Enforceable debts and SAR

[jon1965]

Ok
If you have an enforceable debt because they have either supplied a S77-79 compliant agreement or they are post 2007 and you are currently blagging it (or even making token payments)
Obviously you could do a CPUTR request to see if they have the original but is it worth sending a SAR to see what paperwork they have e.g DN's etc
Or can you wait until they issue court procedings and then SAR and request an adjournment while you prepare your defence.

Or put another way, is it better to be proactive or reactive?

[PriorityOne]

Re: Enforceable debts and SAR

Ok
If you have an enforceable debt because they have either supplied a S77-79 compliant agreement or they are post 2007 and you are currently blagging it (or even making token payments)
Obviously you could do a CPUTR request to see if they have the original but is it worth sending a SAR to see what paperwork they have e.g DN's etc
Or can you wait until they issue court procedings and then SAR and request an adjournment while you prepare your defence.

Or put another way, is it better to be proactive or reactive?

Personally, I would go the pro-active route because once court papers are issued, you're in their hands (so to speak). Having said this, you need to consider carefully what your aims are before initiating a challenge.

If you are looking at challenging post-2007 paperwork, then you can do this by quoting paras. 108 and 234 from Carey et al and use CPUTR to see if they can satisfy the "proof purpose" rather than just the "information purpose", but please remember that no-one has yet gone to court on the strength of this argument on here (to my knowledge) and as such, you would be making yourself a bit of a test case should you decide to take it that far.

If you do not intend to take things that far, then you will need to recognise when to back off....

[jon1965]

Re: Enforceable debts and SAR

Thanks P1. You may know a lot of this is to keep my mind off other things. So once I have sorted out exactly which debts are EN ( I am seeing my ex DMP provider on Wed to copy any relevant papers) I will SAR anyone that I do not have a defence with e.g. faulty DN's .
Frankly I would not defend just for the sake of it . I have one pre 2007 that admits they do not have the original so I do have some sort of defence there but to have a faulty DN or something similar would help the cause a lot

[PriorityOne]

Re: Enforceable debts and SAR

Thanks P1. You may know a lot of this is to keep my mind off other things. So once I have sorted out exactly which debts are EN ( I am seeing my ex DMP provider on Wed to copy any relevant papers) I will SAR anyone that I do not have a defence with e.g. faulty DN's .
Frankly I would not defend just for the sake of it . I have one pre 2007 that admits they do not have the original so I do have some sort of defence there but to have a faulty DN or something similar would help the cause a lot

Hi Jon.... I did come across a thread where you said you had a big court case pending but I don't know what it's about.... Sometimes it does help to occupy your mind when things are looming though.

Are these EN debts heading for court.... or are you assuming that's where they'll end up? Is the pre-2007 company taking you to court with no original, or are you assuming that one as well?

[jon1965]

Re: Enforceable debts and SAR

Nothing concrete just the usual threats . And as my name suggests I do worry although what can they take?

I think I may be too new on the UE route to go to court though capquest and arden are being lovely (not) I am sure Niddy's number for creditors is getting a few phone calls

[PriorityOne]

Re: Enforceable debts and SAR

Nothing concrete just the usual threats . And as my name suggests I do worry although what can they take?

I think I may be too new on the UE route to go to court though capquest and arden are being lovely (not) I am sure Niddy's number for creditors is getting a few phone calls

Well, please try not to worry. Things do not always end up in court; I've never had court papers issued against me for a start and own property, so that should tell you something....

If you have no assets, then there' nothing to take..... so while creditors/DCAs may huff and puff a lot, there's little they can do in reality. If you're currently making token payments on enforceable debts, then just carry on.... The liklihood of a company wasting their time trying to recover more money from someone with no assets is extremely low anyway.

[Never-In-Doubt]

Re: Enforceable debts and SAR

Oh lord this gets worse.

I said only two days to chill and stop this nonsense mate. You're gonna end up skint and with judgments coming out your eyes unless you start to man up and do one thing at a time.

Relax. Stop being a coffin chaser and await their instruction. What the hell do you think wasting £10 on a SAR will do! Why even bother FFS?

Jon you really need to chill and go with the flow. You're one of thousands and yet here you are all paranoid again.

Chill. Relax. Await their responses and do not go pro active as that's absolutely against our ethos - we fight for ue & sb not to be pro active and chase the lender into taking action which you'll end up doing if you carry on.

[Never-In-Doubt]

Re: Enforceable debts and SAR

These threads give the wrong impression to all readers thus they wind me up

[PlanB]

Re: Enforceable debts and SAR

Thanks P1. You may know a lot of this is to keep my mind off other things. So once I have sorted out exactly which debts are EN ( I am seeing my ex DMP provider on Wed to copy any relevant papers) I will SAR anyone that I do not have a defence with e.g. faulty DN's .
Frankly I would not defend just for the sake of it . I have one pre 2007 that admits they do not have the original so I do have some sort of defence there but to have a faulty DN or something similar would help the cause a lot

Parhaps Jon is just getting tidy-minded so he knows what his options could be after he's established which of his debts are or aren't UE It can be empowering to take control of a situation rather then relying totally on others to tell you what to do each step of the way.

Jon is facing an unrelated court case so getting all possible information upfront can only take the *worry* out of Mr Worry I don't mean send SARs I mean get the lowdown on when, if ever, a SAR would help or hinder your situation.

There's a lot you can do now in case you can't do it later and research is a good start. Good luck with your upcoming case and I'll post anything I can find to help you on your other thread

http://forums.all-about-debt.co.uk/showpost.php?p=168444&postcount=30

I put an out-dated web address in that March post so this morning I've posted something else bang up-to-date for you

http://forums.all-about-debt.co.uk/showpost.php?p=192721&postcount=38

[jon1965]

Re: Enforceable debts and SAR

Thanks FP. I am really not worried by CCJ's got that t shirt.
One issue is that I have stopped paying everything , all debt be they UE EN or CCJ since Jan 2012 .
Well everything except 1 which is Natwest and seeing as they have just returned my CPUTR request asking for a £1 fee I have a mind to stop that as well.

I would value peoples opinions , what would THEY do in my situation, i.e.no job, no assets etc
Blag everything
Pay the CCJ's blag the rest
Pay the CCJ's and the EN
Or something different

No doubt there will be differing opinions

My personal view is blag everything and if the worst comes to the worst have letters ready to send to all of them a letter saying something along the lines of " I am going on "holiday" for an indeterminate amount of time and I will be in touch when I get back"

Although i am hopeful that the holiday will not come to pass

[Never-In-Doubt]

Re: Enforceable debts and SAR

But we went through all this at the start when you joined

Remember? "shall I go bankrupt"? We then agreed try ue first then if the lenders get snotty you are then free to pursue such alternatives having at least tried the ue route.

You have nothing to lose. Nothing.

[jon1965]

Re: Enforceable debts and SAR

Sorry all,
One of the dangers of having a compulsive personality...it's all or nothing
Yes I know, what i should really do is do one letter at a time i.e it arrives I deal with it.

Much less stress that way

Again sorry if I am giving the wrong impression to anyone and I will shut up for a bit so Niddy's spring can wind down

[Never-In-Doubt]

Re: Enforceable debts and SAR

Boing Boing

[PlanB]

Re: Enforceable debts and SAR

Thanks FP. I am really not worried by CCJ's got that t shirt.
One issue is that I have stopped paying everything , all debt be they UE EN or CCJ since Jan 2012 .
Well everything except 1 which is Natwest and seeing as they have just returned my CPUTR request asking for a £1 fee I have a mind to stop that as well.

I would value peoples opinions , what would THEY do in my situation, i.e.no job, no assets etc
Blag everything
Pay the CCJ's blag the rest
Pay the CCJ's and the EN
Or something different

No doubt there will be differing opinions

My personal view is blag everything and if the worst comes to the worst have letters ready to send to all of them a letter saying something along the lines of " I am going on "holiday" for an indeterminate amount of time and I will be in touch when I get back"

Although i am hopeful that the holiday will not come to pass

If I were in your situation I would soldier on with UE for as long as possible wearing a smirk on my face knowing that none of these bullying creditors or their lowlife DCAs can do anything to you if you do go "on a long holiday"

If anyone decides to make you BR while you're "on holiday" that could be a blessing in disguise because they'd have to pay the court fees You could then have a clean slate for when you get back "from holiday".

Since you've already said (elsewhere) that you will inherit money from a family trust fund one day it would be nice to think that windfall will be going on buying a cottage with roses round the door or a yellow Ferrari instead of being handed over to creditors even at only £1 per month

You only started the UE route recently but I can assure you that things get quieter and quieter (and therefore more manageable) as time goes by. I haven't heard from some of my creditors for over a year, and nothing from the rest of them for over six months. There was just one exception recently

[PriorityOne]

Re: Enforceable debts and SAR

Ok.... I have a much clearer picture of you now Jon.... lol.

When I mentioned being "pro-active" in my first reply to you, I meant that you need to respond to whatever shyte you get sent in reponse to a threat, CCA response back from a creditor and so on. I did not mean "pro-active" in the sense that you push to find something out. What would you be trying to find out?.... and why bother? If you re-read the post, I have also said that "you need to consider carefully what your aims are before initiating a challenge."

I have only sent out one SAR in my time battling creditors/DCAs.... but this was way down the track and because I needed to get information from a creditor about account(s) that were amalgamated and flogged to a DCA..... which would help me in telling them to feck off.

If you have a compulsive personality (as you say), then take up a compulsive hobby or something.... don't poke a situation when it's not required because that's when it tends to poke you back. One more thing.... when you get your inheritance, don't tell them about it!!