Unenforceability General Questions & Answers

[Never-In-Doubt]

Re: Unenforceability General Questions & Answers

Its a lot of upheaval and messing about for a small amount like £3.5k - if it were me i'd not let them utilise RoSO for that - i'd get back up to date with my payments.

Just my view on things.....

[MACO]

Re: Unenforceability General Questions & Answers

Ok thanks Niddy, last question, do you think all this upheavle is likely to cause any probs with my bank further down the road, or do you think they will just forget about it. Thanks again.
Maco

[Locke]

Re: Unenforceability General Questions & Answers

Two general questions here.

Is there an amount that you have to owe before they can attempt court action? For example could they take you if you only owed £50?

The second question is if you were in the UE process and hadn't made a payment for 4 years, would you notify your creditors if you were moving house even if you haven't heard from some creditors in over a year?

[Never-In-Doubt]

Re: Unenforceability General Questions & Answers

[QUOTE=MACO;375582]Ok thanks Niddy, last question, do you think all this upheavle is likely to cause any probs with my bank further down the road, or do you think they will just forget about it. Thanks again.
Maco[/QUOTE] it won't go against you in a few months, no mate.

[Undercover Elsa]

Re: Unenforceability General Questions & Answers

I don't think there is a minimum, but with the fee for Money Claim online being £25, plus other associated costs, it would probably not be economically viable for a DCA to sue for £50.

I personally wouldn't inform any DCA of my change of address in those circumstances, but I would keep redirecting my mail.

[Never-In-Doubt]

Re: Unenforceability General Questions & Answers

[QUOTE=Locke;376380]Two general questions here.

Is there an amount that you have to owe before they can attempt court action? For example could they take you if you only owed £50?

The second question is if you were in the UE process and hadn't made a payment for 4 years, would you notify your creditors if you were moving house even if you haven't heard from some creditors in over a year?[/QUOTE]

1. No minimum
2. Either pay for redirect or just move. Up to you :)

[1NightInIbiza]

Re: Unenforceability General Questions & Answers

What difference does a CCJ make to owing a debt?

For example say a CCJ is awarded on 1st March 2014, and enforcement action is then commenced (and they don't get any payment because the debtor doesn't have a job).

I read somewhere after a year collection activities etc have to stop for good?

I ask because I have a car on hire purchase which will expire in a few years.

At the moment nobody can touch it as it isn't mine, but when the Hire Purchase ends in a few years time, will they suddenly be able to just grab it because of a CCJ? Since the debts wouldn't be statue barred (or would they....)? If they can, I might as well just give it back to the finance company now and stop paying that...

[Never-In-Doubt]

Re: Unenforceability General Questions & Answers

6 years of no contact would mean they'd need to go back to court to try and enforce, think the normal 6 tear SB rule :)

[1NightInIbiza]

Re: Unenforceability General Questions & Answers

Ah ok thanks! Don't know where the 1 year came from! So unless the car becomes a company car, they can just seize it (after the finance is completed) if a bailiff were to arrive at my house one day in 3 years time? :(

[MrsD]

Re: Unenforceability General Questions & Answers

it's not nearly as simple as that.

and there is no way to give a definitive answer about what will happen in three years

do you actually have a CCJ?

[1NightInIbiza]

Re: Unenforceability General Questions & Answers

Oooh ok :)

At the moment no, because I defended the claim, but I was advised I have very little prospect of success (as I thought) - the only hope to me not getting one in the coming days is that the company don't bother/forget to respond/pay the £40 in time etc and it gets thrown out.

A slim possibility, but not holding my breath!

[MrsD]

Re: Unenforceability General Questions & Answers

did we help with the defence, can you tell us the story or link me to it.

really difficult to help with questions in isolation as that tends not to be how all of this works, and we are very fond of maintaining nice pristine paper trail

[1NightInIbiza]

Re: Unenforceability General Questions & Answers

Ah yea, fair enough, I thought it would be a easy yes/no answer haha. If it varies then I understand - especially as others might rely on it at a later date.

It was last minute as I forgot, was nothing special, just contesting whether the account should have actually been opened for someone in my position, and if credit should have continued to be extended - which are fair points but I imagine they'd say I'm responsible for my actions still (and fair enough, I've learnt from it). Haven't been at mine for a while, but I know they had until Monday to make their response or the whole case gets thrown out. Hopefully I go back to some good news!!

[MACO]

Re: Unenforceability General Questions & Answers

Hi, Has anyone (or is it possible) to claim ppi back on any cc they have been deemed unenforceable?

[nightwatch]

Re: Unenforceability General Questions & Answers

Hi Maco it may be better if you start your own thread on this question. normally if it's UE I would let sleeping dogs lie, but others may be of a different opinion and you may get a better reply with your own thread

NW x