Buffy's diary

[buffy300577]

Re: Buffy's diary

Oops sorry yeah meant CCJ (CCF is something we have at work and was force of habit to write that). I'm having a good read at the forums now that the kids have gone to bed. Will also prepare CCA letters to send to HSBC

[buffy300577]

Re: Buffy's diary

Letters send on Weds. Should I cancel the DMP with Payplan and stop all payments or send our creditors letters to accept £1 token payments for the next 6 months?
I would like to stop working in September, I have a son that is starting school and my daughter is only 8 months but I had to go back to work early after maternity to afford debt repayments. My mum has been helping us with childcare but she is going back home in September. If I tell our creditors that I am unemployed now is there a way they can check that?

[buffy300577]

Re: Buffy's diary

I contacted Payplan yesterday and told them we will be reducing the payments to £1 per creditor. The 14+2 days are these business days?

[Never-In-Doubt]

Re: Buffy's diary

I contacted Payplan yesterday and told them we will be reducing the payments to £1 per creditor. The 14+2 days are these business days?

nope just days (weekends count)

[buffy300577]

Re: Buffy's diary

14+2 days was today. Is it best if I completely stop paying then or carry on with the £1 token. I will wait a week or so before I send them the next letter. This one?
Our Templates | Unenforceability Templates | CCA Reminder - Unenforceability Threat

[Deepie]

Re: Buffy's diary

14+2 days was today. Is it best if I completely stop paying then or carry on with the £1 token. I will wait a week or so before I send them the next letter. This one?
Our Templates | Unenforceability Templates | CCA Reminder - Unenforceability Threat

If it was me I would stop paying......and I would just wait to see what they send the longer the better...........

[buffy300577]

Re: Buffy's diary

HSBC are here to annoy me. I had an overdraft and a loan with them and when these were send to Metropolitan they combined them into one. I send them a CCA and today I got a letter back from them that only references the overdraft. They just send me statements and a letter saying that Section 78 of the Consumer Credit Act 1974 does not apply to current accounts (overdraft). They put a default on the account and the CCA letter I send them was also asking for the copy of the default notice (which they never send me to begin with) and again there is no mention of the default notice.

[buffy300577]

Re: Buffy's diary

Ok update today i got the letter from metropolitan that ref the loan. They don't have the documentation now and they will issue them to me when they do. How long should I wait before sending CCA Reminder - Unenforceability Threat? I will make the payments this month but then thinking of stopping. That would give them 30 days to see what they come back with

[Deepie]

Re: Buffy's diary

Ok update today i got the letter from metropolitan that ref the loan. They don't have the documentation now and they will issue them to me when they do. How long should I wait before sending CCA Reminder - Unenforceability Threat? I will make the payments this month but then thinking of stopping. That would give them 30 days to see what they come back with

If it was me I would stop paying now ............

[buffy300577]

Re: Buffy's diary

Great day today, Barclaycard send following letter.
"Please find a reconstituted copy of credit agreement. we are unable to provide copy of terms of your credit agreement. we accept that we are prevented from enforcing our agreement with you while this state of affairs continues. we have suspended your account because in our view there is significant risk that you will cease payments (no shit lol). This is temp measure, we have have not closed your account (dammit)".

I also asked for a copy of the default notice which the relevant department will contact me about.

I am to assume that they just confirmed that the account is unenforceable?

Should I sit back and enjoy or do I need to send them anything in reply?
If I don't hear but about the default notice should I ask for the default to be removed, or try and get a F+F including removal of the default?

[Deepie]

Re: Buffy's diary

Great day today, Barclaycard send following letter.
"Please find a reconstituted copy of credit agreement. we are unable to provide copy of terms of your credit agreement. we accept that we are prevented from enforcing our agreement with you while this state of affairs continues. we have suspended your account because in our view there is significant risk that you will cease payments (no shit lol). This is temp measure, we have have not closed your account (dammit)".

I also asked for a copy of the default notice which the relevant department will contact me about.

I am to assume that they just confirmed that the account is unenforceable?

Should I sit back and enjoy or do I need to send them anything in reply?
If I don't hear but about the default notice should I ask for the default to be removed, or try and get a F+F including removal of the default?

Just sit back, relax and forget about it ..........

[MrsD]

Re: Buffy's diary

Buffy I would quit while i was ahead!!!

this is a result, they've put in writing that they cannot find the correct terms for the agreement, they won't write it off and probably won't remove the default but you've essentially won here

please tell me you're not still paying this, I certainly wouldn't be


great minds again!!!

[buffy300577]

Re: Buffy's diary

Last month (28th) Payplan made £1 payment to them. I will email my advisor to remove this creditor from the DMP.

[buffy300577]

Re: Buffy's diary

CCA back from Aqua today, it looks pretty enforceable to me. Its the original application with husband signature on it and at the back has the "CC regulated by the consumer credit act 1974" plus original and current T&Cs.

[Susie]

Re: Buffy's diary

Best thing is to let Niddy look, he knows what to look for and picks up on things other people miss. Good luck