Unenforceability & Template Letters II

ELMA97

Hi NID
Thanks. Yep the signature on it is my own. Damn blast. Ah well. Thanks again.

libbyjade

Re Statute Barred, if I was defaulted in 2009, but kept making reduced payments via a dmp until 2010 and then stopped all payments. If the debt is proved unenforceable, will they drop off my credit file in 2015 or 2016?

Thanks!

jmacp

Hi Guys

Looking for a bit of advice Nationwide Credit Card was Issued Sep 2006 ish. Cant afford to pay it any more so I stopped paying in September 2009. They have issued a default notice and now passed it on to KPR.

Anything I should be doing?

TIA

John

ELMA97

Hi again,
NID How would you know if it was a cut/copy/paste job? It's just we took out a loan and then got sent the cards at the same time, so cannot remember every signing the cc agreement, loan yes. If I remember right the apr was only 12.9% not the 16.9% they are claiming. So am not sure-though it is my signature, and it is a copy. On another note, can you request a creditor to send your a/c to a dca. These !!!!!!s keep adding over £200 interest every month and my cc balance has risen so much. thanks

never-in-doubt

libbyjade wrote: »

Re Statute Barred, if I was defaulted in 2009, but kept making reduced payments via a dmp until 2010 and then stopped all payments. If the debt is proved unenforceable, will they drop off my credit file in 2015 or 2016?

Thanks!

SB takes effect from the first anniversary month of missed/late payment so if you last paid on 25th January 2000 then your debt would be statute on 26th January 2006.

So in your case, the SB date would be 6 years from the actual date you last acknowledged or paid into the debt, whether via a payplan or directly to the lender/dca etc....

make sense?

never-in-doubt

jmacp wrote: »

Hi Guys

Looking for a bit of advice Nationwide Credit Card was Issued Sep 2006 ish. Cant afford to pay it any more so I stopped paying in September 2009. They have issued a default notice and now passed it on to KPR.

Anything I should be doing?

TIA

John

Speak to CCCS or Payplan and agree to repayment schedule.

Unenforecability is not designed to be abused simply because you 'cannot afford to pay'. :mad:

never-in-doubt

ELMA97 wrote: »

Hi again,
NID How would you know if it was a cut/copy/paste job? It's just we took out a loan and then got sent the cards at the same time, so cannot remember every signing the cc agreement, loan yes. If I remember right the apr was only 12.9% not the 16.9% they are claiming. So am not sure-though it is my signature, and it is a copy. On another note, can you request a creditor to send your a/c to a dca. These !!!!!!s keep adding over £200 interest every month and my cc balance has risen so much. thanks

I'd just send the CCA Query letter mate and blag it, if they think they have the original they will attempt court action at which point you would then agree to repay them. Its a gamble but you have nothing to lose.

They cannot add interest like that once sold, but you need to be seriously in arrears for them to sell the debt so time to ignore them, that way they will sell it sooner. If they are ringing you, block witheld numbers or change yours....

ELMA97

NID
Thank you, god I am hounding you today sorry, I already sent the query letter when they sent me the recon, so do I send it again, or just ignore them and see what they do? In court does it have to be the original they produce again or a copy? thanks elma

p.s we own half our house jointly with a housing association-so cud they go for a charging order?

never-in-doubt

ELMA97 wrote: »

NID
Thank you, god I am hounding you today sorry, I already sent the query letter when they sent me the recon, so do I send it again, or just ignore them and see what they do? In court does it have to be the original they produce again or a copy? thanks elma

p.s we own half our house jointly with a housing association-so cud they go for a charging order?

A CO is usually a last resort but before any legal action can be taken you have to be told and as such you would appeal for strike-out due to the account being disputed and possibly unenforceable. The lender then has to prove the debt is enforceable by providing an original copy of the agreement, if they have not got it they don't usually pursue court.

If they do have it, you then agree to repayments with them before the hearing. Make sense?

Don't worry - how much are we talking about here mate?

ELMA97

Hiya again,
Ok the current loan (2008) is being paid via apex cause enforceable.
The one in question is a visa which halfway through was changed to a mastercard, and when they upped the interest rate they never let me know but that is now £13k:eek: as said they sent a copy today but I am just dubious as to the interest rate etc, as I don't remember signing it., tho it does look good. so ignore them, repayment plan, wait and see?ta

p.s- Is what they sent me today able to be used in court or I am I way off the mark?