Sharon2345 Unenforceability Diaries

[Sharon2345]

Re: Sharon2345 Unenforceability Diaries

Hi Sharon,
Welcome to AAD
I would write to the DMP advising them you no longer require their services and they are to not expect any further payments from you.

Cheers
Missy

Edit: Have you heard anything from Arrow RE: Egg - i see you are approaching 6 years on that one?!

I am waiting on hearing from Arrow Global regarding the 'missing PT letter' i sent them. Not heard anything but no doubt i will. I have checked my credit report this debt default no longer appears on my file. So longer than 6 years this was opened and defaulted.

Thanks for the advise on DMP i will send a letter out asap!

[SA Gold]

Re: Sharon2345 Unenforceability Diaries

I am waiting on hearing from Arrow Global regarding the 'missing PT letter' i sent them. Not heard anything but no doubt i will. I have checked my credit report this debt default no longer appears on my file. So longer than 6 years this was opened and defaulted.

Do you have a copy of your credit file with the default on? If so, and its Statue Barred (i assume you stopped payments at or before the default date), then i guess the reply to any litter they send maybe different.

Thanks for the advise on DMP i will send a letter out asap!

No problem, all the best with it

[Sharon2345]

Re: Sharon2345 Unenforceability Diaries

Do you have a copy of your credit file with the default on? If so, and its Statue Barred (i assume you stopped payments at or before the default date), then i guess the reply to any litter they send maybe different.


No problem, all the best with it

No I stopped paying through dmp in may 2013 so it's not statue barred. Or do you mean last made payment to original creditor? The default of this loan has gone from my report?

Wish I knew about this before as I wouldn't have ace payments via dmp. I wanted to pay my debts off but these greedy so and so's declined my offer so they deserve it.

[Sharon2345]

Re: Sharon2345 Unenforceability Diaries

Hi Everyone,

I sent Credite Experto the missing PT terms letter and thet responded by sending me a letter stating 'please be assured that the documents supplied were provided in good faith'. I responded with another letter saying i require a true copy of the PT terms & conditions etc etc and until then the account is closed. They have written again to me on 28th June 2013 stating that they have no reason to beleive the debt is not enforceable and do not believe there is any outstanding dispute. The enforceability of the account can only be decided by court. Your belief that this debt may not be enforceable does not stop collections activity from continueing and we believe that the above debt remains due. We look forward to hearing from you and receiving your proposals for repayment of the debt. Please be assured that we are happy to take into consideration your current financial circumstances.

I am not sure now what to reply? Any advice would be very much appreciated. Many thanks

[SA Gold]

Re: Sharon2345 Unenforceability Diaries

No I stopped paying through dmp in may 2013 so it's not statue barred. Or do you mean last made payment to original creditor? The default of this loan has gone from my report?

Wish I knew about this before as I wouldn't have ace payments via dmp. I wanted to pay my debts off but these greedy so and so's declined my offer so they deserve it.

Hi Sharon,
Sorry i missed this from the date you posted. Statue Barred is six years from payment (doesnt matter to whom); so its six years from May 2013 in this case.
Good that its vanished from your credit file thou as it won't effect any future lending

Hi Everyone,

I sent Credite Experto the missing PT terms letter and thet responded by sending me a letter stating 'please be assured that the documents supplied were provided in good faith'. I responded with another letter saying i require a true copy of the PT terms & conditions etc etc and until then the account is closed. They have written again to me on 28th June 2013 stating that they have no reason to beleive the debt is not enforceable and do not believe there is any outstanding dispute. The enforceability of the account can only be decided by court. Your belief that this debt may not be enforceable does not stop collections activity from continueing and we believe that the above debt remains due. We look forward to hearing from you and receiving your proposals for repayment of the debt. Please be assured that we are happy to take into consideration your current financial circumstances.

I am not sure now what to reply? Any advice would be very much appreciated. Many thanks

This is all standard stuff. Basically, they will always say they see no problem and move swiftly on to "how do you want to pay". General opinion is to get the CCA off to cover bases and then ignore these "general" letters. Obviously, update the forum with a scanned copy of the letter for advice; but we only tend to reply to anything naughty

All the best,
Missy

[Sharon2345]

Re: Sharon2345 Unenforceability Diaries

This is all standard stuff. Basically, they will always say they see no problem and move swiftly on to "how do you want to pay". General opinion is to get the CCA off to cover bases and then ignore these "general" letters. Obviously, update the forum with a scanned copy of the letter for advice; but we only tend to reply to anything naughty

All the best,
Missy

Hi missy,

Shall i just ignore this letter now then? Or shall i send a letter to say account closed until you supply me with the true documents requested in my CCA request?

[SA Gold]

Re: Sharon2345 Unenforceability Diaries

Hi missy,

Shall i just ignore this letter now then? Or shall i send a letter to say account closed until you supply me with the true documents requested in my CCA request?

hiya,
I'd just ignore it for now. They will probably send a similar letter whenever they have a new printer/different quality paper delivered in the near future, but just ignore for now and keep the forum updated with any calls/letters etc

[Sharon2345]

Re: Sharon2345 Unenforceability Diaries

Arrow Global have written to me on 19th July 2013 in response to the missing PT letter I sent:

We note you contend the copy agreement and terms and conditions provided is UNENFORCEABLE. We do not agree with your interpretation of the statute. We believe the agreement complies with the statute and we intend to pursue payment of the debt. You have remedy available to you by way of applying to the court for the appropriate declaration. In the absence of any such declaration and/or notice of application for the same, we will pursue the action advised if any.
Further details regarding transactions prior to assignment should be queried with the originating creditor directly. We are not obliged to provide this information.
We trust the above is satisfactory if you have any further dispute or you feel that we have misunderstood your reason for submitting this dispute, please contact us as soon as possible so we can investigate the matter fully we enclose a form for you to complete and sign and return to us.

The form asks for details of why I am disputing debt provide full documents referred to dates and calls and sign it.


Now what do I do with this? Ignore it or send them PT letter again?

[Never-In-Doubt]

Re: Sharon2345 Unenforceability Diaries

Ignore em!

[Sharon2345]

Re: Sharon2345 Unenforceability Diaries

Ignore em!

LOL.....Many Thanks Niddy

[Sharon2345]

Re: Sharon2345 Unenforceability Diaries

Quick question, if a DCA did not action your CCA request and asked you to send it to the original lender and you have sent the original lender the CCA request and not heard anything but the DCA keeps sending payment demand letters. Do I write to the DCA saying debt in dispute still waiting for CCA documents or do I ignore them until the original lender sends me something?

[MrsD]

Re: Sharon2345 Unenforceability Diaries

the CCA request should have been sent to the eejits who are chasing, regardless of whether they are the OC or not, they have a duty to produce the goods as they shouldn't be chasing anything they haven't got lawful paperwork for (in theory anyway)

[The Tech Clerk]

Re: Sharon2345 Unenforceability Diaries

YES! account in dispute until such time as they comply with the request. let them know, also suggest you state that any more harassment during the time it takes for the request be complied with their letters will be forwarded to the regulator. other may also suggestions for you!?

[Sharon2345]

Re: Sharon2345 Unenforceability Diaries

YES! account in dispute until such time as they comply with the request. let them know, also suggest you state that any more harassment during the time it takes for the request be complied with their letters will be forwarded to the regulator. other may also suggestions for you!?

Is there as template letter available to send?

[MrsD]

Re: Sharon2345 Unenforceability Diaries

I'd just use the sold in dispute