Unenforcable??

Originally posted by MrsH View Post

Back in 2010 I defaulted on all of my debts. I have been on a self managed DMP ever since (never missed a payment). My creditors are as follows:-

Natwest Loan - now owned by PRA Group
Natwest Overdraft - now owned by PRA Group
Natwest Credit Card - owned by Cabot and managed by Wescot
Mint Credit Card - owned by Cabot and managed by Wescot
Tesco Credit Card - owned by Intrum

I'm unsure of my next move

Hello

If you've been paying these debts on a (self-managed) DMP for the last nine years or so it makes sense to take a step back to assess where this is heading, especially since they've all been assigned to debt purchasers who probably paid a minimal amount for the accounts.

In order to make suggestions could you give a little more information about each debt in a separate post on this thread using this format >

Type of account (credit card/loan/overdraft/catalogue)
Date commenced (ideally before April 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, the original creditor, a debt purchaser or a DCA)

A debt can be unenforceable for a number of reasons even if the credit agreement is compliant so knowing as much as possible about the history will help me to help you.

Have you sent a formal s77-79 CCA Request to each of these debt owners together with the £1 statutory fee, or did you just write to them asking for the credit agreement?

Di

Hi

This is my first post so apologies if I have posted in the wrong section...

Back in 2010 I defaulted on all of my debts. I have been on a self managed DMP ever since (never missed a payment). My creditors are as follows:-

Natwest Loan - now owned by PRA Group
Natwest Overdraft - now owned by PRA Group
Natwest Credit Card - owned by Cabot and managed by Wescot
Mint Credit Card - owned by Cabot and managed by Wescot
Tesco Credit Card - owned by Intrum

PRA Group have recently purchased the loan and overdraft from Natwest, all correspondence I have from them regarding the loan account state that the account 'is currently classified as unenforceable, which means we are not able to take legal action to recover the balance. The debt is still legally owed and we will continue to contact you and report to the CRA's (where appropriate). It is possible for your account to become enforceable in the future if we receive the appropriate paperwork from the original creditor'.

I have recently sent a SAR request to Natwest (using a form from their website) I specifically asked for the credit agreement for the loan as I wanted to know if it still exists. I received a load of paperwork and four sheets of paper labelled loan applications, I'm unsure if this counts as an agreement as it looks like print outs of a database system - but I have no idea of what is acceptable. I note that my address is not on the loan application print out (only my post code from a previous address) and my maiden name is no where on the document. My married name is on there along with 'Personal information summary as at 29/03/2019' - again, I have no idea if this is acceptable or not...

I'm unsure of my next move - I am still paying my monthly payments to PRA as I didn't want to rock the boat.

Any help would be most appreciated!

Thank you

MrsH

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