How to find default date

[Guest]

Re: How to find default date

Hi
If you must respond may i suggest something like

Dear Sir
Your Ref**********
In order to verify the existence of any liabilities due under the above alleged account I require:
a ) A copy of any signed agreement.(properly executed uner the Consumer Credit Act 1974)
b) Proof that any liabilities were not subject to the Prescription and Limitation Act 1973.
You will be aware that you cannot commence any action to recover liabilities under an agreement if you cannot supply or comply with the above requirements.
You may also be aware that to suggest that you can enforce an agreement when the above restrictions apply contravenes OFT debt collection guidelines.
Yours

[ODC]

Re: How to find default date

In the HIGHLY unlikely event they were to produce a tape in court the burden of proof rests on them that the recorded voice is yours

[Guest]

Re: How to find default date

In the HIGHLY unlikely event they were to produce a tape in court the burden of proof rests on them that the recorded voice is yours

Any such submition wold hav to be declared in the pre ction protocol and the defendant could object to its use under the terms of the statute.
It would be inadmisable IMO.

Peter

[belcam]

Re: How to find default date

...and if I totally ignore them?

[basa48]

Re: How to find default date

...and if I totally ignore them?

Better probably just to send the letter Peter suggest in post #16. That will undoubtedly stall them for a while.

Otherwise they may think you are 'on the ropes' and up their threats.

[belcam]

Re: How to find default date

I sometimes read that some pre 2007 agreements are unenforceable...can someone explain this?

[Guest]

Re: How to find default date

I sometimes read that some pre 2007 agreements are unenforceable...can someone explain this?

I will have a go.
All credit agreements must contain certain pieces of information(terms) to ensure the lender is adequately informed of the deal he is doing, (ie, the amount of interest he is to pay, the amount he is borrowing , how he is expected to pay it back etc).
If these terms are not on an agreement dated before April 2007 when signed, the agreement cannot be enforced via court action. After this date the agreement can.
(Apologies for the simplification)
Peter

[belcam]

Re: How to find default date

Is it the case that some, or many, credit card companies did not have these pieces of information available on their agreements pre 2007? My cards were with Scottish Widows and Morgan Stanley.

[Ihaterbs]

Re: How to find default date

I will have a go.
All credit agreements must contain certain pieces of information(terms) to ensure the lender is adequately informed of the deal he is doing, (ie, the amount of interest he is to pay, the amount he is borrowing , how he is expected to pay it back etc).
If these terms are not on an agreement dated before April 2007 when signed, the agreement cannot be enforced via court action. After this date the agreement can.
(Apologies for the simplification)
Peter

I'm informed (from a reliable source) BC agreements (dual application) entered into in the mid 90s have been ruled unenforceable in court because they did not contain the requisite.

Furthermore, agreements emminating from GE money have also been ruled unenforceable, including Harrods, M & s ect for same.

[belcam]

Re: How to find default date

I read somewhere earlier on another forum that Morgan Stanley, who then became Goldfish, went into liquidation...is this true? As one of my cards was with them and Aktiv Kapital have been subsequently chasing me over the past few years, would this make it unenforceable if the original creditor has been wound up?

[Guest]

Re: How to find default date

Not as such, they would have sold the debt on.
But it would be a good idea to put them to proof of the fact, and also that they have a copy of the agreement ,perhaps a SAR if you are thinking of questioning enforceability.

Peter

[belcam]

Re: How to find default date

I've had the letter from Wescot, a letter from Nelson Guest and, today, I've had another letter from Wescot stating that this is my last chance to call them before they send a doorstep caller. So far I have not replied to their letters...shall I continue ignoring them?

[Guest]

Re: How to find default date

Did you send the letter in post 16?

What else is threre to say. Are they going to litigate? if so why send a doorstep caller.
In my opinion they will do niether, its all about intimidation, if they did send someoe all you have to do is tell them to go away, they have no powers,

Peter

[belcam]

Re: How to find default date

Did you send the letter in post 16?

What else is threre to say. Are they going to litigate? if so why send a doorstep caller.
In my opinion they will do niether, its all about intimidation, if they did send someoe all you have to do is tell them to go away, they have no powers,

Peter

Did you send the letter in post 16?

What else is threre to say. Are they going to litigate? if so why send a doorstep caller.
In my opinion they will do niether, its all about intimidation, if they did send someoe all you have to do is tell them to go away, they have no powers,

Peter

Peter, I sent Wescot a recorded delivery letter as you suggested(16) which they received on Mon 23rd. On Wednesday 25th my phone rang, I didn't answer it and on doing a 1471, it gave me a number which I rang and found it to be iQor Recovery Services. The guy would not tell me what the company was, as I didn't give him a reference number but I looked it up on www.whocallsme and found it to be iQor. Today, Thursday 26th I have received a doorstop collection notice from iQor which is dated Mon 23rd, the day Wescot received my letter. Does this suggest to you that Wescot cannot enforce this debt? Why would they pass it on otherwise?

[Guest]

Re: How to find default date

Peter, I sent Wescot a recorded delivery letter as you suggested(16) which they received on Mon 23rd. On Wednesday 25th my phone rang, I didn't answer it and on doing a 1471, it gave me a number which I rang and found it to be iQor Recovery Services. The guy would not tell me what the company was, as I didn't give him a reference number but I looked it up on www.whocallsme and found it to be iQor. Today, Thursday 26th I have received a doorstop collection notice from iQor which is dated Mon 23rd, the day Wescot received my letter. Does this suggest to you that Wescot cannot enforce this debt? Why would they pass it on otherwise?

HI Belcam

I think the question should be ,why would they pass it on if they could enforce it?

This is what dca's do the pass an unenforcedable debt down the line, each dca paying a bit less than the last one, as the odds of collecting any money get less and less, until the last ones at the bottlom of the barrel are paying pennies in the pound for the account.

BIt like rats feeding on the scraps really.

I would just ignore it or tell them to go away.
Oh and cont talk to DCAs on the phone, it just encourages them and they tell lies.

Peter