Frightened about my future

mouseann

never-in-doubt wrote: »

Hi Angelic

You should know better young lady Nothing is written off, it is classed as being deemed unenforceable (biiiiiig difference)

basically, an unenforceable debt can be made enforceable at any time within the statute period (6yrs) only upon provision of original agreement being presented to a judge - however it still has to contain the required and prescribed terms so we generally can say it is "written off" but at this stage it is way tooo early cos they still have to come back with a response and I suspect i'll have to calm Ann down a lot before things are officially "written off"

I'm actually hoping we can get a clean sweep and get the whole lot (£120k) deemed unenforceable, confident? yep - that's me :rotfl:

Thanks for putting this so well, NID.

AngelicaMary, I was offline for a bit!

Regarding the total amount - I was going to say that I dare not even count it up yet, because I think I still have a long way to go (and NID is right about having to calm me down!) and I think that working things out at this stage is more than tempting fate!

I do apprciate your kind words though.

And the letter I received yesterday was the best so far - the bank in question actually put in WRITING that they could not find the agreement and therefore are unable to enforce it. However, they DO point out that I do have a commitment to repay them and that they can (and almost certainly WILL) report me to a Credit Reference Agency.

I just hope that NID is right about th total amount being deemed UE.

Hope that this clarifies things!

never-in-doubt

mouseann wrote: »

I just hope that NID is right about th total amount being deemed UE.

Hope that this clarifies things!

Hi Ann

Out of curiosity what do you think, rough guess? Around the half way mark (£60k)?? It'd be good to have a rough idea, don't go getting a calculator hehe

Regards to them all being made UE, hey - that's cos i'm confident as a person, not so much confident in their ability to prove me wrong! Basically we will find fault with their agreements, if for any reason we can't then hey-ho, we deal with that as and when it occurs (which I know will not be frequently!)....

Of the 8 so far, only one is iffy - the other 7 are 100% unenforceable - i.e. they can never take action against you unless they provide a much better [STRIKE]forgery[/STRIKE] agreement (always the sceptic Niddy!):rotfl:

mouseann

Hi all,

Have been offline for about an hour - fel asleep in front of the telly!

And now I appear to have lost the plot - the discussion has ranged from famous people to the Royal Family with some football thrown in!

Very difficult to keep up with it all!

carol01

savingwannabe wrote: »

I met Muhammed Ali when i was 14! for real. One of the greatest moments in my life!!!

hiya savingwannabe
you have met my oh idol we have a boxing glove signed by him in a glass case with a coa .
where were you when you met him how lucky are you x

3Dogs

Hi Ann and the gang

Hubbie and I have just had the second of our daily catch-ups of the thread and I can honestly say we have never laughed so much - in a good way I hasten to add - your chat on here is amazing

To think how you felt in your first post Ann ...... wow

Jinny - al rite Pet

And SW - we laugh with you, cry with you, worry with you, smile with you, you are a gem - one of a kind and very kind as well

mouseann

never-in-doubt wrote: »

Hi Ann

Out of curiosity what do you think, rough guess? Around the half way mark (£60k)?? It'd be good to have a rough idea, don't go getting a calculator hehe

Hi Niddy,

Not really sure at what stage I can regard them as UE - apart from the one yesterday.

But, I would say that it has certainly reached the half way mark - which is probably nearer £65K with all the interest that has been racking up. And if the HSBC one can be counted, I think it should be nearer £75K.

As you say, there is one query - plus I have heard nothing at all from 2 of them, and still waiting replies from 4 who have asked for a signature, which I have queried.

I notice that Angelic mentioned "statute barred" - I think it is going to be over 6 years before they get to this status as, up until the end of March, I had not defaulted on any payments! (If only I had known what I know now when I was working and earning a good salary - but isn;t hindsight wonderful?)

Hope this makes sense!

never-in-doubt

mouseann wrote: »

Hi Niddy,

Not really sure at what stage I can regard them as UE - apart from the one yesterday.

But, I would say that it has certainly reached the half way mark - which is probably nearer £65K with all the interest that has been racking up. And if the HSBC one can be counted, I think it should be nearer £75K.

As you say, there is one query - plus I have heard nothing at all from 2 of them, and still waiting replies from 4 who have asked for a signature, which I have queried.

I notice that Angelic mentioned "statute barred" - I think it is going to be over 6 years before they get to this status as, up until the end of March, I had not defaulted on any payments! (If only I had known what I know now when I was working and earning a good salary - but isn;t hindsight wonderful?)

Hope this makes sense!

Well that's excellent news then isn't it - you'll be quids better off a month! That's all that really matters anyway.

Regards to Statute Barred (Limitations Act 2000), it is 5yrs in Scotland and 6 in England - basically the SB clock has already started ticking for you, it is 6 years from the date you missed your first payment - so yea, it'll be 6 years from now, for you however you're not exactly keen to get loads of credit again are you? :rotfl:

The stage they become unenforceable is at the point the lender/dca fails in any of their s.78 obligations, all of yours have except the one we mention (Amex). I am specifically referring to the ones we've had a reply from, not the outstanding ones. Ergo, in essence the 8 UE ones all need to present an original copy before they come out of default and enforce the debt again. This will not happen, quite simply. Trust me on that one

So, even though we can assume they are UE, the lender can cancel this by providing an original agreement (to the court) but as we know this will not be the case, they will use all sorts of threats (for a few months) until they realise the last resort for them is to take you to court - when they try and do that someone within their legal team should remind them they will lose and they will just back down and quietly walk away (tail between legs). So you'll get a wee bit of hassle to come yet, but don't worry we'll sort it for you in a jiffy

I have added lots of new templates to my thread through the night last night, these compensate recent queries by the lenders - they must love seeing my templates day in - day out - muppets :rotfl: :rotfl:

Hope that helps to explain things...

mouseann

Thanks NID,

This is very reassuring - and I am ready for the hassle!

Presumably the next step will be to pass the debts on to a Debt Collection Agency? As already mentioned, I can cope with the phone calls and letters - it is the possibility of someone turning up on the doorstep that scares me! And, given the total amount involved, I suspect this may be a distinct possibility? Not sure whether I can try to play the age card - I am well over 65 (well 5 months!)

This is a really good time to have the situation summarised because, as I have mentioned previously, I have a friend arriving tomorrow which means that I may not be in touch much until the weekend. However, I have learned that it really does not hurt to leave things in the post for 2 or 3 days!

You are doing such sterling work - and not just for me, but for everyone else who is turning to you for help. The templates are really stunning in their detail and the way in which they cover all eventualities!

never-in-doubt

mouseann wrote: »

Thanks NID,

This is very reassuring - and I am ready for the hassle!

Presumably the next step will be to pass the debts on to a Debt Collection Agency? As already mentioned, I can cope with the phone calls and letters - it is the possibility of someone turning up on the doorstep that scares me! And, given the total amount involved, I suspect this may be a distinct possibility? Not sure whether I can try to play the age card - I am well over 65 (well 5 months!)

This is a really good time to have the situation summarised because, as I have mentioned previously, I have a friend arriving tomorrow which means that I may not be in touch much until the weekend. However, I have learned that it really does not hurt to leave things in the post for 2 or 3 days!

You are doing such sterling work - and not just for me, but for everyone else who is turning to you for help. The templates are really stunning in their detail and the way in which they cover all eventualities!

Hi Ann

You will have nobody turn up at your door, trust me on that! They would not risk it. They have to threaten it first and i'll guarantee you they wioll not follow it through, if they do then great - you'll be suing them the next day (but they won't)..... if they did you simply call the Police as they have no right to be there - they have NO powers remember. I even got Roberto Moir to confirm this earlier last week remember?

I know bailiffs as well as I know unenforceability and trust me, you're safe from any of that carry on! Just think like this, if you do not want someone on your property - what do you do? Well, you'd do the same if a lender came unannounced or unlawfully.

Granted, they could make threats - but then i'll threaten them back and they will quit before I do cos the next move would be to formally report them.

You'll get DCA hassles - that is it. No bailiff will trouble you, the amount really doesn't matter.

Happy? Now you go enjoy your break and do not worry about a thing! One last point, are you in a flat or a house? Not that it matters, but obv a flat makes it a lot harder for anyone to gain access to the building that is why I asked.

mouseann

never-in-doubt wrote: »

One last point, are you in a flat or a house? Not that it matters, but obv a flat makes it a lot harder for anyone to gain access to the building that is why I asked.

Thanks Niddy,

Again, this is very reassuring.

I do live in a house - end-terraced. I think I am capable of confronting them on the doorstep and not letting them in the house - my slight concern is that they will see my car and go after that! However, where I park the car is round the corner from my house so, unless they actually saw me get in or out of it (or unless someone told them!) they would not necessarily relate the car to me. And I would be very unlucky if they turned up at the same time as I was getting out of or into the car - unless they staked out my house! (Now I am getting into the realms of fantasy!)

But, as you say, this is a few weeks (months even?) down the line and I am learning to take one day at a time, and cope with things gradually, if you get my drift.

Am off to bed now - may be reporting in over the next few days, if I get an opportunity.

Thanks again for everything.

Hope you don't find too many trolls!