Unenforceability & Template Letters

daz10277

Hiya NID

Thanks for the quick response. You have set my mind at ease as it would appear the cards I am holding are better than I thought!

To clarify, I defaulted in 2000. HBOS immediately sold debt to DCA (Blair, Oliver Scott) with whom I agreed a payment plan in 2000 and have been faithfully paying it ever since each month with no missed payments. A different DCA (DLC) took over the collection of the debt about two years ago and they seemed satisfied with the payment arrangement at the time, until now when they have suddenly decided to put more pressure on me to pay the balance.

DLC (aka Hillesden Securities) said they pulled my credit report because "they had made some changes to their system" and were "reviewing cases for possible litigation". It sounded to me they are employing a new scare tactic to get people into paying off debts more than anything. If they don't have a right to pull my report, is that a legal issue I can report them on?

Would you agree I should just wait for them to respond now and send the appropriate template letters as necessary?

Again, many thanks for you help!
(By the way, I went to Cuba in August - Varadero - fantastic beaches aren't they?)

Jackswan_2

never-in-doubt wrote: »

i'd stop paying, plus the fact he's out the country and coupled with the fact he won't have assets......

Forget unenforceability, as he isn't here, you're not responsible so send mail back as unknown at this address. Then after 6yrs of non payment the debt becomes statute barred anyway.....

Thanks N-I-D.

I acknowledge that I am not personally responsible, but, he is still on the Electoral Roll so would be difficult to return mail as gone away. Obviously he has only our address as his home address. You are quite right he has no assets in the UK.

If pursued wouldn't uneforceability be better option to clear the debts and then have the defaults removed sooner than 2014 ? He intends being back in the UK at the beginning of 2011 so would still have three more years of the Defaults against his name.

never-in-doubt

Jackswan wrote: »

Thanks N-I-D.

I acknowledge that I am not personally responsible, but, he is still on the Electoral Roll so would be difficult to return mail as gone away. Obviously he has only our address as his home address. You are quite right he has no assets in the UK.

If pursued wouldn't uneforceability be better option to clear the debts and then have the defaults removed sooner than 2014 ? He intends being back in the UK at the beginning of 2011 so would still have three more years of the Defaults against his name.

The E/R doesn't mean anything - he may be registered there but as parents you are under no threat by refusing to give his whereabouts so yea, you just send back as unknown.

Take him off the E/R - if he isn't there then just remove him from it. When he returns to the UK he can get re-added.

Unenforceability still leavs the default on the CRA so will still be 6yrs whatever way you look at it, the only difference being that he won't be chasing unenforceability - he's simply decided to leave and not give a forwarding address.

Regards to the 3 years of defaults, not necessarily because he would apply for credit upon his return and would disclose his foreign address as his last address for the last 3 years wouldn't he? Lenders only need to know the last 3 years, therefore no link to your address and also no link to the default (if you like he'd create a whole new credit file upon returning to the UK)......

Following me....

never-in-doubt

daz10277 wrote: »

Hiya NID

Thanks for the quick response. You have set my mind at ease as it would appear the cards I am holding are better than I thought!

To clarify, I defaulted in 2000. HBOS immediately sold debt to DCA (Blair, Oliver Scott) with whom I agreed a payment plan in 2000 and have been faithfully paying it ever since each month with no missed payments. A different DCA (DLC) took over the collection of the debt about two years ago and they seemed satisfied with the payment arrangement at the time, until now when they have suddenly decided to put more pressure on me to pay the balance.

DLC (aka Hillesden Securities) said they pulled my credit report because "they had made some changes to their system" and were "reviewing cases for possible litigation". It sounded to me they are employing a new scare tactic to get people into paying off debts more than anything. If they don't have a right to pull my report, is that a legal issue I can report them on?

Would you agree I should just wait for them to respond now and send the appropriate template letters as necessary?

Again, many thanks for you help!
(By the way, I went to Cuba in August - Varadero - fantastic beaches aren't they?)

Hiya

Ok, wait for them to respond and see what they say. You can't really report them as it would not achieve much other than them getting a slapped wrist, so to speak.

Bottom line is you should cease payments, they cannot do anything to you now! If anything, now is the time to offer a F&F Settlement say around 10% of the balance o/s. If you wrote in saying something like 'ive paid for 9 years and will cease all payments from here-on-in so I suggest you accept my offer of £XXX as a full settlement'.....

Obviously, wait for now but deffo stop paying or there is no incentive for them to accept anything is there? This has to stop though, asap, one way or another - it cannot continue indefinitely! :mad:

daz10277

Hiya

Ok will take your advice and cease payments. One final question. If they do accept F&F settlement, won't that be updated on my credit file as a settled date and reset the 6 years? I just don't want to have the default return on my file

Cheers

never-in-doubt

daz10277 wrote: »

Hiya

Ok will take your advice and cease payments. One final question. If they do accept F&F settlement, won't that be updated on my credit file as a settled date and reset the 6 years? I just don't want to have the default return on my file

Cheers

Hiya,

No - after the default the account has died, so unless you sign a new agreement they cannot add data against you - after all, did you give permission for the DCA to create an account for you and register it with the CRA? Nope! Get me? Really you should have paid it off within the 6yrs lol

Obviously, if they do issue a default then you'd need to seek legal action to get it removed via enforcement of the court, but i'd say make an offer to close it once and for all.

Can I ask, what balance was the original debt and what is the balance now? approx...

RoyalBlues

I sent letter 1 off on 10th September (they signed for it on 14th) and had no reply.

I sent letter 2 off on 5th October (signed for on the 6th) and have had no reply to date. They have banked the £1 cheque btw.

I have just realised that I did not sign digitally (I missed that at the bottom) and just signed the letters in pen. Does this make my letters invalid or is that okay?

I hope that I havn't got to start the process all over again!!!

never-in-doubt

RoyalBlues wrote: »

I sent letter 1 off on 10th September (they signed for it on 14th) and had no reply.

I sent letter 2 off on 5th October (signed for on the 6th) and have had no reply to date. They have banked the £1 cheque btw.

I have just realised that I did not sign digitally (I missed that at the bottom) and just signed the letters in pen. Does this make my letters invalid or is that okay?

I hope that I havn't got to start the process all over again!!!

No its fine, the sign digitally bit is because some lenders have been known to copy and paste your signature onto agreements - its a precautionary thing to protect you that is all.

Just hold fire then follow the process, i.e. dispute it and refuse payments or continue to pay to avoid the default etc...

Good luck

Jackswan_2

never-in-doubt wrote: »

The E/R doesn't mean anything - he may be registered there but as parents you are under no threat by refusing to give his whereabouts so yea, you just send back as unknown.

Take him off the E/R - if he isn't there then just remove him from it. When he returns to the UK he can get re-added.

Unenforceability still leavs the default on the CRA so will still be 6yrs whatever way you look at it, the only difference being that he won't be chasing unenforceability - he's simply decided to leave and not give a forwarding address.

Regards to the 3 years of defaults, not necessarily because he would apply for credit upon his return and would disclose his foreign address as his last address for the last 3 years wouldn't he? Lenders only need to know the last 3 years, therefore no link to your address and also no link to the default (if you like he'd create a whole new credit file upon returning to the UK)......

Following me....

I have e-mailed my son with your thoughts and he has come back to me with the following:

What if I came back to work in the UK in 2011, can they still chase me for the debt again ? I have acknowledged that the debt is due, hence the Payplan agreement. Will it mean that from here on in I have to wait 6 years from now to get credit, or, not ?

never-in-doubt

Jackswan wrote: »

I have e-mailed my son with your thoughts and he has come back to me with the following:

What if I came back to work in the UK in 2011, can they still chase me for the debt again ? I have acknowledged that the debt is due, hence the Payplan agreement. Will it mean that from here on in I have to wait 6 years from now to get credit, or, not ?

Has he already got a default? If so then this drops off after 6yrs, regardless of whether he has acknowledged the debt. They 'may' chase him but that's unlikely cos after 2 more years away, there will be no credit activity will there? So unless he starts applying for credit when he gets back they would never find him to link to the old debt - following me yet?

Basically, its his shout but if he's away from 2009 - 2011 then pointless paying, but that's only my advice - at the end of the day i'd not worry about 2 years down the line! :beer: