unenforceable credit agreements

lost_the_plot_3

Hi,I have just started to sort out a DMP with CCCS and in my research found a website which tells you the company of the phone number which calls i had 4 numbers which kept calling at all time of the day. Many be because we have only sent t token payment this month.
In this website 3 of the numbers were from Egg CC. A few people on there stated that if you took the card out before April 2007 it could be an unenforceable credit agreement.
Does anyone have any experience of this and is this true as I have had my card for nearly 10 years and have PP cover too. This would help greatly to reduce our 55K debit if it was true.
Clare

3Dogs

In answer to your question - yes, some debts may be declared Unenforcable if certain conditions apply

Have a good read through this thread but do not use the templates 0n there as they are all out of date - if you want to go further with it contact the author of the thread never-in-doubt through his contact details in his profile and he will put you on the right road

DarkConvict

NIDs new details - http://forums.all-about-debt.co.uk/index.php

Aside from the above topic missing the index page, as far as i know its in date, so i use the Version 3 topic to find the letters.

Remember!

'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.

Claims firms suggest there may be other avenues to avoiding debt but there has been extremely limited evidence of any of these working.

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

If your on a DMp with any decent DMP company, they will still expect you to pay those debts whether they are enforceable or not!

pkezza

I have a feeling you may be right. I have an egg card and loan, which I have had for years, they are one of my biggest creiditors, and have agreeed to freeze interest and charges immediately, without even contact from cccs !!! I thought they were being very nice about it all, but maybe its because they know the agreement may be unenforceable. Tbh though, Id rather just pay my dues to cccs (without paying mass interest) and NEVER get a card EVER again !!! I got myself in to this mess and feel a massive responsibility to get myself out of it, and feel that starting to try to claim unenforceable agreements could possibly get a bit messy.

lost_the_plot_3

I have read all the posts on here and the credit card one i posted on. I am not trying to get out of paying back my debit. I was just asking if any one had experince of this.
I have over the years paid off my egg card and had zero balance for a while, but over the last few years I or should I say we, have managed to max it out just before they decided to increase the intrest rate. This along with other creditor doing the same have caused us to struggle. We decided on a DMP plan before it got any worse. I have had many a sleepless night worrying about our debit and cou ld not face having it get any worse. I have done hours of research and found the website as I wanted to know who was calling us. I did not want to answer any calls untill CCCS had let me know what they had been able to sort out for us. At least that way I was ready for the questions that i would get from the calls.

NorthernLas

LTP -

Lots of people have gone down the unenforceability route. As it has a significant effect on your credit file, it is normally suggested when you have multiple debts and there are few options.

As you are just setting out on a DMP, you should expect lots of phone calls. You can simply answer and say you are with CCCS and give them your reference number. I wouldn't answer questions as it is their job to hassle you to pay them more money.

Have a read of saltnvinegar's debt experience, it will give you hope that things will calm down.

https://forums.moneysavingexpert.com/discussion/2673537

If you want to pursue unenforceability, for the best help, go to the all about debt forum that DC suggested.

Should you decide to pay reduced payments, you should have a look at the thread to reclaim PPI and reduce your debt this way.