Been With Eurodebt DMP for over 11 years [now discover most of my debts are...)

[dx100uk]

if you are paying expert THEY must have the CCA

 

send it back!!

 

it might be an idea now as letters are beginning to arrive

 

to start a new thread for EACH DEBT

 

dx

[renegadeimp]

Lowells rarely ever have teh correct paperwork for a debt. Thats why they try and push everything through the courts before you realise. Once you have admitted the debt, or even part of it, they win.

[Rayn2036]

Will do. Will keep this thread for Crapboot and start new one for each DCA. I have written to 8 DCA for CCA and none of them could provide it on time.

Dx, Appreciate your continue support and look forward to see your input on other thread. Thank you.

[Rayn2036]

Lowells rarely ever have teh correct paperwork for a debt. Thats why they try and push everything through the courts before you realise. Once you have admitted the debt, or even part of it, they win.

Now you are scaring me. There is no way I could afford to pay 12K. How can they push it through the court if the debt is not enforceable?

[renegadeimp]

Thats why you need to sit down and get all the paperwork in order. regarding court, its not scary. The judge looks at the evidence towards what the claim is for. He doesnt take sides. If you have all the paperwork or evidence to show lowell cant go through with the claim, then youre pretty much guaranteed to win.

[BRIGADIER2JCS]

Now you are scaring me. There is no way I could afford to pay 12K. How can they push it through the court if the debt is not enforceable?

 

Hi Rayn,

 

Looks like a bit of scaremongering going on, but Lowell will usually only go to court or issue statutory demands if they know or 'believe' that an alleged debtor has sufficient equity in property or means to meet a judgement order.

[Rayn2036]

I don't own a property but my wife does. Can they charge my wife's house for my debt?

[BRIGADIER2JCS]

NO

[Rayn2036]

Update: Crapbot wrote again today. Please see attached. What will be my next move? Should I now stop token payment? Should I send further correspondence to Cabot in reply to this letter? IF yes, please help me with a template.

Thank you.

[renegadeimp]

No cca means no enforcement after judgement. I would keep the token payment at £1 month for another month then stop.

 

Also send the non compliance letter.

[Rayn2036]

CCA was requested on 8th August. Non compliance was sent on 3rd September stressing account entered default on 29th August.

[dx100uk]

and another fleecer bites the dust..

 

dx

[Rayn2036]

UPDATE:

 

After 7 weeks,

received CCA reply from Barclays on behalf of Crapbot.

 

Again no original agreement but just the reconstituted copy of T & C's. No signature.

 

Funny enough Crapbhot thinks its enforceable which is misleading.

 

Please see attached reply from Barclays and Cabot.

 

I now have 3 different CCA looking like this.

 

I would appreciate BRIG and DX help on my next move.

 

Please help...

[dx100uk]

typical load of absolute TWADDLE from crapbot.

 

ignore them

 

dx

[Rayn2036]

Hi DX, should I write to them again? or should I make them a small amount of F&F settlement offer? I just want to take them out of my head completely.

[dx100uk]

that wont make them go away

 

pers i'd be ignore till/if you ever get court papers.

 

total willy waving up till now.

 

dx

[dx100uk]

how the MBNA/link paperwork going

 

dx

[Rayn2036]

Hi DX, I have received CCA from MBNA and it looks original and enforceable. I will post it soon for your advise.

 

No reply to SAR yet as they required more information. Please see my other recent posts and please let me have your FEED back. Thanks

[fletch70]

Rayn

I know I have replied on other threads but just for the record

 

Compliance with a S77 or S78 request does not necessarily mean they can enforce. These requests are for information only . The agreements have to be set out in a certain way and include certain terms otherwise they are improperly executed and thus S65 and S127(3) kick in . You had the link for what the prescribed terms .

 

My advice is to react as opposed to being proactive so for example I wouldn't send a failure to comply letter unless they ask you why you have stopped paying. If they send you an incomplete CCA request reply with a letter stating they have failed to comply but not tell them exactly what. If they send you everything but the agreement is flawed then yes tell them that the prescribed terms aren't there or that it is improperly executed but don't do their job for them.

 

It's all about keeping a paper trail so that if you ever get a claim issued against you , you can defend it .

 

I am not promoting avoiding your debts but you cant give what you don't have. My debts are c45K and I haven't paid a penny in 18 months. As I have no job or assets (but am happy) there is little point in them taking any action, meanwhile I can muddy the waters .

An example, one of my creditors appears to have sent a perfectly enforceable set of documents to me. However the DN is bad and thus the termination is bad. Leading on from this the T&C's that apply now are not the ones they sent me(they dropped the interest rate to 0) . Keeping that one up my sleeve should they try anything

[Rayn2036]

Cheers Fletch for your valuable comments. I will stick to your points and you are absolutely correct that we cant give what we don't have. My debt is probably around £40k however none of them seems to be enforceable. I now regret why I didn't come across CAG long earlier. I have paid enough money to ED.

 

Lowlife (Barclays Loan) and one debt with Crapboot (BC) yet to get back to me with my CCA request and it has already been almost 3 months.

[fletch70]

WEll done. I know ED have had lots of money off you but certainly in my case it was , at the time money well spent. I couldn't have done all that was needed without their help

[Rayn2036]

Very True. Sadly I came to CAG a bit late but its never too late.

[Rayn2036]

UPDATE:

 

I had couple of BC debt with Crapboot,

 

I am still waiting for CCA on £5k debt since August.

 

Last correspondence I had from them was back in October (See attached).

 

I haven't heard anything since.

 

Should I write to them asking to close the account?

 

On second dedt,

 

CCA request was received but reconstituted which I contested,

 

their recent reply after my Non-Com letter is attached.

 

Looks like another win win situation for me.

[renegadeimp]

Theyre playing the moral angle. Basically:

 

" We know and admit we will never be able to get this through court, and we've even harassed you for payment without checking if we hold the correct paperwork. But you should still pay us because its the 'right thing to do'"

 

i'd tell them to go play with traffic and andy further communication will be considered harassment and treated as such.

[dx100uk]

give me my moneyback you fleecers!!

 

dx