Unenforceable Question

Dmptogo

Morning,
Have been with Payplan for over 15 years.
Dececided to do my own DMP as per previous thread.
11 creditors 5 came back as Enforceable so carried on paying them after CCA requests.
One of the other 6 ,Cabot with the original creditor being Northern Rock and debt standing at approx £11500 are sending letters and text messages asking me to get in touch.

What should I do my anxiety is sky high at the moment beginning to wonder that I should have just carried on with Payplan.

RAS

What sort of debt did you have with Northern Rock?

sourcrates

Yep, Cabot are perfectly well within their rights to ask you to pay the debt, collection activity can still continue even on an unenforceable account.

You are aware of sec 77, CCA 1974, subsection (4) which states:

"If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement"

Surely you know how this works, they cannot enforce the agreement against you, all they can do is ask you to pay it, sticks and stones and all that.

I trust you have it in writing that the debt is unenforceable?

Try to quell your anxious thoughts and just ignore them, eventually they will fade away.

Dmptogo

RAS it was an unsecured loan taken out in 2004 defaulted in 2006. 

Sourcrates  thank you  and have standard letter saying they at present have not got the paperwork I requested and that the debt is unenforceable however they still want me to pay?

fatbelly

Tell them you have higher priority debts, i.e. enforceable ones

RAS

The problem with debt in England is that unless paid off (in full, or a partial agreement), it still exists.

There are multiple situations where the creditor can't enforce the debt. But they can legally ask you nicely to pay.

You just need a tougher skin to put up with them contacting you even though there is NOTHING that they can do legally. They didn't use to bother but they know you were compliant until recently, so think you are more likely to give in and cough up. 

Write to them reminding them that the debt is unenforceable, and demand they remove your phone number (and email if they have that that) from their records. It'll take a month or two to work through their systems but eventually they will get fed up of writing, or at least communicate less frequently. 

DjangoUnchained

Block their number, if they call you on a different number hang up and block that number and so on, eventually they will run out of numbers. The more you engage with them the more they will hassle you. 

sourcrates

I was once in a similar situation, a few years ago now, I had a particularly nasty debt collection company chasing a 5k debt from a credit card.

1st Credit rang me twice a day, every day, this particular day I`d had enough, answered the phone to all kinds of abuse and shouting, threatening to come and take my furniture, all kinds of stuff (DCA`s were much more loan sharkish back then).

This guy got through his tirade, and blurted to me, "Well, are you going to pay or not"?

No, I said, "Right then, were going to court he said" Ok, I replied, will I see you there?

At that point he mis-placed his script, and hung up on me, I had a little chuckle to myself, and never answered the phone to a debt collector again.

My point is nowadays collectors must be nice as pie, non of the aggressive collection stuff from years gone by, its all nicey, nicey all affordability these days, so for the sake of saving you 11 grand, you should be able to put up with the odd letter, if collection techniques were the same today as in the early 2000`s, we`d be much busier on this forum for one thing.

Dmptogo

Thank you everyone much appreciated advice .