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    • 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
    • 13,231 Posts
    • 10,291 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
    • 16,177 Posts
    • 15,295 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". I have extensive experience of debt, and itís solutions, as well as the collection industry in general.

    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.

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    • fatbelly
    • By fatbelly 8th Nov 18, 11:11 AM
    • 13,231 Posts
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    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
    • 13,231 Posts
    • 10,291 Thanks
    fatbelly
    • #8
    • 9th Nov 18, 11:37 AM
    • #8
    • 9th Nov 18, 11:37 AM
    see post #5 - the overdraft is enforceable
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