Unenforceability General Questions & Answers

[Never-In-Doubt]

Re: Unenforceability General Questions & Answers

[QUOTE=hra47;576774]I have been sent a copy of the credit card agreement,either a copy of the original or a reconstituted version - I am not sure which,as credit card co kept referring to my request for a reconstituted version,which obviously I had not requested -[/QUOTE]If you have never sent £1 payment and never done a s.78 request it is invalid.

You should read the UE diaries and learn more about the process. When YOU formally request the agreement then you're protected under the CCA.

[hra47]

[QUOTE=MrsD;n330198]Re: Unenforceability General Questions & Answers

ask away!![/QUOTE]

Have only just realised (doh) the importance of default notices - cca has been adjudged valid,but never recalled receiving a default notice,GDPR revealed no sign of one there,but am loath to inform debt purchaser of this as presume it wouldn't be too hard to knock one up and say here it is,sorry we didn't include it in the GDPR,admin error. Any thoughts please? Thnx in advance

[Roger]

[QUOTE=hra47;n1519098]
Have only just realised (doh) the importance of default notices - cca has been adjudged valid,but never recalled receiving a default notice,GDPR revealed no sign of one there,but am loath to inform debt purchaser of this as presume it wouldn't be too hard to knock one up and say here it is,sorry we didn't include it in the GDPR,admin error. Any thoughts please? Thnx in advance[/QUOTE]

The question is not whether the CCA is adjudged valid BUT whether your request CCA S 77/78 was legally binding. See Niddy's comment

[LEFT][COLOR=#555555][FONT="Noto Sans"][SIZE=13px][QUOTE=Never-In-Doubt;n1357802]Re: Unenforceability General Questions & Answers[/SIZE][/FONT][/COLOR][/LEFT]
[LEFT][COLOR=#555555][FONT="Noto Sans"][SIZE=13px]If you have never sent £1 payment and never done a s.78 request it is invalid.[/SIZE][/FONT][/COLOR][/LEFT]
[LEFT][COLOR=#555555][FONT="Noto Sans"][SIZE=13px]You should read the UE diaries and learn more about the process. When YOU formally request the agreement then you're protected under the CCA.[/QUOTE][/SIZE][/FONT][/COLOR][/LEFT]

If you have started a Diary please indicate where this is, else
It would help if you could perhaps set out in a Diary format the background to this Debt.[LIST][*]Type of account (credit card/loan)[*]Date commenced (ideally before Apr 2007)[*]Approx balance[*]Date last paid (approximate date you last made a FULL payment)[*]Are you on arrangement or not paying[*]Status (default/in arrears/up-to-date)[*]Account owner (who is writing to you, a DCA or the lender)[/LIST]
It isn't really possible to comment or advise without this background information. Have sent a formal CCA request S.77/78 enclosing £1?

[Spud]

This is quite an old thread that you have re-opened......However I totally agree with what Roger has asked/advised..........Without a formal CCA request we are talking about hypothetical situations......

Very quickly, With regard to Default notices.........A creditor would reconstitute one from their system records should one be needed. Without going into too much detail, This can be a very good thing if you have retained the original Default Notice

In the future........Perhaps we should discuss actual situations? ............ Its just a thought ;W

[hra47]

[QUOTE=Roger;n1519102]

The question is not whether the CCA is adjudged valid BUT whether your request CCA S 77/78 was legally binding. See Niddy's comment

[LEFT][COLOR=#555555][FONT="Noto Sans"][SIZE=13px][/SIZE][/FONT][/COLOR][/LEFT]

If you have started a Diary please indicate where this is, else
It would help if you could perhaps set out in a Diary format the background to this Debt.[LIST][*]Type of account (credit card/loan)[*]Date commenced (ideally before Apr 2007)[*]Approx balance[*]Date last paid (approximate date you last made a FULL payment)[*]Are you on arrangement or not paying[*]Status (default/in arrears/up-to-date)[*]Account owner (who is writing to you, a DCA or the lender)[/LIST]
It isn't really possible to comment or advise without this background information. Have sent a formal CCA request S.77/78 enclosing £1?
[/QUOTE]

Thank you for reply Roger - there is a saga behind this so not overly easy to format , but what worries me is that debt purchasers must love this site - even blanking out names etc it can't be rocket science to work out which debtor is writing what,and we are laying out our hopes and fears for them to work out how to play things from their end to their best advantage.

[Roger]

[QUOTE=hra47;n1519132]
Thank you for reply Roger - there is a saga behind this so not overly easy to format , but what worries me is that debt purchasers must love this site - even blanking out names etc it can't be rocket science to work out which debtor is writing what,and we are laying out our hopes and fears for them to work out how to play things from their end to their best advantage.[/QUOTE]

My own experience is the exact opposite to your opinion.
Debts are sold to a clutch of different DCA's in batches thousands at a time! Wouldn't have thought DCA's could afford to waste time trawling through the various Forums to determine individual Cases. The opposite is likely to be the Case, especially where they have been beaten in the Courts.

The Diary approach helps you take control of your debts.
But it also enables comparisons to be made with Ours similar Diaries.
You will be aware that no two Cases are the same and what matters is the current legal status and practices. Sic the determinate of when the Statute Barred is deemed to have been started! Assignment issues as well as various CCA documents. Its a complex subject and in many cases requires forensic deep examination. The Significant changes with Letter Of Claim , GDPR. There are dangers to advising on generalised points without knowing basic details about its past. Hence the Diary format

[hra47]

Thanks again Roger,I'll try to get on top of the paranoia,and put it down as a diary - with help from this site and two other similar ones,I have knocked out 3 out of 4 debts,and it would be nice to get a full house. Your advice is appreciated and I'll get the detail you suggest onto a diary.

[hra47]

[QUOTE=Roger;n1519134]

My own experience is the exact opposite to your opinion.
Debts are sold to a clutch of different DCA's in batches thousands at a time! Wouldn't have thought DCA's could afford to waste time trawling through the various Forums to determine individual Cases. The opposite is likely to be the Case, especially where they have been beaten in the Courts.

The Diary approach helps you take control of your debts.
But it also enables comparisons to be made with Ours similar Diaries.
You will be aware that no two Cases are the same and what matters is the current legal status and practices. Sic the determinate of when the Statute Barred is deemed to have been started! Assignment issues as well as various CCA documents. Its a complex subject and in many cases requires forensic deep examination. The Significant changes with Letter Of Claim , GDPR. There are dangers to advising on generalised points without knowing basic details about its past. Hence the Diary format
[/QUOTE]

I've tried to put this up under heading enforceable/unenforceable? - but am hopeless with computers so am not sure if it's in the right place - but if you have time,would be grateful to see what you think - thnx anyway.

[Roger]

Have commented in your Diary posting!

[BigAl1968]

Hi All.
I have just done my diary and emailed my 4 cca"s to be looked at, on a side note 2 of the accounts are with the halifax and when they defaulted them back in 2008/2009 they totally messed up the default notices by not giving enough days to remedy the breach.
One of them they only gave 9 days for me to remedy the breach, (although they didnt then actually terminate the account for another 20 days or so)
And the second account they allowed dead on 14 days without allowing any time for service, they then sent a termination letter on the 14th day terminating my account as i never remedied the breach,

My question is, do flawed default notices render the accounts unenforceable once they have terminated the accounts or can the new owner of the debt simply re issue another one or get a judge to over rule it ?
How effective are invalid/defective default notices if it ever got to court ?
I still have the original default notices filed away.

[BigAl1968]

Any help on the above default notice points please,

[nightwatch]

Are they threatening court on these accounts ?

[Joanna Connolly Solicitors]

[QUOTE=BigAl1968;n1525614] can the new owner of the debt simply re issue another one [/QUOTE]


A debt purchaser cannot issue a Default Notice since they are not a 'credit giver' meaning that if you complied with their DN by remedying the breach of your terms and conditions, they would not be in a position to continue with your credit (e.g. couldn't issue you with a replacement card or PIN etc).

Each case is different, but that's just a simple (and hopefully logical :happy ) explanation to help to put things in context.

Di

[Joanna Connolly Solicitors]

[QUOTE=BigAl1968;n1525614] can the new owner of the debt simply re issue another one [/QUOTE]


A debt purchaser cannot issue a Default Notice since they are not a 'credit giver' meaning that if you complied with their DN by remedying the breach of your terms and conditions, they would not be in a position to continue with your credit (e.g. couldn't issue you with a replacement card or PIN etc).

Each case is different, but that's just a simple (and hopefully logical :happy ) explanation to help to put things in context.

Di

[BigAl1968]

[QUOTE=nightwatch;n1525702]Are they threatening court on these accounts ?[/QUOTE]


No they are not threatening yet, but ide like to put it all to bed one way or another instead of paying token amounts for the rest of my life, I need some form of closure whether that be knowing its unenforceable then waiting for stat barred to be double sure, full and final, or defend in court if needed etc.