Decided that it's finally time to deal with my Halifax credit card!

ampafc

Serious question - why can't you try and pay your debts like the rest of us have to? Or am I missing something here?

never-in-doubt

ampafc wrote: »

Serious question - why can't you try and pay your debts like the rest of us have to? Or am I missing something here?

Idiot! :mad::mad::mad:

Created just for you!!! 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?

pagenotfound2k

Not heard from either Fairfax or Halifax since the previous letter? Do I keep waiting?

never-in-doubt

pagenotfound2k wrote: »

Not heard from either Fairfax or Halifax since the previous letter? Do I keep waiting?

Oh yes - leave them to sweat in their own stupour! Just ignore them til they next respond to you

pagenotfound2k

Fairfax Solicitors have done me proud - they have sent me a copy of statements.

Or as their letter says, "please find enclosed you copy statements as requested" (sic).

What to do now?