Unenforceability & Template Letters

never-in-doubt

ExNicotineQueen wrote: »

Thank you once again nid, it's great to have someone knowledgable who is patient and answers questions, no matter how trivial or complex. :T

Thanks

shame others don't see it like that! #37 They are the 'pay your debt' brigade! :mad:

Pink_Mouse

Thanks Nid,

I'll do that, to be honest I don't think I realised myself what a mess I've gotten into until I started to post on here. Still, at least it's making me face facts and I know that I can't hide from it any more.

Could I just ask a couple more questions before I move over to the other board.

Firstly would you know if making my partner officially a part of my network marketing business links us financially so that he is implicated in my problems? I want keep him out of it all if I possibly can although he is obviously aware of the situation there is nothing that he can do to help.

Also do I need to put unenforceability on hold at this stage?

Thanks again

never-in-doubt

Hiya

I'm honestly not the best equipped to help with this, unenforceability is an option but only if all else fails and because most are recent, there is no guarantee that you'll even win..... I'd be looking to get on a structured path asap and this will free up some cash. If all else fails then consider anything, naturally.

The situation with your partner, obviously leave him out of it - otherwise he could be linked to you. As a boyfriend he is not financially linked so your problems will not affect him. Move in together and apply for anything jointly and a link will be created.

Post on DFW boards - they will be able to help you. If you didn't have a mortgage i'd have great advice, but this unfortunately is bad advice with a mortgage :mad:

Pink_Mouse wrote: »

Thanks Nid,

I'll do that, to be honest I don't think I realised myself what a mess I've gotten into until I started to post on here. Still, at least it's making me face facts and I know that I can't hide from it any more.

Could I just ask a couple more questions before I move over to the other board.

Firstly would you know if making my partner officially a part of my network marketing business links us financially so that he is implicated in my problems? I want keep him out of it all if I possibly can although he is obviously aware of the situation there is nothing that he can do to help.

Also do I need to put unenforceability on hold at this stage?

Thanks again

Pink_Mouse

Thanks Nid,

I guess this is going to be complicated to sort out. Will post this evening on the other board. To be honest we have even thought of selling the house at "quick sale" price to offload the mortgage and then rent instead.

My partner and I have been living together for a few years but have never had or applied for any bank accounts or credit in joint names. Just thought it might be good to work the business together but if that is going to cause problems I'll keep it in my name and he can help out a bit.

I'll forget about unenforceability for now.

Thanks again for your advice, like I said posting has made me face up to the situation and even though it's scary I kind of feel calmer about things because I know I am making a start on trying to put it right.

never-in-doubt

Pink_Mouse wrote: »

Thanks Nid,

I guess this is going to be complicated to sort out. Will post this evening on the other board. To be honest we have even thought of selling the house at "quick sale" price to offload the mortgage and then rent instead.

My partner and I have been living together for a few years but have never had or applied for any bank accounts or credit in joint names. Just thought it might be good to work the business together but if that is going to cause problems I'll keep it in my name and he can help out a bit.

I'll forget about unenforceability for now.

Thanks again for your advice, like I said posting has made me face up to the situation and even though it's scary I kind of feel calmer about things because I know I am making a start on trying to put it right.

If you sell the house and rent then things could be oh so easier for you both.

Obviously discussing this in public is not wise If you decide to take this route then PM me.

Best of Luck....

shayshay

I have two credit cards with MBNA both of which have only just been passed to a DCA. I was about to claim my charges back on both of them but had seen this post about checking the whole debt and if its enforceable. How should I proceed?

Do I claim my charges back first and then go down the unenforceable route in the hope that I get some money back which will go to other debts before looking into enforceability or do I go down the unenforceability route which means I miss out on potentially reclaiming my charges?

never-in-doubt

shayshay wrote: »

I have two credit cards with MBNA both of which have only just been passed to a DCA. I was about to claim my charges back on both of them but had seen this post about checking the whole debt and if its enforceable. How should I proceed?

Do I claim my charges back first and then go down the unenforceable route in the hope that I get some money back which will go to other debts before looking into enforceability or do I go down the unenforceability route which means I miss out on potentially reclaiming my charges?

First off you proceed with charge reclaim, read the last few posts cos i've advised someone else on this. You have to ensure you tell them to send you payment via cheque and not to add them to the 'alleged' account.

After you accept their offer then you proceed with unenforceability using the letter on page 1. CCA Request. If they are a few years old then you may be in luck as MBNA were one of the worst offenders....

See here for charges thread: http://forums.moneysavingexpert.com/forumdisplay.html?f=102

ExNicotineQueen

Yes, spot on but lots of permutations throughout - nothing is plain sailing and each lender/DCA act differently remember so no two cases are ever the same.

NID - do you have any examples/experience of a likely outcome with the following lenders when no agreement can be found?

Citicards
Capital One
Barclaycard

never-in-doubt

ExNicotineQueen wrote: »

NID - do you have any examples/experience of a likely outcome with the following lenders when no agreement can be found?

Citicards
Capital One
Barclaycard

They are all bad but each case would have its own merits and failures. Its not so much about the lender, but about the processes they used and the legalities. :beer:

If you got issues, wouldn't it be easier telling me your story and let me then offer advice lol

ExNicotineQueen

LOL I suppose so. I’ve got about £11k worth of cc debt, roughly about 3k on BC and Cap 1 and about £2k on Citi; the remainder are small-ish balances which I am working on shifting at the mo plus mainly taken out after Apr 07. The APR’s on these 3 cards alone have escalated to double what they once were to nearly 35%, which equates to paying like £95 min payment and £70 is taken in interest. I can pay the monthly min payments but at this rate it seems never-ending. I’ve probably paid my balance over countless times but it’s the interest charges that are eating me up.

My credit rating is probably considered ‘ok’. The majority of my cc’s are set-up with DD’s, the ones that aren’t, I may have missed 1 or 2 repayments over the past year by a day or so but that’s about it. My credit rating was trashed when I was a student and I have tried hard to get it back on track ever since. I want to repay my debts but the interest is a killer and I just wanted to see what the likely result would be if I went down this route.