Unenforceability - next step..

[treblex33]

Hi team,
(Sorry this probably has been asked 1000 times already)
Does anyone know what happens 6 years after default, and there is still an outstanding balance but no payments being made as the creditor has not supplied a CCA. I keep getting correspondence from DCA's and once I send them an "acc in default with OC" letter - it gets thrown to another DCA.
Your experiences & opinions are appreciated as always.

Thanks,
Treblex

[Never-In-Doubt]

Re: Unenforceability - next step..

After 6yrs the entry is removed from your credit file whether paid or not. This is 6yrs from default date though - not 6yrs of non payment.... However just cos it's gone from your credit file doesn't mean the debt has gone, you'd need to blag it and "hide" until the 6ys statute barred clock exprires, which is 6yrs from date of last payment into the account (or acknowledgement which usually means payment) :what

[treblex33]

Re: Unenforceability - next step..

Guys,
Just thought to clarify this, cos the way I have subjected this threat could be misleading.

The intention here is not (and has never been) to avoid payment. It is ultimately my fault as a consumer for ending up in this situation. But the creditors are not much of understanding either.
___
For six years I paid through DPM to all creditors and did every shitty & underpaid job I had to, to do that. Not to mention the stress and a few more lines on my forefront. Rightly so it served me right! I paid nearly 80 % of outstanding balances.
It was at this point that I learned about unenforceability, f&f’s, PPI claims, etc, so suddenly there were more options to handle this.
However I just wanted to get rid of these balances and with help from relatives I put some money together about 45% of the actual remaining balances and offered f&f’s. After all, what was left to pay, was made up of charges. Twice I offered twice I was refused. So I thought what the hek with being strait & honest, and fired away CCA’s, PPI and Charges claims (of course with help from clever minds like NID’s).
___

And here we are now, some of the creditors are actually offering me back 50% to settle, have refunded PPI charges, and are not receiving payments!

[treblex33]

Re: Unenforceability - next step..

Thanks NID,

Well fair enough, as they’ve already defaulted me, some without even writing to me, I might just do that,
Or the other option I guess is to negotiate f&f’s.

From the legal prospective, is there anything they can do during this time, if wait for the statue barred period to take effect?

[Never-In-Doubt]

Re: Unenforceability - next step..

Hiya

Have they actually sent back CCA's? You really need to read this and provide more info: ---> viewtopic.php?p=6789#p6789

But ultimately they cannot take any formal action whilst there is a CCA Request outstanding....

[treblex33]

Re: Unenforceability - next step..

Thanks Nid, will submit a diary shortly, just listing the info (it's a few accounts).
I shall email you the agreements subsequently, for the ones that have supplied one; two creditors sent letters to say that CCA will be sent soon but I never received anything. Anyway, I will list all info shortly.

[treblex33]

Re: Unenforceability - next step..

After 6yrs the entry is removed from your credit file whether paid or not. This is 6yrs from default date though - not 6yrs of non payment.... However just cos it's gone from your credit file doesn't mean the debt has gone, you'd need to blag it and "hide" until the 6ys statute barred clock exprires, which is 6yrs from date of last payment into the account (or acknowledgement which usually means payment) :what

Hiya,
Just a couple of point here - so ok the debt remains even after 6 years, but as it's no longer on the credit report, other creditors wan't see it will they? (to start re-building the file)

- secondly, does making an f&f offer break (reset the clock) for the statue barred period?

thanks,

[Never-In-Doubt]

Re: Unenforceability - next step..

No they will never be seen again after 6yrs - they are gone - finished!!

[treblex33]

Re: Unenforceability - next step..

Hi Nid, ready for thisone, here is the first acc:

RBS Credit Card - Account Diary
account opened Dec-00
Approx balance £300 (+ 135 charges) / RBS file - £482
current status no payments
last payment Jan-09

Sep-03 started DPM
Sep-08 f&f offer - refused
Oct-08 f&f offer - refused

Jan-09 ceased payments - efectively ending DPM
May-09 letter received - from triton payment demand
Jun-09 letter sent to Triton credit services - CCA request
Jun-09 letter received from triton - CCA request passed to RBS
Jun-09 letter sent to Triton credit services - account in dispute
Jul-09 RBS letter receive - reply to CCA request with t&c + copy of application form
Aug-09 letter received - from triton notice of legal proceedings
Sep-09 letter received - from green & co solicitors on behalf of triton
Oct-09 letter sent to triton - debt not acknowledged
Oct-09 letter sent to RBS - account in dispute noncompliance of CCA request
Oct-09 letter sent to RBS data controller - Notice pursuant to s10 act 1998, request to cease data processing
Oct-09 letter sent to RMA - debt not acknowledged
Oct-09 RBS letter received - elaborating their obligation under s78
Nov-09 RBS letter received - claiming to have satisfied CCA request
Oct-09 letter received - from RMA informing of debt assigned to them
Oct-09 letter received - from RMA
Oct-09 letter received - from RMA
Nov-09 letter received - from RMA
Dec-09 letter sent to RBS - "Account in dispute - formal complaint"

Apr-10 letter received - from wescot, informing of debt assigned to them
Apr-10 letter received - from wescot
May-10 letter received - from nelson guest & partners, on behalf of wescot
May-10 letter received - from wescot
Jun-10 letter received - from wescot
Jun-10 letter received - from wescot
Jul-10 letter received - from credit security ltd
Oct-10 letter received - from regal credit
Nov-10 letter received - from regal credit
Nov-10 letter received - from regal credit - advising legal action

[Never-In-Doubt]

Re: Unenforceability - next step..

Hi Nid, ready for thisone, here is the first acc:

RBS Credit Card - Account Diary - Nov-10 letter received - from regal credit - advising legal action

Respond with this: ---> viewtopic.php?p=2319#p2319

[Never-In-Doubt]

Re: Unenforceability - next step..

p.s the RBS account is unenforceable, so send the legal threat off to the DCA making threats and in the main, keep us updated with this - but do not make any payments into it.

[treblex33]

Re: Unenforceability - next step..

p.s the RBS account is unenforceable

thanks for your help NID, have sent off the letter today.
I will post here if there are any replays

[Never-In-Doubt]

Re: Unenforceability - next step..

Cheers