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  • #1

    Unenforceable confirmation!!

    Wow!

    I have listened to all of your advice and I have finally received a letter from my debtor confirming that they are unable to privde the requested documentation (CCA)
    They state at any stage the docs become available they will forward these on and the account will become enforceable once more, if received within the relevant limitation period.

    In addition, they have said although the account is currently unenforceable, the balance remains payable and due. So I must contact their team to discuss payments.

    I'm over the moon that it's been confirmed as unenforceable, for now, but why do i have to pay it if I am disputing owing it in the first place?

    What is the best way to tackle this going forward?
    Can I ask for the debt to be wrote off? Or try and meet half way with a reduced settlement figure?

    Many thanks in advance
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  • #2
    Originally posted by Bobthestarfish View Post
    Wow!

    I have listened to all of your advice and I have finally received a letter from my debtor confirming that they are unable to privde the requested documentation (CCA)
    They state at any stage the docs become available they will forward these on and the account will become enforceable once more, if received within the relevant limitation period.

    In addition, they have said although the account is currently unenforceable, the balance remains payable and due. So I must contact their team to discuss payments.

    I'm over the moon that it's been confirmed as unenforceable, for now, but why do i have to pay it if I am disputing owing it in the first place?

    What is the best way to tackle this going forward?
    Can I ask for the debt to be wrote off? Or try and meet half way with a reduced settlement figure?

    Many thanks in advance
    Best response?
    SILENCE
    • 1 like

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    • #3
      You don't have to pay anything, they would just like you to.
      by paying you are stopping the debt from reaching SB,
      the debt is UE as far as court is concerned, so that means, the debt owner can ask for payment and keep asking for payment, BUT, cannot enforce the debt through court without the paperwork, although some will threaten it,
      so asRoger say's maintain silent mode.
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.
      • 1 like

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      • #4
        Thanks both.
        I will proceed with silence
        • 2 likes

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        • #5
          What usually happens, does the debt get re sold? Does it eventually die off? Or do I need to constantly bat off warning letters now?
          If I ignore them, am I going to get in any trouble?

          Comment

          • #6
            Originally posted by Bobthestarfish View Post
            What usually happens, does the debt get re sold? Does it eventually die off? Or do I need to constantly bat off warning letters now?
            If I ignore them, am I going to get in any trouble?
            Originally posted by nightwatch View Post
            You don't have to pay anything, they would just like you to.
            Originally posted by nightwatch View Post
            by paying you are stopping the debt from reaching SB,
            the debt is UE as far as court is concerned, so that means, the debt owner can ask for payment and keep asking for payment, BUT, cannot enforce the debt through court without the paperwork, although some will threaten it,
            so asRoger say's maintain silent mode.

            As Nightwatch points out DO NOTHING THAT WILL STOP THE DEBT FROM REACHING STATUTE BAR!
            ..cannot enforce without paperwork..

            Comment

            • #7
              Originally posted by Bobthestarfish View Post
              What usually happens, does the debt get re sold? Does it eventually die off? Or do I need to constantly bat off warning letters now?
              If I ignore them, am I going to get in any trouble?
              OK, depending on which debt this is (who, is chasing) will mean that it may be handled whatever way that company operate, no two debts are treated the same, so I cant see into my crystal ball and say.

              does the debt get re sold?, depends on the company that has it at the moment, there is nothing stopping it being passed from one DCA to another,

              do I need to constantly bat off warning letters now? who ever has it now, will keep writing asking for you to contact them to arange payment, again, you do not have to pay and they can't force you to, nor do you need to tell them why you're not paying .that could make them look harder for paperwork,
              Also every time you reply you leave yourself at risk of admitting to the debt, so would not reach SB, 6 years of no contact or admittance of the debt,

              Does it eventually die off?, every thing has a shelf life. when a debt is defaulted and that default is regestered with the Credit Agencys, it will remain on your credit file for 6 years( 5 Scotland) after that time is up, it will vanish from your credit file, EVEN IF THE DEBT HAS NOT BEEN CLEARED, it cannot be defaulted again,

              If I ignore them, am I going to get in any trouble?

              If you don't ignore them ,I may make you sit on the naughty step for 6 years,
              Who can you get in trouble with? if they have said it is UE that is their problem not yours, being in debt is not a crime, nor should you be made to feel it is.

              now, keep in mind these few words,

              BEFORE I REPLY TO ANY LETTERS IN A BLIND PANIC, POST ON MY DIARY AND SEE WHAT OTHERS HAVE DONE!! DON'T SPEAK TO ANY DCA'S ON THE PHONE.

              all the best NW.
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.
              • 1 like

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              • #8
                Great advice. Thank you nightwatch.
                The dca is Cabot but I'm assuming they have a pan approach and the debt has already passed 6 years 2009 I received my default for it.
                • 1 like

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                • #9
                  when did you last make any payment to it and when did Cabot take it over ?
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                  • #10
                    Last payment was approx. Dec 2017 and Cabot took over in Jan 2018

                    Comment

                    • #11
                      Ahh, then expect Cabot to keep sending for payment for the next 5 years.
                      they have 3 of mine, 2 they have given up on, the third they only took over last year, they have contacted me a few times but as of yet i have not responded, it should be SB by Sept, so just sitting it out.
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment

                      • #12
                        Bob, I will assure you this, they will write (read as -they will beg) asking you to pay, but do nothing other than file letters in your folder, they will continue to write still do nothing, if you feel the wobbles coming on then post on here and you will soon be reassured.

                        As said, it is their problem now not yours so leave them alone with it. It will only be a concern to you if they send relevant paperwork then call in here first for advice, whatever you do don’t knee jerk and write or speak to them before coming here.

                        All the best.
                        • 2 likes

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                        • #13
                          Thank you so much for the reassurance both of you. I'm sure you won't hear the last of me!

                          Comment

                          • #14
                            If they start to call or you feel the frequency of letters are over the top, come back and ask.

                            I have several accounts like yours, all now SB. To be fair to Cabot, once they told me it was UE because they could not fulfil my S78 request they went totally quiet.

                            If they do sell them on, again come back here and ask

                            Comment

                            • #15
                              Brill. Thank you Warwick

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