XX007 - UE Diary - Tomorrow never dies

[XX007]

Re: XX007 - UE Diary - Tomorrow never dies

Niddy & plan B thanks for your posts. Having looked at my credit file every one of them has registered a default except for the three Barclaycards.

As you say I will need to keep making payments, can I still argue unenforceability at the same?

My aim is to get settlements on the cards where I can, once I have some money to settle.

My other aim is to avoid court action and CCJ's.

I presume it will only turn out to be the Nationwide & Sainsbury that have enforceable CCA's hopefully. My original Barclaycard was sent to me without me asking for it so it will be interesting to see what they come up with.

So that said do I need to do anything about Nationwide and their final notice before legal action commences letter. They gave me 14 days and its up now. Will they really go straight for a CCJ like they told me? I did send them a letter asking about monthly payments but I have received no response.

[MrsD]

Re: XX007 - UE Diary - Tomorrow never dies

are you still paying nationwide?

this harassments stems from these phonecalls

these people are on commission, they get commission on the payments YOU make, therefore it's within their interest to up your payments, because it means more commission

so first rule no phone calls
If I were you I would send nationwide a letter pointing out that you are still making payments which they agreed, and that you are being harassed by them. Tell them there is no more money, they are getting all you can afford and you have other creditors.

I wouldn't fill in any I&e as they just use these to torment you further.

get it off to-day 1st class recorded and track to receipt mark it complaint at the top of the letter and address to the Complaints Officer

I don't think they'll take you to court at the moment as I think that this is just a desparate desk jockey attempting to up this year's commission but I wouldn't be taking the risk. Get that off and then we'll look at a plan for the rest

[XX007]

Re: XX007 - UE Diary - Tomorrow never dies

Thanks for the link to the defaults thread I am more informed now, I find it strange Barclaycard have not marked the file yet where as all the others have.

Mrs D I am paying Nationwide £6 per month.

No phone calls and No I & E. Promise

I am sending out a letter as you suggested saying what you suggested.

What's a good strategy to use if I get a phone call.

[Never-In-Doubt]

Re: XX007 - UE Diary - Tomorrow never dies

Hi

ok, if folk call you just say "sorry please write" and hang up. It'll be recorded that you've said write to me only. They do listen in time.......

As for moving forwards; have you got funds set aside to make offers? If not then you're best carrying on with monthly amounts.

[Never-In-Doubt]

Re: XX007 - UE Diary - Tomorrow never dies

ps In reply to your other question, barclays are a nightmare. Don't worry - they will sort the default date but it can be wildly inaccurate so with them you might be best ceasing payment so they do default you now. Get it over with.....

Read on here. Loads of threads about Barclays doing their own thing. But we get resolution at the end 99% of the time.

[PlanB]

Re: XX007 - UE Diary - Tomorrow never dies

I will need to keep making payments, can I still argue unenforceability at the same?

My aim is to get settlements on the cards where I can, once I have some money to settle.

My other aim is to avoid court action and CCJ's. .

I think establish rather than argue unenforceability would be a better way of putting it.

Once you know which debts have the potential to be unenforceable in a court of law you'll be in a better bargaining position to settle these debts. Once the creditor knows that you know they can't get a CCJ they'll probably decide that they might as well grab what little money they can from you voluntarily.

We may suggest you send a formal request for a copy of your credit agreement to these creditors as a starting point while you carry on paying to protect yourself.

Plan B x

[XX007]

Re: XX007 - UE Diary - Tomorrow never dies

OK letter to Nationwide has been sent.

I don't currently have funds to make final settlements and I do need to continue making payments (due to work) so I cant really push Barclaycards hand in respect of stopping payments to get a default at the moment.

Plan B yes establishing unenforceability is a perfect way of putting it.

I had pondered sending CCA requests to all my creditors. But I figured I am not getting any hassle from them at the moment.

Would sending a CCA request now be like poking a sleeping tiger with a stick or is it a case of it will wake up one day and I am delaying the inevitable?

[CleverClogs (RIP)]

Re: XX007 - UE Diary - Tomorrow never dies

I figured if the CCA was unenforceable they couldn't assign the debt to another company. I suppose you re going to tell me I am wrong.

In English Law, they could assign it even if it had become statute barred. The debt still exists and there may be a moral obligation to repay it, but it cannot be enforced through the courts.

Scots Law is a little different, as the obligation to repay debts after the limitation period is extinguished; the debt still exists but there is no obligation to repay it. Whether or not a creditor could assign a debt that the debtor is not obliged to repay may be unclear, as the new creditor would be put in the position of trying to press for payment on an obligation that no longer exists.

In neither case would an acknowledgement or payment after the expiry of the limitation period have the effect of reviving the debt. Once it has become time barred, it stays time barred.

[CleverClogs (RIP)]

Re: XX007 - UE Diary - Tomorrow never dies

Due to my job I need to continue making the effort to keep repayments going

Had you ever considered changing your job?

One of my customers moved from financial services to rat catching and bed bug control.

[PlanB]

Re: XX007 - UE Diary - Tomorrow never dies

Plan B yes establishing unenforceability is a perfect way of putting it.

I had pondered sending CCA requests to all my creditors.

Would sending a CCA request now be like poking a sleeping tiger with a stick or is it a case of it will wake up one day and I am delaying the inevitable?

I see no harm in sending any/all of them a s.78 CCA request now.

Make it sound like an innocent request for documents from a tidy-minded person who is anal about keeping paperwork. Leave out anything confrontational. No need to threaten them with the consequences of non-compliance. The consequences remain even if you don't spell it out to them.

Let them think you're on a fact-finding mission with no hidden agenda. These big financial institutions are far too busy with their own agendas to go looking for yours.

We have a template letter which you can water-down if needed.

Plan B x

[XX007]

Re: XX007 - UE Diary - Tomorrow never dies

OK plan B I will do that then.

Thanks

[XX007]

Re: XX007 - UE Diary - Tomorrow never dies

Had you ever considered changing your job?

One of my customers moved from financial services to rat catching and bed bug control.

Regularly.

At the moment I seem to be constantly thinking about changing everything.

But I believe I am doing the best job for me and things are building for me (very slowly).

[XX007]

Re: XX007 - UE Diary - Tomorrow never dies

I see no harm in sending any/all of them a s.78 CCA request now.

Make it sound like an innocent request for documents from a tidy-minded person who is anal about keeping paperwork. Leave out anything confrontational. No need to threaten them with the consequences of non-compliance. The consequences remain even if you don't spell it out to them.

Let them think you're on a fact-finding mission with no hidden agenda. These big financial institutions are far too busy with their own agendas to go looking for yours.

We have a template letter which you can water-down if needed.

Plan B x

I've just been having a look at the template. Do you think it's wise to leave the non tamper strip in.

I know it sounds like a silly question but might they will see that and think "them buggers again".

[SXGuy]

Re: XX007 - UE Diary - Tomorrow never dies

Forget about the tamper strip, but sign using a font that looks similar to handwriting instead.

The idea is, you dont want them to lift your signature and place it on a reconstituted agreement, which they often do.

[PlanB]

Re: XX007 - UE Diary - Tomorrow never dies

I've just been having a look at the template. Do you think it's wise to leave the non tamper strip in.

I know it sounds like a silly question but might they will see that and think "them buggers again".

That's not a silly question at all. I get your point.

I said don't be confrontational so an anti-tamper strip may imply you're being accusatory in advance.

And if it's an anti-tamper strip with AAD's name all over it they could well think "them buggers again". While that's a flattering thought (to us) it's also one you could do without at this delicate stage.

Remove/don't use the anti-tamper strip. And sign using a digital font.

Plan B x