon to use against you. That is your OWN fear of what they might or might not do. So at the moment don't panic, settle down and have sleep easier tonight. The members as a whole here have been or are going through what you are at the moment, some a hell of a lot worse. You are here now and our ethic is to solve these problems at the least or no cost to yourself using every legal tool at our disposal.

What we do is not always an easy road and it is not a magic wand, but does turn people's lives around. Have a read around the site there are some amazing stories on here backed up by the courts on the very rare occasions that becomes necessary. Most creditors will run when AAD's procedures are followed.

Please take some comfort from that.

regards
Garlok