Unenforceable Debt

Ben75

I have a loan that I defaulted in 2011. At the time I asked for a CCA, and the lender wrote back and said they were unable to comply with the request and therefore acknowledged the debt was unenforceable. They have not advised since that they are able to produce a reconstituted CCA.


I have now received a letter from them saying as I haven't come to an arrangement they have passed the debt on to Allied International for collection (I think from the language it hasn't been sold on). If I understand correctly, should I choose to, I can just ignore any correspondence and mount a successful defence if they try to take me to court?


I have a separate debt from the same time period with the same lender that is an overdraft that, as far as I am aware, is enforceable. Am I right in thinking I can deal with the two accounts entirely separately?


Thanks in advance,


Ben

D_M_E

Did you keep the original letter?

If so, simply send the agents a copy,

If not then do another CCA to the lender.

Also, you say overdraft - have you got a separate account with another bank which you use for paying in - if not then you shou get one.

The loan and overdraft should be treated as 2 separate accounts but you should note that the lender has the right to raid any and all account(s) you have with them in order to reduce or clear your debts with them - it's written in the T&C's of practically every account.

Ben75

Hi D_M_E


Yes, I kept the original letter. I will forward a copy to Allied International when they write to me.


All my banking is now separate to the institution to whom I the debts.


Ben