Unenforcable??

[MrsH]

Received letters from Cabot today for the Natwest CC and Mint CC -

'We have been unable to get the information requested from the original lender. If this information ever becomes available to us we will complete your request, but until we are unable to supply this your account is unenforceable.'

Is now a good time to offer small F&F payments or should I cancel monthly payments and then offer F&F in a few months time?

[Warwick65]

Hi.
I sent the cca requests when the debt was assigned back in 2017.

I had stopped payments back in 2012 so the debts are now statute barred

They did chase me for a while but stopped when it was pointed out they hadn’t sent the cca . I didn’t however chase them at any point

[The Tech Clerk]

Thanks Di - so regards to cancelling payments, is it better to just cancel them or send a letter saying I’m not paying due to lack of CCA (or would that be inadvertently chasing the CCA?)?

Many thanks

do not chase them for the CCA. you can stop paying sure Di will comment also??

[MrsH]

Hi Warwick65 - thanks for your reply.

How long ago did you send your CCA’s? And have you stopped payments to these debts?

thanks

[Warwick65]

Hi Mrs H

I have just come across your thread. I also had a Natwest and Mint Credit cards which were sold to Cabot UK at about the same time as yours. I Sent CCA requests straight away and they have never responded other than an acknowledgment they received my request

[MrsH]

Thanks Di - so regards to cancelling payments, is it better to just cancel them or send a letter saying I’m not paying due to lack of CCA (or would that be inadvertently chasing the CCA?)?

Many thanks

[Joanna Connolly Solicitors]

With regards to Cabot (NatWest Cc), do I send a letter saying that they haven’t responded to my request?

As TTC has said, do not chase any of them for a response to your s77/79 CCA Requests.

Ideally you don't want them to comply

The FCA Handbook is quite clear on how a firm should communicate to the debtor that their debt is unenforceable until or unless they do comply.

CONC 13.1.6 > https://www.handbook.fca.org.uk/handbook/CONC/13/1.html


Di

[MrsH]

Thank you - I have the proof of postage, receipt for the postal order and I have a print out of the delivery and signature.

[The Tech Clerk]

you have proof you sent the CCA request? if so do not remind them, they know the regulation! sit on your hands for now, sure others will advise about payments stopping etc

[MrsH]

My CCA requests so far -

Intrum (#7) have written to say they are contacting the original lender.

Cabot #6 (Mint card) sent a letter acknowledging the request and saying they will contact original letter. Received another letter 10 days later saying ‘we are still processing your request, we have contacted the original lender for the relevant information. As we haven’t been able to provide you with the information you have requested, your Credit Agreement is unenforceable until we are able to reply to your request’.

Cabot #4 (NatWest Cc) No response received. I know the letter was received as it was signed for, I don’t know if the postal order was cashed as I can’t see how to trace that...

I wondering what to do next - do I cancel payments to them, and if so, is there a template letter to send to them explaining why I am no longer paying?

With regards to Cabot (NatWest Cc), do I send a letter saying that they haven’t responded to my request?

many thanks

Mrs H

[The Tech Clerk]

see what they send back - wet cloths opppsss Wescot are after commissions on any payment it is their trade await CCA if you get one

[MrsH]

So far I have sent CCA requests to 3/5 of my creditors. I haven't sent one to PRA for my loan yet, simply because I don't have the money to offer much of a F&F if they do find the agreement. I'm just so worried about getting a CCJ so thought I would tackle the 3 smaller balances first and hopefully PRA are happy sitting back knowing that they have told me its unenforceable but I am still making my monthly payments... I'm not sure if this is the right thing to do or not?

On 15/04/19 I received letters from Wescot re: both of my Cabot debts - both offering me 45% settlement discount. This was before I had sent the CCA request so I'm hoping that this is looking positive.

Thanks!

[Joanna Connolly Solicitors]

are there any repercussions of sending a request which then comes back as enforceable? Are the creditors likely to let me carry on with my current arrangements?

You may need a clairvoyant to answer that question

There are many other reasons for a debt to be unenforceable in court apart from the credit agreement.

So if one comes back enforceable then we’d take a look at whether the debt owner has other legal issues such as a ‘bad’ Default Notice or even no DN issued/served prior to the account being terminated and assigned to the debt purchaser.

Di

[MrsH]

That makes sense - I'll get them all sorted this weekend ready for sending on Monday!

Can I just ask - are there any repercussions of sending a request which then comes back as enforceable? Are the creditors likely to let me carry on with my current arrangements? I've managed to avoid getting any CCJ's and I'm worried about getting one...

Thanks!

[Joanna Connolly Solicitors]

With regards to PPI on credit cards - would this be apparent on the statements or do I need to contact the lenders?

I would concentrate on sending the s 77-79 CCA Requests to all the current debt owners to see which ones could be unenforceable and then you can make an informed decision as to whether you wish to carry on paying them or not.

The PPI issue can wait as you don't want to disturb anything accidentally.

Di