Unenforceable CCA

sourcrates · 6 February 2018 at 9:25PM

If the default has dropped off your file, nothing can bring it back.

They cant do anything except spout hot air.

I would excercise caution for now though, as when debts are sold, no paperwork changes hands, they always have to go back to the original creditor to satisfy a CCA request.

You can with hold payment until the OC contacts you, as its entirly possible they may still have paperwork, wait until they confirm if they have it or not.

catflap11 · 7 February 2018 at 9:41AM

sourcrates wrote: »

If the default has dropped off your file, nothing can bring it back.

They cant do anything except spout hot air.

I would excercise caution for now though, as when debts are sold, no paperwork changes hands, they always have to go back to the original creditor to satisfy a CCA request.

You can with hold payment until the OC contacts you, as its entirly possible they may still have paperwork, wait until they confirm if they have it or not.

Thanks, I have gone back to them with a low ball F&F offer letter using the template. if they reject it or find the paperwork then I can negotiate with them at that point.

jcorbygas · 7 February 2018 at 12:24PM

Dont want to put a downer on this but we had 2 debts with Idem from MBNA.
I requested CCA in mid June - they wrote end of June saying cant supply at present etc but at the end of November they wrote again with a copy of the actual signed by me application form and terms and conditions and the same with the other debt.

I wrote and advised that I would be paying them a token amount on each one which is nowhere as much as I was paying for 6 years via Stepchange and I hope that I can offer full and finals in a couple of years time.

January2015 · 7 February 2018 at 12:47PM

jcorbygas wrote: »

Dont want to put a downer on this but we had 2 debts with Idem from MBNA.
I requested CCA in mid June - they wrote end of June saying cant supply at present etc but at the end of November they wrote again with a copy of the actual signed by me application form and terms and conditions and the same with the other debt.

I wrote and advised that I would be paying them a token amount on each one which is nowhere as much as I was paying for 6 years via Stepchange and I hope that I can offer full and finals in a couple of years time.

Don't believe that because they sent you a CCA and signed application form that it is enforceable. We had a £12k MBNA debt and they supplied everything, including every statement, the actual applciation form we signed... the lot. However, after having the documentation checked in was 100% UNENFORCEABLE :j

Theses vultures rely on the probability that consumers will just think, oh goodness they had the paperwork, that means it's enforceable. Sometimes it's the T&Cs that make it unenforceable. In our case it was a term on the application form we signed which was never made available to us at the time of signing (or something like that). I would never had known if I hadn't taken advice

catflap11 · 7 February 2018 at 1:03PM

Thanks all, that's why I thought id get in now with a F&F offer, on the chance they find something in the future.

catflap11 · 7 February 2018 at 1:09PM

January2015 wrote: »

Don't believe that because they sent you a CCA and signed application form that it is enforceable. We had a £12k MBNA debt and they supplied everything, including every statement, the actual applciation form we signed... the lot. However, after having the documentation checked in was 100% UNENFORCEABLE :j

Theses vultures rely on the probability that consumers will just think, oh goodness they had the paperwork, that means it's enforceable. Sometimes it's the T&Cs that make it unenforceable. In our case it was a term on the application form we signed which was never made available to us at the time of signing (or something like that). I would never had known if I hadn't taken advice

Thanks for that, as a matter of interest who did you get to check the T&Cs?

January2015 · 7 February 2018 at 1:27PM

catflap11 wrote: »

Thanks for that, as a matter of interest who did you get to check the T&Cs?

I joined another site called All about debt. They have expert knowledge in this area, but also run my documentation past the solicitor they retain. No cost to me for her just to look at and come back with UE

catflap11 · 7 February 2018 at 1:30PM

Brilliant thank you!

[Deleted User] · 7 February 2018 at 2:51PM

Idem took me all the way to court and it came to the final hearing and they asked for Tomlin orders and all sorts and I continued to ask for proof the debt was mine and at the last minute they halted proceedings because they couldn't offer proof.

The letter said they ' reserve the right' to continue court action if the proof turns up but given it was going through the courts for 9 months and the debt was apparently signed for 16yrs ago its unlikely.

I have asked Step change what I should do about stopping the payments to them and have yet to hear.

catflap11 · 7 February 2018 at 3:08PM

BBH123 wrote: »

Idem took me all the way to court and it came to the final hearing and they asked for Tomlin orders and all sorts and I continued to ask for proof the debt was mine and at the last minute they halted proceedings because they couldn't offer proof.

The letter said they ' reserve the right' to continue court action if the proof turns up but given it was going through the courts for 9 months and the debt was apparently signed for 16yrs ago its unlikely.

I have asked Step change what I should do about stopping the payments to them and have yet to hear.

Thanks for that, to be honest, if IDEM do produce a valid CCA I will just come to an agreement with them for repayment and look to negotiate a settlement at a later date. As a matter of interest, roughly how much would IDEM have paid for the debt? (i've heard it can be as low as 30p in the pound).

Unenforceable CCA

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