Unenforcable??

[MrsH]

PRA have told me that with regards to my Natwest Overdraft - they are "unable to fulfil my request for a copy agreement as current accounts do not require a credit agreement, therefore no credit agreement would have been set up when opening the account, such accounts are not included in the Consumer Credit Act 1974."

As mentioned in post #11 by Di - an overdraft is covered in s78. Any ideas what my next step is?

Debt No 2

Even though this was an overdraft you can still send the s 77-79 CCA Request since a recent county court judgment ruled that overdrafts are covered by s 78 Consumer Credit Act.

Read this post by Joanna Connolly >

Thanks!

[MrsH]

Thank you both - really appreciate your help!

[Never-In-Doubt]

Intrum contacted me by phone on 04/07/19 with a matter that they needed to discuss, I informed them that I will not deal with anything over the phone and that they need to put it in writing to me. I received a letter 09/07/19 just saying 'following your request for the balance of you account, please be advised that the current balance is....' I hadn't requested this information and there was no mention of it being currently unenforceable due to them not responding to my CCA request.... Is this just a way of reminding me that I still owe the money even though they haven't sent me a credit agreement?

Thanks

If they ring in future, you can just hang-up. You are under no obligation to speak to them. Being honest, I tend to write to all my creditors stating that I am no longer available by phone and to contact me in writing only. I just add it to the CCA and / or any future replies. Bear it in mind if you get into letter ping-pong; just add a line saying "I do not have a phone anymore so please ensure all future correspondence is made via letter at my home address, and remove all contact phone numbers you may have as none will be valid anymore."

That will kill off the calls once and for all (usually) - plus if they continue to call, you can get them on grounds of harassment. It's handy to have ammunition in case they get arsey.

Best thing to do is to stop your payments, send a CCA to everyone (just once) - and then work through them in order. The Enforceable ones are the ones where it may be prudent to cease payments for a few months, save a bit, then make a F&F offer to those only. But only if they are making threats. It's still wise to cease payments, as you get their attention plus you are pushing towards SB with every year that passes.

Lots of options, that's why we're here - to help you learn and fight back, where we can.

[Warwick65]

Yes, I would just ignore it. Stick it in the file along with everything else

[MrsH]

Intrum contacted me by phone on 04/07/19 with a matter that they needed to discuss, I informed them that I will not deal with anything over the phone and that they need to put it in writing to me. I received a letter 09/07/19 just saying 'following your request for the balance of you account, please be advised that the current balance is....' I hadn't requested this information and there was no mention of it being currently unenforceable due to them not responding to my CCA request.... Is this just a way of reminding me that I still owe the money even though they haven't sent me a credit agreement?

Thanks

[Joanna Connolly Solicitors]

I note that the S 78 went out in May to Intrum and acknowledged 8 May 2019
The Debt is unenforcible until such times as Intrum produce that CCA, the choice to pay or not is yours but they are now nearly 2 months late aren't they?

Exactly

Di

[MrsH]

Thank you both for your replies. I have now cancelled Intrum payment as well.

[cymruambyth]

As Roger has said, it is unenforceable whilst they are in default of your request. Although it remains UE, if and it’s a big if they do supply a compliant agreement it then becomes enforceable; however this is only part of the process as there are many other factors that mean an agreement can not be enforced in court.

I had a couple of creditors that were ‘nice’ to us and so I carried on paying - a big mistake because they no longer show on my credit records but I am still fighting them on UE grounds.

[Roger]

Hi all - I have cancelled my monthly payments for both Cabot debts (as I have received letters saying these are currently unenforceable). I am still waiting to hear from Intrum re: Tesco debt. Am I best to keep Intrum payment going until they write to tell me if it is or isn’t enforceable? Thanks

I note that the S 78 went out in May to Intrum and acknowledged 8 May 2019
The Debt is unenforcible until such times as Intrum produce that CCA, the choice to pay or not is yours but they are now nearly 2 months late aren't they?

[MrsH]

Hi all - I have cancelled my monthly payments for both Cabot debts (as I have received letters saying these are currently unenforceable). I am still waiting to hear from Intrum re: Tesco debt. Am I best to keep Intrum payment going until they write to tell me if it is or isn’t enforceable? Thanks

[The Tech Clerk]

It has to be your decision to stop paying, however it is what I would do! The methods that we use and the back up that is available make our system very effective.
You can expect extra contact when you stop paying, just post here for support. Strange as it may seem but you will reach a point when you start to miss all your letters from the different companies.

Remember:- Silence is Golden!

[cymruambyth]

It has to be your decision to stop paying, however it is what I would do! The methods that we use and the back up that is available make our system very effective.
You can expect extra contact when you stop paying, just post here for support. Strange as it may seem but you will reach a point when you start to miss all your letters from the different companies.

[MrsH]

I was thinking if I could get a very low F&F then it would clear it up without a chance of it ever coming back to bite me.... but maybe that isn’t the best thing to do then...

So I’ll stop my monthly payments - do I then just ignore correspondence from them unless of course they state that they have found the paperwork?

Thank you both for your help!

[The Tech Clerk]

why pay for something that is unenforceable - they know that you are rich picking if you offer them monies for their Xmas party. sit on your hands

"BUT"

come back here if they start threats, meantime relax and enjoy peace, DO NOT GIVE THEM MONEY they are not entitled to any whilst the case is un proven/ even if they should produce a CCA etc many things can make unenforceable

[cymruambyth]

MrsH if they have no paperwork and the account is unenforceable, why pay? They cannot take you to court or indeed take any action against you whilst they are unenforceable. I would not pay anything; if you feel happier, put some money aside every month just in case they magically find an enforceable agreement. Remember if they have sold the debts on they will have been purchased for a fraction of the amount owed.