Unenforceability & Template Letters

never-in-doubt

soot1975 wrote: »

OK....I'll guess I'll never know.....

Sorry mate but you're not really asking me anything thus I didn't respond! You're adamant they could make you b/r and as such I cannot help cos my course of action would be immediate cessation of payments.

Obviously i'd be looking first and foremost at the realistic chance of 'winning this' being you know the cahoot agreement will be right (you said so) so it may be best to enter into DMP.

I'd say try posting over here and see how you get on. Unenforceability is only good when you already have a default - i.e. nothing to lose, and you are ready to cease paying (if needed as a threat!)

DFW: http://forums.moneysavingexpert.com/forumdisplay.html?f=76

You'll get lots of advice over there - good luck. :T

thechippy

@ N-I-D

What if one of James creditors issues a statutory demand and follows it through.
Could this not result in bankruptcy with the resulting loss of the house?

I thought that some creditors may well take this route if the debt is large enough...

soot1975

Hi Never In Doubt
No I WAS convinced by your words of wisdom about bankruptcy.
I know it is unlikely.
My plan now is to get them before default.
Sending them a letter to advise of my change of address in the Czech Rep and hopefully this will reduce the chances of a CCJ.....
Feedback or other advice please would be appreciated.....
As for a DMP can't pay won't pay.....my payments have now stopped...forever!
James..

never-in-doubt

thechippy wrote: »

@ N-I-D

What if one of James creditors issues a statutory demand and follows it through.
Could this not result in bankruptcy with the resulting loss of the house?

I thought that some creditors may well take this route if the debt is large enough...

Nope, they can add a charge until you sell the house but they cannot sell the house from under you and the lenders rarely use this 'tool'.

To be honest, of course everything is a gamble with debt but not many on here will see a SN and very unlikely the OP will either....

Shafted_2

My business went under last year and foolishly I let myself get into personal debt trying to keep it afloat.

I have been employed for the last 10 months and have agreed low payments with most of my creditors. Some of them have took charges against my house. I have just lost my job, and will now struggle to keep up the payments, and I am obviously interested in seeing if any of the debts are unenforceable. I have previously been told that the unenforceability issue is a scam, and that the issue is in limbo in the courts, but this thread seems to put lie to that fact.

I have spent a lot of time negotiating token payments, and am a bit scared that asking for CCA's etc will put agreements I've made in jeopardy. I have already defaulted on many of the debts (mainly CC) and three have CCJ's (does this mean they are automatically enforceable)?

Am I too late?
If they have successfully got a CCJ surely they are enforceable?
Has anybody had experience of Creditors withdrawing agreements because they embarked on Unenforceability route?

Welcome any advice?

WH39

Hi all

Not been on for a long time. over the last year I have been going through the ringer with RBS. They acknowledge that any agreement is unenforcable as they have "misfiled" it. I would like to know what the next step could be to bring the issue to a close, can I take court action.

P.s this is not a case of me walking away from my responsibilities. the CCA is in place to protect the banks from us and us from the banks if we the consumer step out of line the bank would take no time in making your name mud, so if anyone can get a pound out of these greedy bankers, good on you.

never-in-doubt

WH39 wrote: »

Hi all

Not been on for a long time. over the last year I have been going through the ringer with RBS. They acknowledge that any agreement is unenforcable as they have "misfiled" it. I would like to know what the next step could be to bring the issue to a close, can I take court action.

P.s this is not a case of me walking away from my responsibilities. the CCA is in place to protect the banks from us and us from the banks if we the consumer step out of line the bank would take no time in making your name mud, so if anyone can get a pound out of these greedy bankers, good on you.

Look at page 1 and you'll see the letter that you send assuming the lender writes saying they cannot find a CCA - its all there mate. Best of luck... :T

never-in-doubt

Shafted wrote: »

My business went under last year and foolishly I let myself get into personal debt trying to keep it afloat.

Sorry to hear this - its not so foolish, I think anyone that is proud would do similar, me included. Its hard to let go if you 'think' you can turn things around..... I do empathise with you.

Shafted wrote: »

I have been employed for the last 10 months and have agreed low payments with most of my creditors. Some of them have took charges against my house.

Who has put a charge on your house? In what way - please be specific and state the actual legal term/act used? Have they actually done it (have you received something from court?) or have they threatened to do it? Major difference....

Shafted wrote: »

I have just lost my job, and will now struggle to keep up the payments, and I am obviously interested in seeing if any of the debts are unenforceable.

Worth a try - send the CCA Request letter on page 1 with a £1 cheque/postal order. Will only be valid for things taken out before April 2007.

Shafted wrote: »

I have previously been told that the unenforceability issue is a scam, and that the issue is in limbo in the courts, but this thread seems to put lie to that fact.

That is half true. MBNA have a lot of cases on hold at Chester court but this does not affect unenforceability claims. Basically, no or incorrect agreement = unenforceable. Send off the CCA Request and see for yourself.

Shafted wrote: »

I have spent a lot of time negotiating token payments, and am a bit scared that asking for CCA's etc will put agreements I've made in jeopardy. I have already defaulted on many of the debts (mainly CC) and three have CCJ's (does this mean they are automatically enforceable)?

Checking unenforceability does not jeopardise anything. They must comply in line with the law. CCJ's can be removed if unenforceability kicks in so worth checking.

Shafted wrote: »

Am I too late?

You're never too late

Shafted wrote: »

If they have successfully got a CCJ surely they are enforceable?

Not at all - the CCJ can still be removed at a later date if they cannot produce a lawful agreement. Don't mix the two up - for instance a lender can fill in a blank CCA and take that to court to get the CCJ - when you prove they have not got your CCA then the court removes the CCJ as the debt is, in essence, unenforceable.

Shafted wrote: »

Has anybody had experience of Creditors withdrawing agreements because they embarked on Unenforceability route?

Nope and if they did then i've got a great letter you could send them to remind them of the law and their obligations as a creditor! :D

Shafted wrote: »

Welcome any advice?

Ask away - we're here to help! Out of interest, how many creditors and what level of debt are you talking here....? i.e. 10 credit cards or like cards, loans, bank accounts etc etc?

1st step for you, get the CCA Request sent off.......

quercus56

I get a little lost in these posts I am in a similar position to Shafted, my original business started going down in the nineties and foolishly I was convinced that I could get it back on track, was at the time when credit cards were dropping through the letter box like pizza delivery adverts! Consequently I used half a dozen cards to fund the business, stupid I know but desperate at the time.
I have since started a fairly successful online business which although is now suffering from the recession, would be making me a living if it were not for the debts accrued since the 90's. All the money I make goes on minimum payments which on average are at least £100 monthly x 6.
All of my cards are pre 07 so I presume I can send the first letter to all of them. The problem is I do not know if or where the original agreements with the card firms are, so how do I check whether they are unenforceable? Sorry if this question has been raised elsewhere, as I said originally, I get lost in all these posts and threads!

Shafted_2

One charge is from Haydock Finance from a business debt that I guaranteed. £5k
One is from Barclaycard (CL Financing) £12k which was unsecured, but I couldn't pay anything at time, but they got a CCJ and then a charge through the court I sent in a form with this one offering £5 per month on £12,000 which the court and CL accepted, so I don't want to upset the apple cart, but I'll look at your other letters.

I (& my wife) have small mortgage arrears, and large utility bills (priority debts) and £91,000 in total Loans, CC and guaranteed debts, and £10k to my mother. (The largest is £30k from overdraft guarantee to HSBC which I am fairly confident is pretty watertight (I feel the pain jsut thinking about it). I suppose they might have lost the agreement doubt it very much, but in my current situation you've got to hope. Annoying thing is a couple of years ago I had a net worth of around £1million.

We did consider Eurodebt and DMP, but 1 couldn't afford it and 2 when I started enquiring, it seemed a rip-off. I would particularly like to try and see if the Barclays one is unenforceable, but thought it was probably only small obscure CC's that were worth pursuing.

Can you clarify, if they don't hit the timescales you mention, does that mean it's unenforcable?

Is it only when the debt's been sold on that you are likely to be able to identify it as unenforceable?

Forgive my ignorance if it's clear, but I'm new to the subject and read so many different opinions, I'm a little confused.

We've had a budget done by cccs which has helped get some small payments sorted out, but I've just got back on level ground and my new employers (where I was supposed to become a director in November) have just sacekd me 10 months in. I've been stitched up good and proper.

never-in-doubt wrote: »

Sorry to hear this - its not so foolish, I think anyone that is proud would do similar, me included. Its hard to let go if you 'think' you can turn things around..... I do empathise with you.



Who has put a charge on your house? In what way - please be specific and state the actual legal term/act used? Have they actually done it (have you received something from court?) or have they threatened to do it? Major difference....

One charge is from Haydock Finance from a business debt that I guaranteed. £5k
One is from Barclaycard (CL Financing) £12k which was unsecured, but I couldn't pay anything at time, but they got a CCJ and then a charge through the court I sent in a form with this one offering £5 per month on £12,000 which the court and CL accepted, so I don't want to upset the apple cart, but I'll look at your other letters.

I (& my wife) have small mortgage arrears, and large utility bills (priority debts) and £91,000 in total Loans, CC and guaranteed debts, and £10k to my mother.

We did consider Eurodebt and DMP, but 1 couldn't afford it and 2 when I started enquiring, it seemed a rip-off. I would particularly like to try and see if the Barclays one is unenforceable, but thought it was probably only small obscure CC's that were worth pursuing.

Can you clarify, if they don't hit the timescales you mention, does that mean it's unenforcable?

Is it only when the debt's been sold on that you are likely to be able to identify it as unenforceable?

Forgive my ignorance if it's clear, but I'm new to the subject and read so many different opinions, I'm a little confused.

We've had a budget done by cccs which has helped get some small payments sorted out, but I've just got back on level ground and my new employers (where I was supposed to become a director in November) have just sacekd me 10 months in. I've been stitched up good and proper.


Worth a try - send the CCA Request letter on page 1 with a £1 cheque/postal order. Will only be valid for things taken out before April 2007.



That is half true. MBNA have a lot of cases on hold at Chester court but this does not affect unenforceability claims. Basically, no or incorrect agreement = unenforceable. Send off the CCA Request and see for yourself.



Checking unenforceability does not jeopardise anything. They must comply in line with the law. CCJ's can be removed if unenforceability kicks in so worth checking.



You're never too late



Not at all - the CCJ can still be removed at a later date if they cannot produce a lawful agreement. Don't mix the two up - for instance a lender can fill in a blank CCA and take that to court to get the CCJ - when you prove they have not got your CCA then the court removes the CCJ as the debt is, in essence, unenforceable.



Nope and if they did then i've got a great letter you could send them to remind them of the law and their obligations as a creditor! :D



Ask away - we're here to help! Out of interest, how many creditors and what level of debt are you talking here....? i.e. 10 credit cards or like cards, loans, bank accounts etc etc?

1st step for you, get the CCA Request sent off.......