Unenforcable maybe?

[Valfa]

Hi
I am new here and found this site through surfing for help over a couple of debts. I really don't know if I can get help on this one but I will try.

My now ex husband and I had a bank loan in joint names that was taken out to pay HMRC childrens tax credit bill. Years later my husband asked me to go online and increase the loan to pay off the joint overdraft and a bit extra and I did so.

This new loan was done in just my name there was no option on the website to do this in joint names,even though I had no income going into the joint account (my husband paid all the bills) so I did not make a fuss over it even though I was not happy this had gone into just my name.

A couple of weeks later I told my Ex that our marriage was over and the day after he went and closed the joint bank account. This was November 2015 a couple of payments were made to the bank by him but in March I had to flee for my life and at this time he stopped paying it as it was in my name.

I got a flat and phoned the bank telling them all the above and they asked me my financial situation and said they could not take payment as I clearly could not afford the repayments and they would freeze it. I earned £850 per month and still do.

I didn't hear another word until now

2019 and I have now moved in with my partner in his house as I was struggling in the flat financially.I pay money to him..

A couple of weeks ago I got a fishing letter from moorcrift asking who/if I was blah blah.
Last week they sent a letter saying our client wants their money.

I still have the 3 emails from the bank when the loan was set up and there is a CCA that is not signed and I don't remember ever getting any paperwork to sign it was all online.

so..

1, Should I ignore the letters ?
2. Fight it if I can ?
3, Wait for a final offer and settlement (my partner said he will help if its not a great deal)?
4 wait for CCJ if one comes and then deal with payment.?
5, offer payment plan ?

Thanks

[Spud]

Hi Valfa

Quite a lot to look at here.......but nothing that we cant explore and help with

Roughly how much was the loan or the total outstanding? Not to the penny......Just a rough amount for now

I am assuming that you have moved in with a new partner.......And left the flat behind? ( As in the letter from Moorcroft was delivered to your partners house ? As in your current address?)

The letters from Moorcroft do indeed sound like fishing letters.........It seems as though they are looking to establish If you are the correct Miss XXXXX before they persue you

If it were me, For now I would not be responding to Moorcrofts letters.......See what they do next and come back to us with the answers to the questions above. They could try and visit your house - If they do - Don't worry......They are not Bailiffs or they can not force their way in etc - Just either don't answer the door to them - Or if you do......Just ask them to leave .....You don't even have to confirm who you are etc.....just tell them to leave and close the door......they will be used to it by now poor chaps

Your next step will probably be a CCA request and we can go from there - One step at a time

Don't go worrying about CCJ's etc at the minute......Lets start at the start and explore the best options for you - Things like CCJ's are a long way off and can mostly be avoided by using the correct negotiation or channels

Most importantly, Lets get you back in control of this.......Joining here and posting up is a good start

[Valfa]

Hi and thanks for replying. The original loan was for 10056.58 with interest it came to 11668.44 now owe 9500... you are correct on all other assumptions.

[Spud]

Ok no worries

I was hoping with the loan being to cover a repayment of a Tax credit bill it would be a fairly small amount.......Which would have made me suggest a slightly different approach

So it would seem as though Moorcroft have attempted to trace you and have this new address from somewhere.....They are obviously now going to try and establish if you are the correct person who they are chasing

Nobody on any forum would ever advise you to ignore letters.......But If it were me, I would not be seeking to do their job for them.........So I would not engage with Moorcroft just yet......date the envelope of any letter that arrived and keep it safe........ wait and see what they send next. It may well be that they send a few fishing letters and then pass it back to the original lender/potential new owner etc. You would need to keep an eye on the content of those letters to ensure that they did not become more threatening and/or intimate legal action will be taken.

As I see it, Its a bit of a balancing act........You don't want to alert them to the fact that you are connected with the loan just yet..........But the normal course of action would be to send a CCA request........However doing so......will focus their energy and attention onto yourself........

I think if it were me I would wait it out a few weeks and see what happens next.......They could well move on and leave you alone again......

Is this loan with the same bank and or account that you currently still use? ie: your current bank account? and who is the lender? is it still the original or has it been sold on etc? - If it is with your current bank with an account that you use.....You may need to change your current account to another bank to stop them trying to access your money.

Secondly if it is a bank you still have business with......Then they will know you are the correct person.......So it is less likely that people like Moorcroft will just fade away - That's not a problem as such, It just means that you will likely be sending the CCA request sooner rather than later.

Would you have any other letters or documents for this loan squirreled away somewhere?

Once we get to the stage of you sending a CCA request, The reply you receive would then dictate how you move forward and what options you have really....One step at a time

Come back to us with the answers to the questions and post up if anything changes

[Valfa]

Hi Spud
Thanks again for replying

In answer to your questions ...I have nothing to do with the bank at all it was Halifax.

The only documents I have are 3 emails when it was first taken out.

1, Pre contract credit information.
2 Adequate explanation and Unexecuted CCA
3, Credit Contract Agreement.

Will post up when I hear from them next

[Spud]

Ok

That's good news that your not banking with them too......So your money/wages are safe

Keep hold of the info you have

See what happens next........

Have Halifax got some form of contact details with yourself such as an existing email address etc that was used then and you still use now? I am presuming that you have not informed Halifax of your new address?

You need to be mindful that they could potentially look to take ( or have taken) some sort of legal action and if you don't respond, They could be awarded CCJ's or similar.......A search of your credit record would show if there is anything historically.........But to do that would alert them to your new address........Which I would not reccomend you do.........Like I say, its a bit of a balancing act for the next few weeks

If Moorcroft go away, Then you would have to make a decision whether to wait it out or send a CCA request......

I cant see that waiting a few weeks will do any harm

[Valfa]

Hi
New letter has arrived it is headed Monthly instalment offer it is just asking for me to contact them or they will take steps to recover.

[Valfa]

Hi
New letter has arrived it is headed Monthly instalment offer it is just asking for me to contact them or they will take steps to recover.

[Joanna Connolly Solicitors]

This new loan was done in just my name there was no option on the website to do this in joint names.

. . . . A couple of weeks later I told my Ex that our marriage was over and the day after he went and closed the joint bank account. This was November 2015 a couple of payments were made to the bank by him but in March I had to flee for my life and at this time he stopped paying it as it was in my name.

I got a flat and phoned the bank telling them all the above and they asked me my financial situation and said they could not take payment as I clearly could not afford the repayments and they would freeze it.

. . . they sent a letter saying our client wants their money.

I still have the 3 emails from the bank when the loan was set up and there is a CCA that is not signed and I don't remember ever getting any paperwork to sign it was all online.

Hello

Can you clarify a few things.

You say "there is a CCA that's not signed" so where did you get that from?

Have you kept it since 2015 when the loan was taken out (perhaps it was mailed to you to sign which you didn't do?) or has it been sent to you by the bank in response to a subsequent request?

When you say the bank agreed "they would freeze it" do you mean the bank agreed to freeze the interest being charged on the loan (if it wasn't already added upfront) but still expected you to repay the capital sum borrowed at some point in the future when your income allowed?

What was in those three emails from the bank which you've saved?

Di

[Valfa]

Hi Diana
The CCA was an email at the time the loan was taken out.

When the bank said it would freeze the account it was after I spoke to them on the phone they asked my outgoings and said by law they could not ask me to pay it as I had no money left after living costs.

The 3 emails were headed :
1, Pre contract credit information.
2 Adequate explanation and Unexecuted CCA
3, Credit Contract Agreement.

I did not send anything to the bank in the post

v

[Valfa]

Hi Diana
The CCA was an email at the time the loan was taken out.

When the bank said it would freeze the account it was after I spoke to them on the phone they asked my outgoings and said by law they could not ask me to pay it as I had no money left after living costs.

The 3 emails were headed :
1, Pre contract credit information.
2 Adequate explanation and Unexecuted CCA
3, Credit Contract Agreement.

I did not send anything to the bank in the post

v