Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Ben75
    • By Ben75 8th Nov 18, 8:10 AM
    • 52Posts
    • 46Thanks
    Ben75
    Unenforceable Debt
    • #1
    • 8th Nov 18, 8:10 AM
    Unenforceable Debt 8th Nov 18 at 8:10 AM
    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
Page 1
    • fatbelly
    • By fatbelly 8th Nov 18, 8:50 AM
    • 12,975 Posts
    • 10,045 Thanks
    fatbelly
    • #2
    • 8th Nov 18, 8:50 AM
    • #2
    • 8th Nov 18, 8:50 AM
    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
    • By sourcrates 8th Nov 18, 11:04 AM
    • 15,718 Posts
    • 14,783 Thanks
    sourcrates
    • #3
    • 8th Nov 18, 11:04 AM
    • #3
    • 8th Nov 18, 11:04 AM
    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.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • fatbelly
    • By fatbelly 8th Nov 18, 11:11 AM
    • 12,975 Posts
    • 10,045 Thanks
    fatbelly
    • #4
    • 8th Nov 18, 11:11 AM
    • #4
    • 8th Nov 18, 11:11 AM
    Yes, it's bad practice.

    Lloyds often do this with a loan/overdraft combi.
    • Ben75
    • By Ben75 8th Nov 18, 1:01 PM
    • 52 Posts
    • 46 Thanks
    Ben75
    • #5
    • 8th Nov 18, 1:01 PM
    • #5
    • 8th Nov 18, 1:01 PM
    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
    • By Ben75 8th Nov 18, 8:57 PM
    • 52 Posts
    • 46 Thanks
    Ben75
    • #6
    • 8th Nov 18, 8:57 PM
    • #6
    • 8th Nov 18, 8:57 PM
    Out of interest, does combining the debts into a single account have any legal legitimacy?
    • BadDebtor
    • By BadDebtor 9th Nov 18, 10:28 AM
    • 24 Posts
    • 8 Thanks
    BadDebtor
    • #7
    • 9th Nov 18, 10:28 AM
    • #7
    • 9th Nov 18, 10:28 AM
    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
    Originally posted by Ben75
    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
    • By fatbelly 9th Nov 18, 11:37 AM
    • 12,975 Posts
    • 10,045 Thanks
    fatbelly
    • #8
    • 9th Nov 18, 11:37 AM
    • #8
    • 9th Nov 18, 11:37 AM
    see post #5 - the overdraft is enforceable
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

225Posts Today

1,722Users online

Martin's Twitter
  • Watching Theresa May... seriously would anyone in their right mind truly want her job right now!

  • RT @thecheekypostie: @MartinSLewis Thanks to this, I have just skim read it. To those in Scotland - on page 548, Dounreay is mentioned by n?

  • Today's twitter poll: The 585 page draft agreement of the withdrawal of the UK from the EU has been published. A? https://t.co/8YLkPyzqYM

  • Follow Martin