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CCA query

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Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    They know full well what the consequences are, so unless they start hassling you then personally I can't see the point.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Oh well. Can't win them all. They have provided copies of the original documents. Signed by DH, right address, Abbey National quoted all the way through with mbna as the card issuer behind abbey etc.

    Oh well. Was worth trying. Thank you everyone for your help.
    DFW Nerd No. 1484 LBM 07/01/15 Debt was £95k :eek: Now debt free and happy :j
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    I would probably get what has been sent checked out though, as not everything that appears enforceable always is. :cool:

    There are a couple of forums that might be able to help with that, which I think you know of.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • January2015
    January2015 Posts: 2,369 Forumite
    Eighth Anniversary 1,000 Posts Combo Breaker
    edited 14 February 2016 at 9:18AM
    Apparently it's unenforceable - looking positive again :)
    DFW Nerd No. 1484 LBM 07/01/15 Debt was £95k :eek: Now debt free and happy :j
  • sourcrates
    sourcrates Posts: 31,978 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Apparently it's unenforceable - looking positive again :)

    Oww, come on, spill !!!!

    Can you upload a copy jan ?
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • sourcrates wrote: »
    Oww, come on, spill !!!!

    Can you upload a copy jan ?
    Yes please! There's a lot of those Abby cards around, later bought by MBNA, so it would be useful for others to see what has been declared unenforceable and why.
    Big corporations take advantage of the unwary, it's time we learned how to deal with them
    :dance::dance::dance:
    Any comments are based on personal experience and interest in consumer matters, they do not constitute advice.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    It's not been 'declared' unenforceable. Only a court can do that, but I know what you meant.

    It's just in the opinion of someone who has dealt with many over the years.

    People can be wrong, and opinion is just opinion, and it if it ever did go to court it's only the judge on the day's opinion that matters, so these things need to be taken in that knowledge and with caution.

    Companies like PRA do try their luck in court sometimes with such agreements, so could be the start of a journey and not the end.

    However, pleasing news. :)
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • January2015
    January2015 Posts: 2,369 Forumite
    Eighth Anniversary 1,000 Posts Combo Breaker
    edited 14 February 2016 at 9:28AM
    fermi wrote: »
    It's not been 'declared' unenforceable. Only a court can do that, but I know what you meant.

    It's just in the opinion of someone who has dealt with many over the years.

    People can be wrong, and opinion is just opinion, and it if it ever did go to court it's only the judge on the day's opinion that matters, so these things need to be taken in that knowledge and with caution.

    Companies like PRA do try their luck in court sometimes with such agreements, so could be the start of a journey and not the end.

    However, pleasing news. :)

    I realise it's not unenforceable until either a letter from predator confirming this or a court agrees it not. I've added £11k unenforceable to my signature but, being realistic, have left the debt total at the full balance because I know until either a) or b) occurs it's still payable.

    Of course, I do also realise that even if a) or b) occur it's still owed...but that's a different matter entirely.

    Yes, it's the start of a journey / potential battle, but I feel I've been pointed in the right direction to find the right support, advice, guidance, and challenge (challenge for us as well as the predators - what did we receive, what have they sent us etc. etc.)

    If we win the argument and it's unenforceable then, and only then will our debt total reduce by the outstanding balance of this particular debt.

    Thank you for your support and advice. I would have blindly accepted what was sent to us without it - you are an absolute star.:beer:
    DFW Nerd No. 1484 LBM 07/01/15 Debt was £95k :eek: Now debt free and happy :j
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Yes, I know you know. :)

    To be honest I was writing more for anyone else who might read or follow this thread, now or later.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
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