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Unenforceability & Template Letters

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  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    For a full breakdown of SD's - read here: http://www.insolvency.gov.uk/pdfs/guidanceleafletspdf/statdemand.pdf
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    stop-the-world-i-want-off wrote: »
    Thanks for that. Will speak to PayPlan in the morning. The thing I am confused about is that we have been paying NatWest £90 per month for the last year as part of the DMP (which is up for review next week) which NW agreed to. Looking at the links you suggested I think this must stand me in good stead for having the SD set aside, which has been issued by Tenon and not NatWest. I also cannot understand why the demand is in my name only, when the loan was a joint loan with my husband? Is it possible that they will only come after me, and is it possible for me to be made bankrupt and not my husband? Can I look at unenforcibility while this is going on or should I try to get this sorted out first. Sorry about all the questions again - I am trying to get mad rather than sad!!! :mad:

    You really need to speak to PayPlan as they agreed this and so long as you're not in arrears with the repayment plan then the bank can not take any action against you - this is a direct breach of CCA1974 and they know it.

    Just read this thread for details - page 1 will show you all the acts and relevant notes - just read the letters and you'll learn so much.

    Spend the weekend learning about SD's (http://www.insolvency.gov.uk/pdfs/guidanceleafletspdf/statdemand.pdf) then speak to PayPlan on Monday and remind them that a lender cannot take action against you whilst you have an agreement set in place. They will be able to advise as appropriate.
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • stop-the-world-i-want-off
    stop-the-world-i-want-off Posts: 4 Newbie
    OK - not sad or mad now - just terrified!!!
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    stop-the-world-i-want-off wrote: »
    OK - not sad or mad now - just terrified!!!

    Don't be! You will get it set-aside because they cannot take action when a payment plan is in place! They can do nothing! :beer:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • stop-the-world-i-want-off
    stop-the-world-i-want-off Posts: 4 Newbie
    But very grateful for your help none the less!
  • Pink_Mouse
    Pink_Mouse Posts: 35 Forumite
    A big thank you to Orange Trader and Never in Doubt - it really helps to know that someone out there is prepared to give a bit of guidance.

    I know I have to get this sorted but work long hours as my partner is unable to work, he is on DLA for depression. Consequently I often seem to fall asleep when I should be sorting things like this out. Don't start work til 10 am today.

    I'm not too sure about my credit rating but have not been refused anything lately.

    The mortgage is in my name and at the end of June was 66,500 outstanding, with Northern Rock at 450 per month and then endowment at 143 per month with scottish widows and insurance for mortgage with L&G at 31 per month.

    I have five credit cards: Abbey, taken out in 2004, balance - 2620
    Barclaycard, 2005 or B4, balance - 1212
    Capital One, 2005 or B4, balance - 2730
    M & S Money, April 2007 or B4, balance - 9500
    Tesco, April 2007 or B4, balance 1478

    I also have a personal loan with Northern Rock, 2004, balance 3700

    Personal Reserve loan with M&S money, 2000, balance 1900

    I bank with Barclays and currently overdraft is 3500.

    I work in several jobs and have also recently joined network marketing, by doing different things it means I am able to phone partner at odd times throughout the day to see that he is ok. My income varies between 800 and 1000 a month.

    We jointly receive tax credit.

    I have copied the letter in the first post and will fill it in tonight. I believe it is just addresses and account numbers that I have to put in?

    I have already set up another bank account, would it be best to have all money paid into the new one from now on and transfer over my direct debits on priority payments?

    How about payments for my credit cards, they are all on direct debit at the moment but obviously I am sinking fast and if I transfer the dd's on those as well my income won't be enough to pay them, thus getting my new bank account in a mess.

    Again thank you.
  • itsalldrivingmemad
    itsalldrivingmemad Posts: 281 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Hello

    I wonder if anyone can advise me. I have writeen to my debtors with a request for CCA - it has been 3 weeks now and only one reply received from Egg - which I am unsure of if it is correct - could I pm someone his so they can checki t out for me.

    I am too in a DMP - and due to make a payment - shoudl I ask payplan to distribute my payment to the debts I haven't written to and withhold from those that haven't replied to my request for CCA or shall I carry on paying as normal?

    Unsure of how paplan will take it.

    I am about to send the second letter reminder for the CCA.

    Many thanks
  • smileypuff1
    smileypuff1 Posts: 11 Forumite
    Ok NID I will lie low on the 2005 one, it is the highest value anyway!

    Got a letter on saturday (sent to old address), turns out that Moorcroft have passed the debt on to someone else now!! Do I whip out another CCA Request letter from the thread?

    It is the lower value of the 2 so if they turn up the CCA I will find the cash to pay it off. If it was unenforceable but was taken to court would i have to pay court costs lawyers etc if I lost? Not worth it for a £430 debt!

    I see lots of people getting help on this thread, keep up the good work! :T
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    smileypuff1 wrote: »
    Ok NID I will lie low on the 2005 one, it is the highest value anyway!

    LOL, I would being you're 4yrs through it. Are you sure though that you last paid/acknowledged the debt 4yrs ago? You've not made a payment since have you?
    smileypuff1 wrote: »
    Got a letter on saturday (sent to old address), turns out that Moorcroft have passed the debt on to someone else now!! Do I whip out another CCA Request letter from the thread?

    Noooo - the last DCA you sent the CCA request to should deal with it or pass it back to OC - the letter tells them what to do if they are not the original creditor or account owner. So if you sent a CCA request to DCA1 and they did not respond and now DCA2 chase you, simply send DCA2 a copy of your CCA request that was sent to DCA with a cover letter telling them that DCA1 have not responded so you're witholding payment (mis into letter 2 - CCA Follow Up letter)....

    Make sense? :D
    smileypuff1 wrote: »
    It is the lower value of the 2 so if they turn up the CCA I will find the cash to pay it off. If it was unenforceable but was taken to court would i have to pay court costs lawyers etc if I lost? Not worth it for a £430 debt!

    If you took them to court you'd not have any costs to pay. Last resort, as above, send letter and see what they say. Thinking about it, have they been told of your new addy? If not, get your credit files and check they have not linked you. If not then PM me ;)
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    itsalldrivingmemad wrote: »
    Hello

    I wonder if anyone can advise me. I have writeen to my debtors with a request for CCA - it has been 3 weeks now and only one reply received from Egg - which I am unsure of if it is correct - could I pm someone his so they can checki t out for me.

    I am too in a DMP - and due to make a payment - shoudl I ask payplan to distribute my payment to the debts I haven't written to and withhold from those that haven't replied to my request for CCA or shall I carry on paying as normal?

    Unsure of how paplan will take it.

    I am about to send the second letter reminder for the CCA.

    Many thanks

    Hi,

    Check the Egg CCA against the prescribed terms in page 1 of this thread. Regards to the others, being you're in a payment plan you should always involve them in what you're doing but if it were me, i'd cease repayments. However i'm not suggesting you do that because you could have a mortgage (i.e. a house) or anything but the point is, the CCA does overrule anything PayPlan may have done and so if the lender is in breach and you cease repayment until they prodice said CCA then they cannot take any action against you because as the second letter tells them, they are in breach of CCA and until they provide the agreement the account remains unenforceable.

    It is unlawful for them to take any action whilst the account is in dispute/lack of CCA.

    If you read the letters on page 1 this will help you understand the process.

    Suffice to say, although you 'can' stop paying they 'could' take action, even though it would be unlawful, it'd then be for you to take them to court and prove this.

    I'd be making the bigger decision i.e. if you do not have a mortgage then why use PayPlan? If you do have a mortgage could cessasion of payments affect the house (i.e. charging order etc)....

    Only you can decide the best route. Best of Luck. :T
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
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