Unenforceable Debt

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Ben75
Ben75 Posts: 59 Forumite
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I have two old debts with a lender, one of which has been acknowledged to me as unenforceable, the other is an overdraft so presumably is. Neither are statue barred - last payments were in 2016. A debt collector has written to me on their behalf asking for payment, but has combined the two debts into a single amount under a single reference number. I am not sure how to respond (other than writing only of course). Any suggestions? My main thought was just to ignore it as it doesn't make specific reference to an account

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  • fatbelly
    fatbelly Posts: 20,504 Forumite
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    You can't just presume an overdraft is unenforceable. Why would that be the case?

    If the lender has confirmed to you in writing that the loan is unenforceable, then it is not fair to combine the two accounts.

    However, as this is all under a new reference that you do not recognise, and you are just making guesses about what this is, a prove-it is the way forward

    https://forums.moneysavingexpert.com/showthread.php?t=2607247
  • sourcrates
    sourcrates Posts: 28,888 Ambassador
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    Catalogue companies were known to do this in the past, a customer had two accounts, maybe with a different a lender, but within the same group, one enforceable, the other maybe not, they would combine the two, then sell on to companies such as Lowell/Cabot etc.


    As time passes, the accounts origin becomes more murky, and the debtor did not always know how to challenge this with the debt collectors.
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  • fatbelly
    fatbelly Posts: 20,504 Forumite
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    Yes, it's bad practice.

    Lloyds often do this with a loan/overdraft combi.
  • Ben75
    Ben75 Posts: 59 Forumite
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    Sorry, meant to say I think the overdraft is enforceable. I will send the proveit and see if that gets them to give the proper account information.


    The unenforceable debt is a lot larger than the other one, which is why I think they are trying to hoodwink me with this approach,
  • Ben75
    Ben75 Posts: 59 Forumite
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    Out of interest, does combining the debts into a single account have any legal legitimacy?
  • BadDebtor
    BadDebtor Posts: 153 Forumite
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    Ben75 wrote: »
    I have two old debts with a lender, one of which has been acknowledged to me as unenforceable, the other is an overdraft so presumably is. Neither are statue barred - last payments were in 2016. A debt collector has written to me on their behalf asking for payment, but has combined the two debts into a single amount under a single reference number. I am not sure how to respond (other than writing only of course). Any suggestions? My main thought was just to ignore it as it doesn't make specific reference to an account

    First question is why is the debt unenforceable?

    Was it not valid in the first place or do you have some canny trick?

    2016 is only two years ago so can't be off statute as your payments acknowledged the debt

    I can't see how an overdraft can be unenforceable if it was yours.

    I think might be too early for any kind of response, seems that they are just fishing for a response atm
  • fatbelly
    fatbelly Posts: 20,504 Forumite
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    see post #5 - the overdraft is enforceable
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