Re-Adding Defaults

catflap11

Hi All

Long story short, I got into some difficulty 10 years ago and entered a DMP, my credit card was defaulted and this default dropped off after 6 years. I continued to pay the debt until earlier this year when i submitted a CCA and it was confirmed the debt was unenforceable. My questions are:
*Can IDEM (who hold the debt) add on another default as I have now stopped paying the UE debt?
*If IDEM sell this UE debt to another firm can the new firm default this?

Thanks in advance

Willing2Learn

The debt is not statute barred as you have been continuously repaying the debt until earlier this year. If you don't pay the balance, then your creditor has the option of going for legal enforcement.

And no, you cannot be defaulted again for the same debt

catflap11

Thanks but my understanding (and stated in the letter confirming the debt was unenforceable) was that it cannot be legally enforced if no CCA can be produced or have I misunderstood?

Willing2Learn

No, you are correct. If they have 'lost' the CCA then the debt would become unenforceable.

Just_Di

catflap11 wrote: »

my understanding (and stated in the letter confirming the debt was unenforceable) was that it cannot be legally enforced if no CCA can be produced

If a compliant credit agreement or reconstituted credit agreement is not produced then the debt would be unenforceable in court until or unless it is produced.

If a credit agreement is irredeemably unenforceable (i.e. a credit agreement is produced but it’s legally flawed with no remedy available to the debt owner) then the debt is unenforceable in court.

However I should add that only a Judge can rule a debt unenforceable and sometimes that takes a lot of persuasion

Did your letter from IDEM say whether they had been told by the original creditor (MBNA?) that no credit agreement would be available ever?

Di

sourcrates

catflap11 wrote: »

Hi All

Long story short, I got into some difficulty 10 years ago and entered a DMP, my credit card was defaulted and this default dropped off after 6 years. I continued to pay the debt until earlier this year when i submitted a CCA and it was confirmed the debt was unenforceable. My questions are:
*Can IDEM (who hold the debt) add on another default as I have now stopped paying the UE debt?
*If IDEM sell this UE debt to another firm can the new firm default this?

Thanks in advance

Account can only default once.


Re the agreement, The issue you may have is having to go through this numerous times with different collector's as they usually drop accounts like a hot stone when no agreement can be provided.

catflap11

Just_Di wrote: »

If a compliant credit agreement or reconstituted credit agreement is not produced then the debt would be unenforceable in court until or unless it is produced.

If a credit agreement is irredeemably unenforceable (i.e. a credit agreement is produced but it’s legally flawed with no remedy available to the debt owner) then the debt is unenforceable in court.

However I should add that only a Judge can rule a debt unenforceable and sometimes that takes a lot of persuasion

Did your letter from IDEM say whether they had been told by the original creditor (MBNA?) that no credit agreement would be available ever?

Di

Hi thanks for that, yes IDEM finally confirmed that MBNA were unable to provide it and this was the final response

Just_Di

catflap11 wrote: »

IDEM finally confirmed that MBNA were unable to provide it and this was the final response

Happy Days

Di