Unenforceability & Template Letters II

never-in-doubt

ADB1982 wrote: »

Hmmmm... Not sure I am or if I understand the consequences well enough really... I'll have a read through and see.

Basically you get a default, no avoiding that. So it affects your credit rating for 6 years, but of course you walk away with no debt!

That said, if they provide the agreements at a later date then you may have to start to repay as well.

Lots to consider, see page 1 and then if you're stuck let us know and we'll sort it for you

DGJsaver

And you get a default by not sticking to the agreement/s anyway , so if your struggling and having to try and come to payment arrangemnets etc , then you have nothing to lose....sound about right NID ?

never-in-doubt

DGJsaver wrote: »

And you get a default by not sticking to the agreement/s anyway , so if your struggling and having to try and come to payment arrangemnets etc , then you have nothing to lose....sound about right NID ?

exactly mate - spot on. Its the lesser of the two evils :beer:

ADB1982

never-in-doubt wrote: »

if you're stuck let us know and we'll sort it for you

You may regret that!

Is default like a missed payment? Or when you don't make any repayments?

never-in-doubt

ADB1982 wrote: »

You may regret that!

Is default like a missed payment? Or when you don't make any repayments?

a default notice etc, i.e. status on your credit file changes to default (i.e. you have stopped paying!)

you really need to read page 1 before firing questions, it will make sense there.... :beer:

never-in-doubt

For anyone that has read this misleading link; MSE News: OFT warning over 'debt write-off' claims

Please note that it changes nothing, yet again it appears that MSE have written their own version of events without actually understanding what they are writing - they are wrong, the OFT have said nothing whatsoever about the test cases being the big bad closure of unenforceability....

Basically it is full steam ahead, if you're unsure then post here and we'll guide you in the right direction.

St0lli

Hi Niddy - just arrived home to find a letter from Northampton County Court regarding my MBNA credit card who Optima are now dealing with. I received a letter from Optima Legal on Monday 17th (letter dated 15th Jan) saying I had 14 days to respond to the letter. If they did not hear from me within 14 days of the letter we may commence legal action. The date on the letter from Northampton CC is 22nd January so they only waited 7 days. Before I got home this evening I had been to post office and sent my CCCA request with £1 postal order (sent special delivery) so they will get it tomorrow.
What do I do with the letter from the court. I'm shaking so much I can hardly type...
Any suggestions please?
St0lli

bluepanda

Hi

I would greatly appreciate any advice anyone can offer me on my situation. I have basically kept my head in the sand over debts ive had for the past 3 years. I have not made any payments for a long time. I came across this thread and wondered if any of it applies to me.

I have 2 credit cards - egg and mastercard, taken out in roughly 1997 and 2001 - and an egg loan taken out in 2001 also. After reading this amazing thread i think i may be able to try the unenforceability route but i have a couple of questions regarding my suitability. Firstly, the absolute constant hounding from credit agencies has finally died down a bit and since i now live with my parents again and they have been very good considering i know how uncomfortable the constant phone calls etc made them. Im worried by pursuing the unenforceability again it'll put me back on their radar and begin the barrage of calls and letters again. It would be worth it if i was confident i would win, but would be horrible if i was unsuccessful and everything started again.

Secondly, i have not had any official contact in writing with these companies for over 4 years, so would it be better to just wait it out since the hassling has dropped and try for statute barred - not sure if this is the correct term! Moreover, concerning statute barred, i took out these cards when i lived in Scotland. I currently live in Scotland, but for a year i lived in England. Am i right in assuming that Scots Law should apply to my case and therefore i need only wait 5 years rather than 6 to apply for statute barred?

Another question i have is about credit reports. Probably stupidly, i have never looked at my credit report, was worried the companied would know i looked and that would act against me somehow. Recently i read though that the details of bank accounts you hold appear on your credit report. I had no idea this was the case. Can anyone confirm this is true and if so, how much details regarding one's bank accounts appears on credit reports. Surely, they do not reveal how much money is in your account.

I'd just like to say a special thank you to NID. You help many people and take massive weight from their shoulders in terms of relieving stress.

japanesegirl

I sent a 'Prove it letter' to Westcot who were hounding me, apparently on behalf of British Gas!! within a week I got a letter of apology and were told by them that they had passed it back and I would no longer receive any correspondence from them,

BRILLIANT - thank you so much MoneysavingExpert Forums for the fantastic advice I have received over the years and thank god you exist, isnt it a pity that there isnt somewhere else to go for advice, this is the only place I now trust, I think the Government makes their sites difficult so you havent got a clue whats going on or how to deal with it, and that we have to do it on our own. This site has saved us and my sister.

never-in-doubt

St0lli wrote: »

Hi Niddy - just arrived home to find a letter from Northampton County Court regarding my MBNA credit card who Optima are now dealing with. I received a letter from Optima Legal on Monday 17th (letter dated 15th Jan) saying I had 14 days to respond to the letter. If they did not hear from me within 14 days of the letter we may commence legal action. The date on the letter from Northampton CC is 22nd January so they only waited 7 days. Before I got home this evening I had been to post office and sent my CCCA request with £1 postal order (sent special delivery) so they will get it tomorrow.
What do I do with the letter from the court. I'm shaking so much I can hardly type...
Any suggestions please?
St0lli

You apply for strike-out due to the fact the account is disputed in its entirety and the fact you are awaiting CCA (s.78) request.

Can you start a new thread on this board with this - you'll get better replies and more hits, obviously don't worry you will not be going to court (if you do i'll come with you lol)! They have used the Bulk Processing i.e. MCOL.....