Unenforceability & Template Letters III

thechippy

PNPSUKNET wrote: »

even without intrest & charges dont you think the companys should atleast recieve their money back, after all its theirs

With two thousand odd posts, I'd think you'd been around here long enough to understand why many are almost "forced" to go this route.

You know, with the "oh so honourable" lending institutions that do things for us like tick ppi boxes on our behalf, use photoshop on agreements etc......:mad:

If you have nothing constructive to say - then.....*** ***

Apologies in advance NID

Rainbow_Liberty

PNPSUKNET wrote: »

even without intrest & charges dont you think the companys should atleast recieve their money back, after all its theirs

Yes, and I think that each and everyone of us would agree with you, but not everything is black and white.

I would if I had the money to
if I could pay every debt back
but I can't get out of the vicious spiral of charges
so I won't if the law says I don't have to

We haven't done it deliberately, well I doubt it anyway, if I was going to try to do something like that I'd do it for a much much much larger sum than is around my neck at the moment

Sarsie

PNPSUKNET wrote: »

even without intrest & charges dont you think the companys should atleast recieve their money back, after all its theirs

So when you watch your kids play football do you let the other teams hand-ball goals count too then?

Or is it only alright to cheat when the people being cheated aren't your own family?

I don't think it matters if you're a six year old with a couple of quid pocket money or a high street bank with a couple of billion in anual profit. To me breaking the rules is breaking the rules.

If the banks didn't break 'em we wouldn't be able to use the unenforcibility route. The banks have done this to themselves by trying to cheat us in the first place. But cheat they did.

So back to what you're asking, I suppose the answer all depends on if you allow hand-ball goals in football.

never-in-doubt

I_Love_Crisps wrote: »

Hi Nid, after various threats from Cap One (3 days to pay, bailiffs etc), the latest letter was vey polite and said they were launching an investigation and would reply in four weeks...this is from an unenforceable application form, seems strange to me...is this the calm before the storm?

Its their formal complaints policy - they will change back to the old ways soon enough lol.... see what they respond with yea\?

never-in-doubt

5corpio wrote: »

Hi everyone

Out of 7, 2 have not responded to my 1st stage letter. (My fault as i didn't send recorded delivery to any of them)....

As the above 2x that not responded (Other 5, ii waiting for them to send me my agreement - whenever that maybe), and they are handled by DCA, and NOT defaulted, one of them prior to NOT have responded to me since May 2009 which was my old address even though i have contacted them this year with checking that they have my correct address details which they have as i wrote to them umpteen times and spoke to them. They other agreed to recieve £2.00 p/mth as i am still unemployed

Q: is it Best to go down the remidner route (even though i NOT been defaulted?), even though i have been sending the Min payment of £2.00 p/mth (when i get around to it that has been). or STOP sending monies, till they then send me a letter, followed by THEN sending the reminder letter

thanks

Have a good weekend, whats left of it

Hiya

You should cease repayments the moment they are in default with your s.78 request. so you send it and then after 14 days just stop paying, pointless sending reminders and doing their jobs for them - it is currently unenforceable, so long as they are in default of your s.78 request.

Make sense? See page 1 and follow the advice there - its sooo simple!!

never-in-doubt

PNPSUKNET wrote: »

even without intrest & charges dont you think the companys should atleast recieve their money back, after all its theirs

Can we all ignore PSPSUKNET - this is a person who repeatedly causes problems with smart arsey comments, admin will not ban him because he hasn't actually broken rules, so best to ignore him....

---

I reiterate: Why would someone utilise Unenforceability - Question & Answer!

As the question has been asked, i'll do the decent thing and answer it, diplomatically and honestly. Hopefully then, if anyone else wants to know "under what circumstances would someone want to question the enforceability of a debt, other than to dodge it" we can link back to this post.

Lets not dwell on it, lets not quote it, lets just leave it and those that want an answer, can refer to this and have their answer.

I'll list 2 examples, of why someone may wish to pursue unenforceability;

1. The Debt-Dodger
This will be someone that has got themselves into debt, for whatever reason and has seen the coverage on the news etc and thinks they can just follow this process and walk away, debt free.

Its not true nor is it that easy! You can never walk away. There are always consequences, such as Default Entries being registered against you, possible CCJ's, possible Charging Orders, Fraud Indicators the list goes on. A debt dodger is not welcome on this thread. We will not give them the time of day, they are easy to spot and if you have a spare week check the first ever thread I done (from page 1, post 1) and you'll see there were a few there - they all came unstuck when they started to get default notices!

2. The Last Resort
This will be someone that has tried everything, they are paying Peter by taking from Paul and their outgoings far exceed their income and they may be considering an IVA or Bankruptcy.

In this situation, the debtor may have been in a great job or whatever, they then lost that job and could no longer afford their liabilities. We do not judge, we all make mistakes. Therefore, the debtor tries to speak to the lender and negotiate some type of repayment plan - maybe paying 50% per month until they find a job. Usually the lender (creditor) will say no, and sell the account to a DCA. Obviously the debtor is left scratching their head because they have tried almost everything and the lender has repaid their years of loyalty by threatening them with bailiffs or whatever.

The debtor then realises the lender is in fact using illegal bullying methods and decides to fight back. They therefore attempt unenforceability for a couple of reasons, mainly to get them off their back - some normality, as such. But secondly as a little revenge. You'll find almost every person I help on here has tried to negotiate in some way prior to posting up here - but when they keep hitting a brick wall, what do you expect?

The above examples, though not exhaustive, are the main two reasons that someone may decide to "question the enforceability of a debt, other than to dodge it"

I trust this question has now been answered - lets move on, yea?

Slickfm

scarednshakin wrote: »

Very well said :T. The majority of us have done all we can to pay off what we have borrowed, but due to changes in circumstances and banks loading on heaps of interest and charges, even when you get in touch to explain the problems, you can never get it paid. We are not trying to find an easy way out because believe me this is not easy, but we support each other.

This thread is a great help and a lifeline to so many. Most of us would be in complete despair without the help and advice of Niddy.

I agree, well said:T:T:T

never-in-doubt

nanna58 wrote: »

HI NId

someone extremly close to me is bring harassed by Moorcroft. They have been paying them regularly over themany months,and frequently get calls to up the payment. the OP repeats that is all tey can afford now but still the calls come.With a rough cacluation they recon that the debt has been payed off.Would it be advisable to send them a Prove it or a cca.

many thanks

If they are being hassled then send this: Harassment by Telephone

never-in-doubt

Can we stop even replying to idiots like that - so several of you felt the need to respond and give him the ego boost he wants - thanks guys!

Next time, just ignore the comment yea?

maz1964

hiya niddy and all

well ive been away a few days and gosh i always miss the fun:rotfl:

well lets get back to business as usual like niddy has stated, as if you havent stood in my shoes, then you never know the pain im in, im sure some other clever person has already said that but hey nice to say it again;)

without you niddy i for one will have ended up again at the docs but now im gaining my support from this wonderful thread and its genuine fellow supporters of you.

Life is wonderful with you all in it so thank you.

Have a fun day and keep positive, if anything ive personally learnt is that there are always others that will try and discourage you when all you are trying to do is gain knowledge.

Keep happy laters all MAZ