Debt Unenforcable - Never Ending Circle...

TheRealDeal_2

Hi Follks,


I hope someone can give me some advice or a fresh outlook on things...


Over a year ago I made moves to deal with my debt of 3 credit cards.
I tried to get the interest frozen and lower payments etc. but none of them were interested in this.

Eventually I requested the CCA from each Credit card which none of them could produce a true copy of the original, in fact only one bothered to send a template of their basic as the other two ignored me.

So from their it went quiet for awhile then I started getting harassed from various Debt recovery agencies, it was a nightmare working out who was working for who as I had up to 10 calls per day.

Eventually I told each company the same story that their clients couldn't produce the Original CCA and their 14 days was long passed so I believe the debt to be Unenforceable.

All that would happen is they would bounce the debt back to the original company and then they would pass it on to yet another agency.

I eventually gave up and paid a company to have all cards declared unenforceable even though I thought I had done so already ?

After this I had peace and quiet for about 11 months now I have Debt recovery agencies slowly making the odd call and text message looking for money again.

What have I done wrong and how do I know for sure if its unenforceable since none of the original creditors have acknowledged me just past the debt from one Agency to another ?

Hannah_10

This might not sound relevant but how long has it been since you last made payments to these three debts?

TheRealDeal_2

Hannah_10 wrote: »

This might not sound relevant but how long has it been since you last made payments to these three debts?

Over a year, I can't remember specifically but its definitely over a year.

NorthernLas

Did you write and ask for a CCA, did you send a reminder letter?

Did you ever write to them (recorded post) and tell them that the debt was not enforceable?

Did you ever write to them to tell them to contact you in writing only?

The link below is a short summary on enforceability, how to check agreements and FAQ. To me it looks like DCAs can still try and chase for 5 years. Have a read and see if it helps
http://forums.moneysavingexpert.com/showpost.html?p=30360129&postcount=35

TheRealDeal_2

NorthernLas wrote: »

Did you write and ask for a CCA, did you send a reminder letter?

Yes, only one company complied and it was a blanket copy not the true one I signed.

Did you ever write to them (recorded post) and tell them that the debt was not enforceable?

Not specifically no, just mentioned while warning them off for harassment.

Did you ever write to them to tell them to contact you in writing only?

Yes I did. They just keep on getting Debt recovery agencies onto it who harass me by landline, mobile phone and post.

The link below is a short summary on enforceability, how to check agreements and FAQ. To me it looks like DCAs can still try and chase for 5 years. Have a read and see if it helps
http://forums.moneysavingexpert.com/showpost.html?p=30360129&postcount=35

Thanks I'll take a look.

PNPSUKNET

They can still chase you, it just means they cant take you to court. Although recent cases say they dont have to provide a signed agreement

TheRealDeal_2

PNPSUKNET wrote: »

They can still chase you, it just means they cant take you to court. Although recent cases say they dont have to provide a signed agreement

The Law in Scotland changed regarding the the CA loophole. It makes it harder for companies to recover their debt.

See here -

http://www.credittoday.co.uk/news/news-item.cfm?news=1352

TheRealDeal_2

I got yet another letter today from another Debt recovery agency. What can I do to stop this ? Do I really need to send a letter to every single agency the Creditors use ? I have not paid in nearly a year and had them challenged over it being unenforceable but they just move from one agency to the next, every time I chase one away another one is appointed.

DarkConvict

Do I really need to send a letter to every single agency the Creditors use ?

Yes, CCA means they can ask for repayment. It only stops court action. Until the debt goes statute barred or they give up, this is what you have to put up with.

OFT wording - "'Unenforceable' means a lender can still chase a borrower for payments and register non-payment with credit reference agencies, but it cannot use the courts to enforce the debt."

http://www.moneysavingexpert.com/news/loans/2010/01/oft-warning-over-debt-write-off-claims

TheRealDeal_2

DarkConvict wrote: »

Yes, CCA means they can ask for repayment. It only stops court action. Until the debt goes statute barred or they give up, this is what you have to put up with.

OFT wording - "'Unenforceable' means a lender can still chase a borrower for payments and register non-payment with credit reference agencies, but it cannot use the courts to enforce the debt."

http://www.moneysavingexpert.com/news/loans/2010/01/oft-warning-over-debt-write-off-claims

Ok thanks for that.

Can I ask how your debt becomes 'Statute barred' and what this means ?

DarkConvict

Statute barred is pat of the Limitations Act 1980 (England), different law in Scotland.

Basically in;
England - If you have not made payment on or made written acknowledgement of a debt for 6 years, it becomes statute barred. This means the debt cannot be enforce via a court action, i.e. CCJ. Furthermore if they continue to demand payment and you state you will no pay they are breaking the law on harassment, and thus they guilty of unlawful harassment.

Scotland (Stronger laws) - If you have not made payment on or made written acknowledgement of a debt for 5 years, it becomes statute barred. This means the debt cannot be enforce via a court action, i.e. CCJ, because the debt is legally extingished, therefore it no longer exists. Furthermore if they continue to demand payment and you state you will no pay they are breaking the law on harassment, and thus they guilty of unlawful harassment.

Template letters with the correct laws - http://forums.moneysavingexpert.com/showpost.html?p=11571227&postcount=3