DMP mutual support thread part 13 !!

jools1985

lulabelle01 wrote: »

I’ll keep my fingers crossed RBS go the same way with me then. I don’t want to have to phone either company so i’ll Play the game and send them what they’ve asked from me and i’ll See where I go from there. Did RBS ask you who else you owed money to and if it was secured to anything?

No they didn't ask anything about my other debts.

BeingDebtFreeStartsHere

January2015 wrote: »

Personally, I would ignore them - if the debt is still with the original creditor.

Is the debt definitely unenforceable, or is it just 'currently' unenforceable? What I mean is, have they sent through the CCA documentation and you've had it confirmed by experts that it is unenforceable, or have they not yet sent through the CCA documentation which makes the debt 'currently' unenforceable until they do send docmentation through? There's a huge difference.

Finally, if the CCA documentation has come through and been confirmed as UE, then when I did this, I took all my advice on how to respond (or not as in my case) through the website that gave me confirmation of UE status. I used the All About Debt website/forum and their advice and guidance was spot on.

Hi January,

Thanks for your advice

The debt is still with the original creditor - Nationwide.

They have added a note on our credit report which states the following:

Please note that this default relates to an agreement which the creditor considers to be unenforceable

Does this mean it is definitely unenforceable?

Many thanks,

BDFSH x

sourcrates

BeingDebtFreeStartsHere wrote: »

Hi January,

Thanks for your advice

The debt is still with the original creditor - Nationwide.

They have added a note on our credit report which states the following:

Please note that this default relates to an agreement which the creditor considers to be unenforceable

Does this mean it is definitely unenforceable?

Many thanks,

BDFSH x

As it says on the tin, completely unenforceable in court.

January2015

BeingDebtFreeStartsHere wrote: »

Hi January,

Thanks for your advice

The debt is still with the original creditor - Nationwide.

They have added a note on our credit report which states the following:

Please note that this default relates to an agreement which the creditor considers to be unenforceable

Does this mean it is definitely unenforceable?

Many thanks,

BDFSH x

It means that NWide definitely believe it is unenforceable. I would not make any further payments - which I know you have already decided will be the case anyway.

Pesonally I would ignore any communication from NWide. I would take timed and dated screen shots of the credit reference files that show that wording and keep the screen shots stored safely for future reference if they are ever need.

I would keep a safe store of all correspondence received from NWide and any DCA they may pass the debt on to. I would decide when, and if, to respond to any letters if the tone changes or threats of court action are seriously mentioned. However, the longer you do not communicate with them the closer you get to the six year limitation act. This gives you a double whammy at the debt being unenforceable. It seems as if it is unenforceable anyway, but just in case they change their mind and remove that statement from the credit files.... you are edging ever closer to the limitation act anyway.

That's what I would do - doesn't mean that's the best or correct advice, but that's my logic for this situation.

Well done on have a nice size debt unenforceable :beer:

BeingDebtFreeStartsHere

sourcrates wrote: »

As it says on the tin, completely unenforceable in court.

January2015 wrote: »

It means that NWide definitely believe it is unenforceable. I would not make any further payments - which I know you have already decided will be the case anyway.

Pesonally I would ignore any communication from NWide. I would take timed and dated screen shots of the credit reference files that show that wording and keep the screen shots stored safely for future reference if they are ever need.

I would keep a safe store of all correspondence received from NWide and any DCA they may pass the debt on to. I would decide when, and if, to respond to any letters if the tone changes or threats of court action are seriously mentioned. However, the longer you do not communicate with them the closer you get to the six year limitation act. This gives you a double whammy at the debt being unenforceable. It seems as if it is unenforceable anyway, but just in case they change their mind and remove that statement from the credit files.... you are edging ever closer to the limitation act anyway.

That's what I would do - doesn't mean that's the best or correct advice, but that's my logic for this situation.

Well done on have a nice size debt unenforceable :beer:

Thank you both so much

Screen shots of the credit file note is a great idea - really appreciate the continued support and advice from this forum :T

Take care,

BDFSH x

[Deleted User]

BeingDebtFreeStartsHere wrote: »

Hi January,

Thanks for your advice

The debt is still with the original creditor - Nationwide.

They have added a note on our credit report which states the following:

Please note that this default relates to an agreement which the creditor considers to be unenforceable

Does this mean it is definitely unenforceable?

Many thanks,
BDFSH x

That's brilliant, to actually have official confirmation in such a way:j. I've never heard of any creditor actually putting that sort of information on a credit report, I wish mine had done it.


Only one of my debts came back as 'currently unenforceable':( as they could not locate any documentation/record of it. I have left that one out of my total debt calculation as I intended to pay nothing towards it and forget it. It drops of my file next year anyway:j. Others I had checked by AAD and another small one is also UE when the creditor who sent the CCA documentation told me otherwise.


This next bit is relevant although it might not appear so at first. I had made a claim to Santander about an old store card that I definitely had PPI on. They've taken over responsibility for a load of GE Money storecards. They obviously did a search of all dealings I'd ever had with them in the search for PPI and actually paid me out on a card I hadn't even claimed for. Not a lot but a godsend to me:j. The cover letter also said that the other complaints (plural) were still being investigated. Complaints? I thought there was just the other storecard outstanding. I phoned them to check which complaints they actually were and was told one was the storecard that I'd applied about initially and the other is my old MBNA credit card debt which was originally a Santander card. I'm totally confused how the Santander card became an MBNA one and that is the one that MBNA told me was unenforceable.



Panic stations now as Santander's opening of this case may have woken a sleeping giant, i.e. MBNA:eek:. I was happy to let that card debt be unenforceable for as long as it takes and pay nothing. Now Santander's PPI team are on the case they may unearth something. Even if I were to be awarded PPI redress on this it wouldn't be anywhere near the amount of the outstanding MBNA credit card debt.


An anxious and not very happy bunny at the moment:mad:. My DMP was going great, creditors were playing nice, I'd saved a good F&F pot to get rid of all my debts very soon and suddenly a whole raft of complications have been happening thick and fast. I mustn't let all this get to me, I make rash decisions when I'm stressed out:o

[Deleted User]

ploppy57 wrote: »

Not been around for ages...all sorts going on, but just stopping by to say hope everyone is ok and all DMP's going well. Just had a F&F accepted by L*well...:T:T Debt was £367 and they accepted £250. Hoping we might get the same sort of discount with some of our bigger ones. W*sc*t never accepted our offers, so we are carrying on with Token payments at the moment. Going to update my diary so as not to fill this thread with all my rubbish.

Definitely not rubbish, Ploppy. Congratulations about the Lowell debt and commiserations about the Wescot one. I for one love your posts, you've helped and inspired me a lot. It's always good to have a 'warts and all' account of how people are doing. We can all try to help each other through the bad bits. That's what we come on here for


Here's to your success in the future:beer:. Take care of yourself and keep posting:kisses3:

[Deleted User]

I seem to be really cluttering up the thread this morning, apologies:o

Just want to say that amongst all the doom and gloom that has taken over my life recently (even the weather, it's really foggy this morning:eek:) I've something optimistic to report:j


I finally got my F&F offers worked out and posted 3 letters off to creditors yesterday:j. I know there wasn't a postal collection being Sunday but the very act of walking down to the postbox and getting them in the box before I changed my mind was a major step forward for me. Procrastination is my middle name by the way;)


The offers were low but maybe just about acceptable so I now just need to play the waiting game, another thing I'm bad at:o

January2015

carbootcrazy wrote: »

This next bit is relevant although it might not appear so at first. I had made a claim to Santander about an old store card that I definitely had PPI on. They've taken over responsibility for a load of GE Money storecards. They obviously did a search of all dealings I'd ever had with them in the search for PPI and actually paid me out on a card I hadn't even claimed for. Not a lot but a godsend to me:j. The cover letter also said that the other complaints (plural) were still being investigated. Complaints? I thought there was just the other storecard outstanding. I phoned them to check which complaints they actually were and was told one was the storecard that I'd applied about initially and the other is my old MBNA credit card debt which was originally a Santander card. I'm totally confused how the Santander card became an MBNA one and that is the one that MBNA told me was unenforceable.



Panic stations now as Santander's opening of this case may have woken a sleeping giant, i.e. MBNA:eek:. I was happy to let that card debt be unenforceable for as long as it takes and pay nothing. Now Santander's PPI team are on the case they may unearth something. Even if I were to be awarded PPI redress on this it wouldn't be anywhere near the amount of the outstanding MBNA credit card debt.


An anxious and not very happy bunny at the moment:mad:. My DMP was going great, creditors were playing nice, I'd saved a good F&F pot to get rid of all my debts very soon and suddenly a whole raft of complications have been happening thick and fast. I mustn't let all this get to me, I make rash decisions when I'm stressed out:o

Don't panic. How old was your MBNA/Santander account?

Our one UE account was an MBNA card that was originally Abbey National (who went on to become Santander).

You still have a good chance of your MBNA remaining UE - just keep positive and believe that it is UE. Think positive and continue to assume that debt is not included in your outstanding balance owed to all your creditors. Continue to plan ahead with your F&Fs etc as you are now.

Deal with any change to the UE situation when, AND IF, it comes about. Until then... UE is UE and we love it :T

Fingers crossed your F&Fs get accepted. None of ours were but then I did go in at a lowly 20% start. The lowest counter offer we had was 50% which I'm not prepared to take yet.... so will give it several more months of token payments and see if they can't be tempted to rethink after that :T

System

carbootcrazy wrote: »

Definitely not rubbish, Ploppy. Congratulations about the Lowell debt and commiserations about the Wescot one. I for one love your posts, you've helped and inspired me a lot. It's always good to have a 'warts and all' account of how people are doing. We can all try to help each other through the bad bits. That's what we come on here for


Here's to your success in the future:beer:. Take care of yourself and keep posting:kisses3:

If you saw what has happened in our life this last week or so that I put on my diary, you would agree it doesn't need to be on here clogging up an important thread!! Thanks for saying I inspire you, but you have done so much better than us. We still owe loads!