Unenforceability & Template Letters III

fedupwiththeworry

Hi NID,

We've decided to bite the bullet as we can see no way of paying back what we owe within the forseeable future.
The debts total around £80k and having been with Payplan for 4 years and paid off £10k (plus all the other payments prior to Payplan) they estimate it will take until 2037 to be debt free. We are struggling each month to pay them and can't go on like this any more.
There are 11 creditors all prior to 2007 and most are with DCA's. We have really been trying to pay back what is owed but if you are a few days late, the phone calls and letters start so we are used to that side of things.
The companies are
GE (ASDA credit card)
Mint CC
BOS CC
MBNA Loan
Cap One CC
Halifax CC
BOS (will get back to that one later)
CITI Card CC
Cap One CC
Barclaycard Mastercard CC
Barclaycard Visa CC

The above BOS was a business bank a/c which was overdrawn, my partner is sure they said they were going to turn it into a loan prior to passing to a DCA. We never had any paperwork as far as we can recall. Going to look back to see if we can find anything in writing.

Looking at the above, from your experience what are the chances of those companies being unenforcable ?

Going to send off to the 3 credit report companies so we can check who has already issued defaults. Should we stop paying Payplan now, or wait and see what the CCA requests bring? Also should we await the credit reports before sending the CCA's, so we know who owns the debt ?

Thank you

carol01

hiya n.i.d
had a letter from halifax today the have sent original agreement .
had a look at part 4 only their signature is not there also there is no credit limit and i am not too sure about where the prescribed terms and conditions are supposed to be, or what link on the first page would link them will have to take a picture for you to look at if thats ok
thanks n.i.d

monlou

Hi NID

Regarding My Mums Barclays account we have sent off the CCA Query today. My mum got a letter today from Calder Financial for a formal demand for payment. And they are going to send a debt collector round if payment is not made by the 9th May. Shall we send the threat of doorstep letter or wait for the response to the CCA Query?

Thanks
Monlou

never-in-doubt wrote: »

Morning,

Barclays (mums account) - Unenforceable :T - send this: CCA Query - Terms & Conditions Supplied

Halifax - Unenforceable :T - send this: CCA Query

MBNA - Enforceable (you done this in Dec 2007 and signed digitally, with the "Tick in a Box" - see note below, from my FAQ, regards to this:



Regards to the MBNA account, you could try and blag it and see what happens? This is up to you, if they push too hard then we can always back down at a later date but could be worth a punt at blagging it and assuming it is unenforceable - kinda like calling their bluff?

If you want to blag it send this: CCA Query Update me with whatever they respond with. If you don't, then agree to a repayment plan

never-in-doubt

monlou wrote: »

Hi NID

Regarding My Mums Barclays account we have sent off the CCA Query today. My mum got a letter today from Calder Financial for a formal demand for payment. And they are going to send a debt collector round if payment is not made by the 9th May. Shall we send the threat of doorstep letter or wait for the response to the CCA Query?

Thanks
Monlou

Hiya

Barclays is unenforceable - assuming you have sent the last letter, as directed, then yea - send the threat of doorstep visit template off as well. Remember to do it recorded....

never-in-doubt

alland wrote: »

NID, The total amount adds up to +£114K....and increasing by the day...:(

Don't you worry about it, we'll get that down a lot....

Send the CCA Requests and see what transpires.

never-in-doubt

cejsmith wrote: »

But good old LLoyds TSB wouldn't let me be a signatory becuase of my credit file!!!

So just be a little bit aware it's not just your ability to borrow the defaults can effect.

Hiya

This is true, you cannot go from unenforceability into credit for possibly 6 years which is why I always tell people that it is a last resort and not to be taken lightly. Forget a new account if you have several defaults, you will only be accepted for sub prime lending and/or basic bank accounts.

monlou

Thanks
Only sent off CCA query today but i will sent Doorstep template letter as well
Cheers

never-in-doubt wrote: »

Hiya

Barclays is unenforceable - assuming you have sent the last letter, as directed, then yea - send the threat of doorstep visit template off as well. Remember to do it recorded....

never-in-doubt

Little_Miss_Knuckles wrote: »

Hi NID

i thought all had been sorted but unfortunately not. just a quick jog here is my last post from them and i sent your reply as you stated

forums.moneysavingexpert.com/showthread.php?p=31389713&highlight=#post31389713

5 Weeks later i have received a latter that i can only describe as a Standard template stating FORMAL DEMAND FOR PAYMENT, again this is from Calder Financial

it starts saying


again you infinite wisdom and advice would be appreciated.


Regards

Little Miss Knuckles

Hiya

This was my reply: #1223

Have they sent the CCA yet, anything? Please give me more details and try to link to posts properly - it makes my life easier! Thanks

never-in-doubt

fedupwiththeworry wrote: »

The above BOS was a business bank a/c which was overdrawn, my partner is sure they said they were going to turn it into a loan prior to passing to a DCA. We never had any paperwork as far as we can recall. Going to look back to see if we can find anything in writing.

Chances are it is still as you left it, if it is a bank account then this will not be able to be unenforceable. More on this later - still send the CCA Request though, until they confirm it is an overdraft/whatever.

fedupwiththeworry wrote: »

Looking at the above, from your experience what are the chances of those companies being unenforcable ?

All of them - lol. Serious...

fedupwiththeworry wrote: »

Going to send off to the 3 credit report companies so we can check who has already issued defaults.

Good idea

fedupwiththeworry wrote: »

Should we stop paying Payplan now, or wait and see what the CCA requests bring? Also should we await the credit reports before sending the CCA's, so we know who owns the debt ?

Thank you

I cannot answer this for obvious reasons, you will stop paying soon enough so it may be an idea to quit it now and save next months permiums, especially as you cannot afford. Its up to you, if you're asking what I would do - then I think i've already answered you but obviously I cannot advise that it is the best for you to do - however it can do no harm....

never-in-doubt

carol01 wrote: »

hiya n.i.d
had a letter from halifax today the have sent original agreement .
had a look at part 4 only their signature is not there also there is no credit limit and i am not too sure about where the prescribed terms and conditions are supposed to be, or what link on the first page would link them will have to take a picture for you to look at if thats ok
thanks n.i.d

Hiya

email me a copy please..... i'll confirm later