some help please

[spottydog246]

Hi all I am new to the forum but have found it a really good read.

I have a lot of unsecured debt both loans and cc and would be most graeful if i cuold have some questions answered please

1.I am in a dmp can i still use the unenforcable route

2.If yes what do i have to do get it started.

3.What am i looking to get back from the creditors.

4. Do i inform the dmp company at the start.

5.What about joint debts of which there is only one.

 

I would be thankful for any help with this as.

 

Thanks

spottydog 246

[rory32]

1.I am in a dmp can i still use the unenforcable route

 

Yes because a DMP is an informal solution to your debt problems rather than a legally binding contract such as an IVA.

2.If yes what do i have to do get it started.

 

You need to start requesting copies of the credit agreements. Use template N here. Send recorded delivery with a one pound postal order and don't sign the letter.

3.What am i looking to get back from the creditors.

 

When you do get a response from your creditors the simplest thing is to post it up and people will be able to tell you if it's enforceable or not.

4. Do i inform the dmp company at the start.

 

Nope. Wait and see what you get back first.

5.What about joint debts of which there is only one.

 

Sorry I'm not clear about what you mean by this. If a debt is unenforceable it is unenforceable - it doesn't matter if it is joint or not. On joint debts you have several and joint liability. Is this what you mean? This means that the creditor can pursue one party or both.

[spottydog246]

Thakyou rory32 for your reply

With regards to the 5th question what i meant was that we have one joint debt and the rest are in my name,So what i wanted to know was could i still go with the unenforceable route even though it is a joint debt.Also why do i not sign the letters.Have found the templates thanks and will get onto it asap.Also you said wait and see what you get back how long should i be waiting to get a reply on average.Once agian thankyou very much for your help it souns like you have expirience of this.I will keep things posted on forum as and when something happens.In the meantimeany other places to look at rgards this

Thanks

Spottydog246

Edited November 10, 2008 by spottydog246
forgot to say thanks

[42man]

The reason you are told not to sign the letters is because it has been alleged that some debt collection agencies will lift your signature onto an agreement !!!...also send each agreement request with a £1 postal order and send each by recorded delivery.....the agreement can only be used for HP/loans/credit cards and does not apply to bank accounts / overdrafts

[spottydog246]

Thanks 42man again for the information some letters have gone off and the rest will be going soon.How long usually before they reply.

Thanks

spottydog246

[42man]

Some MIGHT reply after 4 weeks, some you will NEVER hear from again....if you haven't heard from them after 12+2 working days then this is the next letter to send (by recorded delivery)....oh and keep us posted !!

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[spottydog246]

Thanks again 42man I am very much hoping they do not send any replies but if they do then that second letter is like knocking on the door with a sledge hammer will keep you informed as to any further developmnets

Thanks

spottydog246

Edited November 16, 2008 by spottydog246
missed a word

[spottydog246]

Still waiting on cca

[rory32]

I have been waiting almost 2 years for some of mine :)

[spottydog246]

have recieved a reply from ge money all they have sent is a statement of account nothing else.The 12+2 days runs out 5th dec what do i do then

[spottydog246]

Have now recieved a copy of the credit agreement from GE Money and would like to know what i need to do to get it on the thread for someone to look at.I have a scanner so just a few instructions in what i need to do would be most appreciated

[rory32]

The last post on this guide will give you the info that you need http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[42man]

Spotty....scan it and post it up here (minus the personal details)....use Image hosting, free photo sharing & video sharing at Photobucket if necessary (it is free) - and there is a tutorial here - http://www.consumeractiongroup.co.uk/forum/bear-garden/165941-photobucket-video-tutorial.html

[spottydog246]

Hi 42 man Sorry not replied had problems with internet as you do have had a look at trying to get docs onto site and cannot do it. So if possible could i have a more detailled help to get it done it would be greatly appreciated

[42man]

Open an account at photobucket Spotty (it is free) scan the documents, upload them to photobucket, edit out the personal details and post them up here - the tutorial is above (click on the links I put on post 13 above)...

[spottydog246]

i try to watch tutorial but it will not play i am soory to be thick but i still dont know what to do

Edited December 18, 2008 by spottydog246
no text

[spottydog246]

hi 42 man i try to watch tutorial but it will not play

Edited December 18, 2008 by spottydog246
nontext

[spottydog246]

could some one please look at docs and advise me as to enfoceable or not many thanks spotty

[spottydog246]

could some one look at docs and advise on there enforcable or not many thanks

spotty

[spottydog246]

docs from photobuckethttp://

Edited December 21, 2008 by spottydog246
to cahnge title

[42man]

I think it may well be compliant (but it might be wise to get other opinions too)....could be a good idea to get the figures checked as well, although i'm not sure how you could do this, but you might pick up something useful on this thread - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/168115-mathematicians-needed-help-credit.html