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Halifax Problems
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How old are these "unenforceable debts" ?
You can only use the argument you have described if they pre-date April 2007.
After that date any reconstituted version of a credit agreement will suffice for the purposes of a sec 77-79 request.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-letter0 -
sourcrates wrote: »How old are these "unenforceable debts" ?
You can only use the argument you have described if they pre-date April 2007.
After that date any reconstituted version of a credit agreement will suffice for the purposes of a sec 77-79 request.
The credit card agreement Halifax provided is September 2006.
I know its unenforceable due to missing terms and conditions.
The personal loan agreement was dated December 2011.
A solicitor has already told me the personal loan agreement has been improperly executed due to the fact there is wrong address, wrong interest rate, and no signature box being present.
On the personal loan agreement it says "BANK COPY" so its not a recon.0 -
ScaredWitless wrote: »
A solicitor has already told me the personal loan agreement has been improperly executed due to the fact there is wrong address, wrong interest rate, and no signature box being present.
I don't think he is a a real solicitor, as the interest rate IS correct - it's your original rate, not the 0% rate post your default.
This has been discussed on your other virtually identical threads.0 -
ScaredWitless wrote: »The credit card agreement Halifax provided is September 2006.
I know its unenforceable due to missing terms and conditions.
The personal loan agreement was dated December 2011.
A solicitor has already told me the personal loan agreement has been improperly executed due to the fact there is wrong address, wrong interest rate, and no signature box being present.
On the personal loan agreement it says "BANK COPY" so its not a recon.
I knew I seen this before.
Halifax will have relented (And then sold the debt!) if they have an unenforceable debt and they clearly haven't in this case.
You wont get a debt written off for a change in circumstances, frankly.
You keep on asking here for people to tell you that you can walk away from this, because you're not listening to any other advice. Do what you want to do, but stop asking the same question and expecting different results.
Again, if you're sure these debts are unenforceable, write to Halifax stating as such with the evidence.
Say that unless if they contest that evidence that you want no further contact, and if they contest the evidence, then to take it to court where you can show you have no means to pay.
Or, you can fill the I&E, contact Stepchange and they'll tell you to pay £1pm, or go for a DRO.
In debt and looking for help? Look here for the MSE Debt Help Guide.
Also, If you need any free and impartial debt advice, the National Debtline, Stepchange, and the CAB can help.0 -
ScaredWitless wrote: »wrong address
That would have been the address they held for you at the time. If it's incorrect it's because you didn't update this prior to your application.ScaredWitless wrote: »wrong interest rate
Already mentioned above, but this would show the original interest rate of the loan. It's highly unlikely that this would be incorrect.ScaredWitless wrote: »no signature box being present
Couldn't this be because you applied for the loan online?0 -
ScaredWitless wrote: »The credit card agreement Halifax provided is September 2006.
I know its unenforceable due to missing terms and conditions.
The personal loan agreement was dated December 2011.
A solicitor has already told me the personal loan agreement has been improperly executed due to the fact there is wrong address, wrong interest rate, and no signature box being present.
On the personal loan agreement it says "BANK COPY" so its not a recon.
If you're so confident then tell them you'll see them in court.
Good luck with that!0 -
ScaredWitless wrote: »I can't pay if there is no money is there!!
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Money is there though. I assume that you have a joint mortgage with your husband so the house is shared ownership with him? If so then the money is there in the form of equity in your house and if they chose to they could bankrupt you. Your half of the equity then becomes the property of the official receiver and your husband would have to buy the official receivers interest or the official receiver could force a sale.This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
Cut back, buy cheaper food, eat a bit less, get rid of sky, sell some unwanted items to make some repayments even if it's only a fiver a month. You must have something worth vaule after spending 9 grand or so of their money. Why not have a clear out and put some bits on eBay to raise some money to pay them back.
It's people like you that make it harder for us genuine people to get credit. Sure, we all can fall on hard times. I'm in debt now for the first time in my life by £1200 after a big purchase. My only thoughts now are how can I pay this back asap? Change your way of thinking from I can't afford to pay this to how can I afford to pay this back. As others have said your just hiding your head in the sand. Change your mind set and you will find ways to save a few quid a month to repay what you owe. Put a list up of your out goings on the debt free board if you haven't already and people will advise you of how you can reduce your outgoings.
Everything is possible with the right mindset.0 -
Couldn't agree more with David555 about changing your mindset. In September 2016 I started a new thread asking for advice on debt consolidation. I now realise that the advice given to me at the time, even though I DIDN'T AGREE with a few of the comments, it made me think to myself, why would I want to get into even more debt just to buy a few luxuries.
Life throws you curveballs. It always will. My partner was diagnosed with cancer and it meant him taking over a year off work. We had to make decisions accordingly. Yes, we splashed out on some big purchases, probably to cover the impending doom but I still acknowledge that we need to pay our debts back.
I'm grateful for the advice I've received on my own thread and perhaps in about six months time you'll be in a better position financially and you will realise that people are just trying to give you impartial advice.
I wish you the very best of luck.Savings as of April 2023 Savings account - £26460.50(14474.88)Current account - £2140.24(4576.79)Total - £28600.74(19051.67) £1010 (£65pm CS/BS) £250 CS/BS/JS0
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