Unenforceability General Questions & Answers

[PlanB]

Re: Unenforceability General Questions & Answers

[QUOTE=Spent2much;207536]can a creditor take court action such as sending SD or applying for a charge on your home if you have sent them CCA requests ?[/QUOTE]

A creditor can't obtain a CCJ if they are in default of your CCA request. A creditor can't apply for a charge on your home until they've already succeeding in getting a CCJ first.

But I believe they can both [B]issue[/B] proceedings in the county court and/or send you a SD while in default of s.78 but it would be pointless if they can't get the judgment. Neverthless a lot of them do this as scare tactics in the hope that the debtor won't know that and pay up while feeling the pressure :mad :mad :mad

[PlanB]

Re: Unenforceability General Questions & Answers

Perhaps I should add to that a creditor can comply with your s.78 CCA request (i.e. take it out of default) at [B]any time up until the court[/B] hearing which could take a year to travel through the sluggish legal process after a summons has been issued :yeayea

The aim of AAD is to prevent proceedings being issued in the first place with formidable Template Letters which ram home the fact that the creditors haven't complied :naughty

It's for this very reason that Niddy scrutinizes the paperwork sent back to you by the creditors because what [B]they[/B] say is a CCA is not always the case :loser A lot will send rubbish just to fob you off. The Template Letters make it clear to them that they're wrong. It works too :clap :clap :clap

[Spent2much]

Re: Unenforceability General Questions & Answers

[QUOTE=Never-In-Doubt;207578]Not if they're in default of your request, no. However those that try it soon get swatted away when we get Paul on the case. :beer[/QUOTE]

its a shame i never knew about this site back in 2008 onwards because 1st credit did just that they had my request for a CCA and even a SAR request and they still went for SD route , makes me so angry because they caused me a lot of anxiety and stress at the time , at the same time eversheds went and got a charge on the house they applied for the ccj/charge and were granted it , so that added to the stress :smiley-violent069:1st credit

[Spent2much]

Re: Unenforceability General Questions & Answers

[QUOTE=PlanB;207594]Perhaps I should add to that a creditor can comply with your s.78 CCA request (i.e. take it out of default) at [B]any time up until the court[/B] hearing which could take a year to travel through the sluggish legal process after a summons has been issued :yeayea

The aim of AAD is to prevent proceedings being issued in the first place with formidable Template Letters which ram home the fact that the creditors haven't complied :naughty

It's for this very reason that Niddy scrutinizes the paperwork sent back to you by the creditors because what [B]they[/B] say is a CCA is not always the case :loser A lot will send rubbish just to fob you off. The Template Letters make it clear to them that they're wrong. It works too :clap :clap :clap[/QUOTE]

I admit at first i was scared about going down the UE route but after reading this forum its given me a different opinon and i feel a kind of excitement about it now , i was scared to stop payments to the creditors but then i cancelled the payments to my dmp to all but 3 creiditors and will be sending all the CCA requests off on Monday when we have some money , we around 8 overdrafts so not sure what the outcome of those will be . But one step at a time and i feel very confident about this with the help that is here from yourself niddy and the rest .:luck

[PlanB]

Re: Unenforceability General Questions & Answers

Well I have 23 creditors so one more than you, and my unsecured borrowing was about £150k :ohno A year later £80k has been admitted unenforceable by the creditors, and the other £70k is UE but I'm just waiting for them to admit it. They know though but just having trouble putting it in writing :groan Neverthless I have not had a peep out of any of them since October last year. Long may it last :luck

There was one blip when I got a court summons (before I joined AAD) but that CCA was UE and Paul's firm tore them to shreds in court and they had to pay his £50k legal bill :1st

[Spent2much]

Re: Unenforceability General Questions & Answers

[QUOTE=PlanB;207612]Well I have 23 creditors so one more than you, and my unsecured borrowing was about £150k :ohno A year later £80k has been admitted unenforceable by the creditors, and the other £70k is UE but I'm just waiting for them to admit it. They know though but just having trouble putting it in writing :groan Neverthless I have not had a peep out of any of them since October last year. Long may it last :luck

There was one blip when I got a court summons (before I joined AAD) but that CCA was UE and Paul's firm tore them to shreds in court and they had to pay his £50k legal bill :1st[/QUOTE]


thats brilliant hope all mine are the same, is there anything i can do about getting the charge off the house or is that final now ?

[DaisyBell]

Re: Unenforceability General Questions & Answers

If a DCA admits that the original card issuer is unable to provide a copy of the agreement what then? Will they still try to pursue the debt, or is it more likely they will just sell the debt on to some other unsuspecting DCA?

[Never-In-Doubt]

Re: Unenforceability General Questions & Answers

[QUOTE=DaisyBell;209438]If a DCA admits that the original card issuer is unable to provide a copy of the agreement what then? Will they still try to pursue the debt, or is it more likely they will just sell the debt on to some other unsuspecting DCA?[/QUOTE] They cannot pursue it can they? s.127 kicks in and prohibits any enforcement without successfully providing the relevant PT's etc...

So [B]no[/B], they are likely to hassle you but they CANNOT take you to court or enforce it via ccj etc.

[sammieejai]

Re: Unenforceability General Questions & Answers

Good Morning,

I have two old loans that I'm currently still paying off, one with Hsbc taken out in 2004 (which is now with a debt management plan with payplan) and one with Welcome Finance taken out in 2006 (also in a management plan with payplan) I've been in this debtmanagement plan now since 2008 and have paid out over *£6000, my original loans where £2500 hsbc and £2000 welcome, I do have other small things on myplan such as a mmobile phone contract and payday loan (where they sent me double amount I asked for ) I still have over £4500 left to pay on my payplan plan I guess I'be just about paid interest?? Is like to find out how I can contact all of my creditors which are all debt collection agency's and find out if it's all enforceable as I've paid back what I owed almost between them and I'm sooo fed up with the amount reducing so little. Since I started my plan I've had to reduce payments to the minimum of £100 month which is proving too hard now as I'm a mother of 3 boys all aged 4 and under with one special needs so I need to be at home as I'm his carer.
Id be grateful for some direction so I can try to reduce payments with dealing directly as payplans minimum payment for the plan is £100 and that's not doable any more... I'm tired of struggling and I'd Luke to know how I can check if any of my loans are unenforceable.

Thanks for reading,I look forward to speaking to you.

[Pixie]

Re: Unenforceability General Questions & Answers

Hi sammieejai.

We get quite a few people coming here after paying into a DMP for sometime and realising that the debt isn't reducing.

The first thing I would do is cancel your dmp and stop paying them. I know it's scary but we're here to support you. your main priority is your three little boys.

Judging from the date of your loans, they may well be unenforceable so I would be sending a cca request to them [URL="http://www.all-about-debt.co.uk/index.php/template-letters/unenforceability/s1-starting-out/112-cca-requests"]CCA Request - allaboutDEBT UK[/URL] and email your agreements to Niddy when you receive them. Don't edit any details out of the agreements as only Niddy will see them and he needs to see the complete document to check if it's UE. Remember to enclose a £1 PO for each cca request, sign the letters digitally (ie using a "handwriting" font) and send recorded delivery.

Start a UE diary with one post for each debt set out like this:

[LIST][*][FONT=Verdana][SIZE=2][B]Type of account[/B] (credit card/loan)

[/SIZE][/FONT][*][FONT=Verdana][SIZE=2][B]Date commenced[/B] (ideally before Apr 2007)

[/SIZE][/FONT][*][FONT=Verdana][SIZE=2][B]Approx balance[/B]

[/SIZE][/FONT][*][FONT=Verdana][SIZE=2][B]Date last paid[/B] (approximate date you last made a FULL payment)

[/SIZE][/FONT][*][FONT=Verdana][SIZE=2][B]Are you on arrangement or not paying[/B]

[/SIZE][/FONT][*][FONT=Verdana][SIZE=2][B]Status[/B] (default/in arrears/up-to-date)

[/SIZE][/FONT][*][FONT=Verdana][SIZE=2][B]Account owner[/B] (who is writing to you, a DCA or the lender)[/SIZE][/FONT][/LIST]
[SIZE=2][FONT=Verdana]Payday loans and mobile phone contract debts aren't covered by UE but I would still list them in your diary as it [SIZE=2]helps to gi[SIZE=2]ve us an overall picture.[/SIZE][/SIZE][/FONT][/SIZE]


[SIZE=2][FONT=Verdana][SIZE=2][SIZE=2][SIZE=2]Have a read through the Unenforceabi[SIZE=2]lity Diaries [SIZE=2]section of the forum [/SIZE][/SIZE][/SIZE][/SIZE][/SIZE][/FONT][/SIZE]http://forums.all-about-debt.co.uk/showthread.php?t=5


I'll have a check through and see if I can find some users who were previously on a DMP so that you can read their diaries.

Any more questions, just ask [IMG]http://forums.all-about-debt.co.uk/images/smilies/Standard%20Smileys/smile.png[/IMG]

[The Tech Clerk]

Re: Unenforceability General Questions & Answers

Me I would add up all the figures in a DMP and stick to your guns that figure goes against the debt alledged, a DMP company who do not reduce actual debt is committing fraud in my mind.

[Pixie]

Re: Unenforceability General Questions & Answers

Just had a quick look at the diaries of those who have gone down the UE route after being on a DMP

Pip - [URL="http://forums.all-about-debt.co.uk/showthread.php?t=4259"]Pip's UE Diary - allaboutFORUMS[/URL]
Lovemoney - [URL="http://forums.all-about-debt.co.uk/showthread.php?t=4781"]Lovemoney UE Diary - allaboutFORUMS[/URL]
Jon1965 - [URL="http://forums.all-about-debt.co.uk/showthread.php?t=5126"]Jon1965's Diary - allaboutFORUMS[/URL]
Spent2much - [URL="http://forums.all-about-debt.co.uk/showthread.php?t=6600"]spent2much UE diary - allaboutFORUMS[/URL]
SaltnVinegar - [URL="http://forums.all-about-debt.co.uk/showthread.php?t=6754"]The SaltnVinegar UE Diary - allaboutFORUMS[/URL]
Mehim - [URL="http://forums.all-about-debt.co.uk/showthread.php?t=4694"]mehim's UE Diary - allaboutFORUMS[/URL]
pooksthebear - [URL="http://forums.all-about-debt.co.uk/showthread.php?t=3434"]Pookies UE Diary - allaboutFORUMS[/URL]
angelsoxx - [URL="http://forums.all-about-debt.co.uk/showthread.php?t=5146"]Angelsoxx's UE diary - allaboutFORUMS[/URL]
Stressedoutmum - [URL="http://forums.all-about-debt.co.uk/showthread.php?t=9007"]Stressedoutmum's UE diary - allaboutFORUMS[/URL]
missy - [URL="http://forums.all-about-debt.co.uk/showthread.php?t=7095"]Missy's Diary - allaboutFORUMS[/URL]

These diaries are all on the first page of the UE diary section if you want to have a read. There are probably loads more. I know of one mod (MrsD) that was on a DMP prior to going for UE - [url="http://forums.all-about-debt.co.uk/showthread.php?t=22"]The Dopeys' UE Diary - allaboutFORUMS[/url]

I'm sure that, if you ask any of these members if they regret going for UE, they will answer No.

[sammieejai]

Re: Unenforceability General Questions & Answers

Thank you for your replies, I'm gonna get on the laptop when boys go to bed and have a good look through. Are there templates for the CCA request or could anyone here help me with what I need to write I've not got a clue where to start.

Sam :)

[Pixie]

Re: Unenforceability General Questions & Answers

[QUOTE=sammieejai;302621]Thank you for your replies, I'm gonna get on the laptop when boys go to bed and have a good look through. Are there templates for the CCA request or could anyone here help me with what I need to write I've not got a clue where to start.

Sam :)[/QUOTE]

I gave the link in post #40 but here it is again [url="http://www.all-about-debt.co.uk/index.php/template-letters/unenforceability/s1-starting-out/112-cca-requests"]CCA Request - allaboutDEBT UK[/url]

[IF]

Re: Unenforceability General Questions & Answers

As Pixie says.......click on this link [B]-- > [URL="http://www.all-about-debt.co.uk/index.php/template-letters/unenforceability/s1-starting-out/112-cca-requests"]CCA Request - allaboutDEBT UK[/URL][/B] :beer

IF...x