Unenforceability & Template Letters

never-in-doubt

quercus56 wrote: »

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!

Hiya - regards to the highlighted quote above - this is why you send off the CCA request, you want them to provide you with copies of the agreement and you really want to hope they can't - if this happens then and only then does the debt become unenforceable.

Whether you have a copy or not is irrelevant - you are trying to discredit the lender by asking them to prove they have a copy and if so, then you check for the prescribed terms and I know for a fact if you're talking 90's then most the cards issued then came pre-filled in with an invite to apply, basically saying sign here and nothing else then a card would arrive a week later with a silly limit (usually high) - these are the worst offenders and a lot of agreements are unenforceable.....

So to summarise; you need to send off the CCA request and then wait and see what happens. If they take longer than the maximum 12 + 2 days then you cease payments and send the follow up letter. It all makes sense if you read post 1 on this thread.

Good Luck. :T

never-in-doubt

Mate, have you actually considered bankruptcy? i.e. a new and fresh start? I am just thinking aloud - it's something i'd be seriously considering as I doubt you'll get anything like the amounts you mention 'wiped'.

You may get the odd account being unenforceable, which to explain only happens if they cannot provide a copy of the agreement or a legally binding copy as per the prescribed terms. This only means they cannot pursue the debt, you will still be defaulted etc and so cannot obtain credit for 6yrs.

Put bluntly, you send the CCA request and this gives them the statutory 12 + 2 days (14 days) afterwhich if they do not reply then you send the CCA Reminder letter which tells them you'll stop paying etc - read the letters to learn about unenforceability because they are designed to tell the lender their obligations.... easy to learn from.


Good Luck - personally i'd be looking at a new start but that is only from the basic details you have supplied, I am not suggesting you do this without proper advice.

Shafted wrote: »

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.

smileypuff1

Thanks to NID for posting the letters.

Just sent a CCA request off to cabot, and a failure to supply cca to moorcroft (i had sent them a CCA Request ages ago)! Will see what happens.

Cabot only caught up with me last week for a £900 debt back in 2005 for an account I thought was clear. Moorcroft looking £300 but cant supply the CCA, tried to refer me back to the original card provider RBS so just sent them a failure to provide CCA. Hope this is the right thing.

Ignorant question to ask, by 'unenforceable' does that mean at some point in future if there were a legal change it may mean I am liable to pay them? Say this was in 20 years the amount of interest and charges could be colossal!

never-in-doubt

smileypuff1 wrote: »

Thanks to NID for posting the letters.

Just sent a CCA request off to cabot, and a failure to supply cca to moorcroft (i had sent them a CCA Request ages ago)! Will see what happens.

Cabot only caught up with me last week for a £900 debt back in 2005 for an account I thought was clear. Moorcroft looking £300 but cant supply the CCA, tried to refer me back to the original card provider RBS so just sent them a failure to provide CCA. Hope this is the right thing.

Ignorant question to ask, by 'unenforceable' does that mean at some point in future if there were a legal change it may mean I am liable to pay them? Say this was in 20 years the amount of interest and charges could be colossal!

Hiya

Well done for sending the letters, if they don't respond then just ignore them but whatever you do now DO NOT PAY THEM!! If you do it will affect the statute barred date which going by your dates above would suggest this £900 debt will vanish in 2011 and similar for the £300 one....

However, in answer to your question basically the debt will remain unenforceable now. The law will not change in the time of unenforceability to the statute barred date so basically so long as you do not pay them, you will notice the whole thing disappear forever just after the 6th anniversary of last payment or 6th anniversary of default date - whichever is sooner.

Bottom line, you need to sit this out for the last couple of years and just ignore them. After 6yrs the debt vanishes forever and also vanishes from your credit record.

smileypuff1

Oh rite, thanks for the help NID!!

I take it if cabot manage to come back with the CCA i will have to pay tho??

I also rang these people from my home phone the other day, will they now be able to use that to harass me??

My credit record is very poor as it is so guess I have nowt to lose!

Will keep the forum updated with my progress :money:

never-in-doubt

smileypuff1 wrote: »

Oh rite, thanks for the help NID!!

Anytime :beer:

smileypuff1 wrote: »

I take it if cabot manage to come back with the CCA i will have to pay tho??

Ermmm, 'morally' yes but personally i'd be holding out for the last couple of years. can you just confirm the date you last paid either of the accounts and/or the default date?

smileypuff1 wrote: »

I also rang these people from my home phone the other day, will they now be able to use that to harass me??

If they do, give me a shout and i'll sort you a nice letter to stop it. Never ring them - from here-on-in you basically ignore them - yea, no credit for a couple of years but do not converse with them again!

smileypuff1 wrote: »

My credit record is very poor as it is so guess I have nowt to lose!

Put it this way, you pay them or admit to the debt and the record gets worse! They will update status and new clearance date would be 6yrs from last payment and/or last acknowledgement of debt! See my point here....?

smileypuff1 wrote: »

Will keep the forum updated with my progress :money:

Nice one - just be careful and think before you do anything. A little mistake can really be a huge mess-up......

Please confirm default date and the date you last paid the account(s)....

gurm

Hi All

I've sent out 2 CCA Request letters, one to Egg and the other to Capital One. I'm still paying the minimum amount on both cards. My credit rating is fairly good in my opinion but recently my working hours have been reduced by my employer and as a consequence my income has been cut. I am now finding it difficult to pay for bills. mortgage, credit cards etc.

I just want to know when I should stop paying the minimum payments to the creditors mentioned above and if this whole process will affect my credit rating. I'm worried that since I have a mortgage it may cause problems for me to move provider in the near future if I wanted to go for a better deal else where.

Thanks for your help

never-in-doubt

gurm wrote: »

Hi All

I've sent out 2 CCA Request letters, one to Egg and the other to Capital One. I'm still paying the minimum amount on both cards. My credit rating is fairly good in my opinion but recently my working hours have been reduced by my employer and as a consequence my income has been cut. I am now finding it difficult to pay for bills. mortgage, credit cards etc.

I just want to know when I should stop paying the minimum payments to the creditors mentioned above and if this whole process will affect my credit rating. I'm worried that since I have a mortgage it may cause problems for me to move provider in the near future if I wanted to go for a better deal else where.

Thanks for your help

You never stop paying if your credit rating is not affected..... the guide within this thread is assumed the lender has issued a default. If you are not in arrears in the first place then naturally, you do not cease repayments.

smileypuff1

Please confirm default date and the date you last paid the account(s).... [/QUOTE]


I have never paid anything to either of the debt collectors.

When the credit cards were valid the debt cabot are claiming against was last paid in May 05, and the RBS one in Oct 08. Does this make a difference?

I have recently changed address although am still able to collect mail from the old house, should I tell them im going??

Cant thank you enough for your help NID! Good job there are people like you out there to help, debt can be such a misery!!

millyfox64

hi have received a letter from cabot today who i had never heard of telling me my account was overdue , i rang to see what it was about and they say they took over the debt from creation who i have also never heard of and was apparently a store card i took out in 1990 and last paid in 2000 i have no knowledge of this and told them so they were demanding payment over the phone and i said why would i pay for something that is not mine.i have written a letter telling them its not my debt any more advice please