Unenforceable CCA

[Deleted User]

Would it be worth reducing the amount you pay to £1 a month on the basis that it is unenforceable and by offering a token payment it is not to be seen as liability that you owe the debt and then come to an agreement later if proof is found.


Yes they only pay pennies in the pound so take the risk that even if a few are enforceable they'll get their return.

January2015

catflap11 wrote: »

As a matter of interest, roughly how much would IDEM have paid for the debt? (i've heard it can be as low as 30p in the pound).

Debts are 'apparently' sold for peanuts, but debtors never know the actual (or even approximate) figure their debt is sold for. The general consensus seems to be as low as 10p in the £ through to 20p in the £. It won't matter what they bought it for though, it will be what they believe they can get from you up to the full outstanding value

catflap11

Hi all, thought I'd give a follow up.

IDEM have come back to me with details of one of the cards and supplied me with a signature page from the application in 2000 and a sheet of terms and conditions. They have said that they have fulfilled their obligations and the debt is now enforceable.

Where can I check to see if the information provided has the prescribed terms and conditions? is there a definitive list of what should be enclosed to make it enforceable/unenforceable?

thanks

fatbelly

See January's post#18

January2015

catflap11 wrote: »

Hi all, thought I'd give a follow up.

IDEM have come back to me with details of one of the cards and supplied me with a signature page from the application in 2000 and a sheet of terms and conditions. They have said that they have fulfilled their obligations and the debt is now enforceable.

Where can I check to see if the information provided has the prescribed terms and conditions? is there a definitive list of what should be enclosed to make it enforceable/unenforceable?

thanks

fatbelly wrote: »

See January's post#18

Please do not assume that just because they have supplied documentation that it will be enforceable.

PRA / MBNA supplied me with absolutely everything and it looked enforceable to me. By that, I mean they supplied a copy of the signed application form, the T&Cs, copies of every transaction covering the whole period of the account (and that was at least 15 years). The amount of paperwork they sent us was huge. I honestly thought we were out of luck and it would be enforceable - well why wouldn't it - they even had a copy of my husband's signature on the application form for goodness sake.

I was advised to visit All About Debt and ask the enforceability question on their. After following their advice and them taking a look at the application form and T&Cs - it was an immeidate and resounding UNENFORCEABLE :j

They explained why to me. Not every case for unenforceability is the same, but needless to say that once they explained it to me, it was obvious why this particular debt was unenforceable.

I never looked back. I did end up settling the account, but that was because it was my choice to have this dealt with and cleared on our credit report. I could have chosen not to pay it at all. I settled £12k for £1.2k and couldn't be happier with that result.

catflap11

Many thanks, I have spoken to All About Debt and they are looking at my agreement as we speak!

From a layman's point of view however, despite them providing me with a copy of my original signed agreement, it does not contain any information in respect of the rate or the credit limit which I understand to be prescribed wording.

I shall keep you updated

catflap11

Hi all, it's been a little while since I posted but I needed a little more advice. In short IDEM wrote to me a while ago confirming mbna couldn't provide a copy of the agreement and therefore the debt is unenforceable. Following this I stopped making payments, as expected I have had a few letter from idem chasing me, however today I have had a letter from them stating that if I don't get in touch they will send round resolvecall to discuss the debt.

Should I forward copies of their letters stating that they cannot enforce the debt or just ignore it and any subsequent visit I may have? I can easily prove that idem have confirmed its unenforceable. Any guidance would be appreciated.

sourcrates

catflap11 wrote: »

Hi all, it's been a little while since I posted but I needed a little more advice. In short IDEM wrote to me a while ago confirming mbna couldn't provide a copy of the agreement and therefore the debt is unenforceable. Following this I stopped making payments, as expected I have had a few letter from idem chasing me, however today I have had a letter from them stating that if I don't get in touch they will send round resolvecall to discuss the debt.

Should I forward copies of their letters stating that they cannot enforce the debt or just ignore it and any subsequent visit I may have? I can easily prove that idem have confirmed its unenforceable. Any guidance would be appreciated.

Self employed collection agents, that`s what resolve-call use, just ordinary ladies and gents like you and me, they only get paid by results you see, if they get money out of you, they get paid a commission, and can be quite persuasive because of this.

You do not really want to be dealing with such people at all, so a letter in the post stating that as they failed to provide the necessary paperwork for your section 77/79 request, the debt, as they have confirmed, is unenforceable, and you will not be paying it.


Under new GDPR legislation, you can consent to how you are contacted, and you give consent to be contacted in writing only, doorstep collection agents will not be entertained, and, if you are called on, will result in an official complaint under data protection laws.

Debt_suvivor

Let’s just clarify. If a credit agreement cannot be supplied at all if it’s a financial product that’s it, not enforceable. If they get their mits on it it’s game on! Payments and acknowledgment of the debt reset the enforcement clock

catflap11

Hi all, a bit of an update since my last post, I sent the letter back to idem and they dealt with it as a formal complaint and did not uphold it saying " we can continue collections activities as we see fit". Roll on this week and I get a phone call, letter and doorstep visit from resolvecall. I refused to speak to the doorstep visitor and they put a note through my door.

I have subsequently written back to idem and said that until they provide the necessary proof of the debt I will not be paying and also stated that as they disregarded my request for correspondence in writing only that I have reported them to trading standards and the FOS.

They really are thick as two short planks as they have confirmed in their own letters that the debt is unenforceable! Any suggestions on what else I can do or is it a case of sitting tight?

Thanks