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  • #1

    What happens next???

    I have been following the UE line with two creditors since January 2009, Northern Rock and Santander. Both claim their agreements are enforceable, however, I have not made a payment to them since this date and haven't heard from any DCA regarding either debt for at least 2 years now. I get a letter/statement approximately every 6 months or so telling me how much I owe but that's it. However, my worry is what will happen in the future? How likely are they to follow another means of getting their money back e.g. Charging Order? Are there other things they could do also?

    I have been considering an IVA and including the two above mentioned debts in the IVA. However, what is the point if the creditors aren't going to pursue the debt any longer?

    What do you think I should do? All help and opinions appreciated.
    Tags: accounts, action, bank, bankruptcy, cash, ccj, charging order, chasing, claim, con, consumer, court, creditor, creditors, criminal, date, dca, debt, debts, default, defaults, game, help, insolvency, iva, land, letter, lost, money, northern rock, order, paid, payment plan, santander, scotland, set aside, statute, statute barred, templates, urgent, world
  • #2
    Re: What happens next???

    hi lloydjones,

    Only just over 2 years to them being statute barred, and if they are keeping quiet I'd let sleeping dogs lie.
    Depends how urgent your need is to do an IVA in respect of other debts. If you HAVE to do one then certainly you should include these two.

    There's never any guarantee that somewhere down the line in the next 2 years some bottom feeder might have another try, but you'd just come right back at them with the UE templates. Only way they can get a Charging Order is if they get a CCJ first, but they don't sound too interested in pursuing these accounts so I'd just sit tight and report back here if they surface again.

    Elsa x

    Comment

    • #3
      Re: What happens next???

      From what you've given us in this post it is obviously impossible to say whether or not an IVA makes sense, but if it did, then everything should be included. If not, it could come back to bite you later.

      If you are able to follow the UE route a bit longer, with or without blagging, then I would just leave these be. I know it is the hardest thing in the world to do to be patient, but time is your only real friend in this game. If the status quo endures for another two years and three months, you will have won the game. Only respond to threats when threats are made.

      I have been in this situation myself, with a bank just sending annual statements every year and nothing else. Surely, when the alleged debt went into the fifth year, they would start to get heavy? They must do, mustn't they?

      They didn't. It went SB.

      SH

      Comment

      • #4
        Re: What happens next???

        Originally posted by ScabHunter View Post
        From what you've given us in this post it is obviously impossible to say whether or not an IVA makes sense...
        An IVA for the outstanding debts, not including Northern Rock (£23k) and Santander (£12k), is definitely not worth it. I am in agreements with all other creditors and can see light at the end of the tunnel. All defaults will be gone in 4 years and all debts paid off.

        Comment

        • #5
          Re: What happens next???

          Originally posted by lloydjones View Post
          An IVA for the outstanding debts, not including Northern Rock (£23k) and Santander (£12k), is definitely not worth it. I am in agreements with all other creditors and can see light at the end of the tunnel. All defaults will be gone in 4 years and all debts paid off.
          In that case I would just continue as you are and absorb time. If these alleged debts are UE then you can just respond with the appropriate templates if any of them do start chasing you.

          SH

          Comment

          • #6
            Re: What happens next???

            Originally posted by ScabHunter View Post
            In that case I would just continue as you are and absorb time. If these alleged debts are UE then you can just respond with the appropriate templates if any of them do start chasing you.

            SH
            Is it normally the case that the debtor believes the account to be UE but the creditor says otherwise??? I suppose creditors are bound to claim the debt is enforceable as they want their cash back!!!

            Comment

            • #7
              Re: What happens next???

              Originally posted by lloydjones View Post
              Is it normally the case that the debtor believes the account to be UE but the creditor says otherwise???
              Yes, that is what happens in virtually every case. The only time creditors will admit that they cannot enforce is when the agreement no longer exists and they know they would have no chance in court without committing criminal forgery. In every other case, they try it on.

              Originally posted by lloydjones View Post
              I suppose creditors are bound to claim the debt is enforceable as they want their cash back!!!
              Exactly. And usually a lot more cash besides.

              SH
              Last edited by ScabHunter; 20 November 2012, 12:27. Reason: Another typo

              Comment

              • #8
                Re: What happens next???

                Ok, I'll sit tight until they become Statute Barred. Is this 5 years from the last payment they received?

                Comment

                • #9
                  Re: What happens next???

                  Originally posted by lloydjones View Post
                  Ok, I'll sit tight until they become Statute Barred. Is this 5 years from the last payment they received?
                  If you live in Scotland yes........5 years

                  If not it's 6 years
                  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
                    Re: What happens next???

                    6 years, thanks.

                    If they decide to turn up the heat, what is they're next likely course of action? CCJ?

                    Is there something I can do if they go down the CCJ route? E.g. Start an IVA? Agree a payment plan? etc.

                    Comment

                    • #11
                      Re: What happens next???

                      Originally posted by lloydjones View Post
                      6 years, thanks.

                      If they decide to turn up the heat, what is they're next likely course of action? CCJ?

                      Is there something I can do if they go down the CCJ route? E.g. Start an IVA? Agree a payment plan? etc.
                      There are two things they could try to do. One is to issue a claim in the county court, and the other is to issue a statutory demand under the Insolvency Rules, which would allow them to petition for your bankruptcy.

                      If they issued a court claim, I would submit a defence. On this forum, the case would be moved to the secured area where it cannot be seen by anyone, including registered members of the site, who doesn't have the password. You would be able to get help with defending the case.

                      The CCJ would only be granted if the case was lost, and a charging order can only follow a CCJ.

                      If they issue a statutory demand, I would apply to have it set aside. In this case, the thread would also be moved to the secured area, and you would get help with filling out forms 6.4 and 6.5, which you use to apply for set aside.

                      SH

                      Comment

                      • #12
                        Re: What happens next???

                        In both cases would I receive notice of this first?

                        Comment

                        • #13
                          Re: What happens next???

                          Originally posted by lloydjones View Post
                          In both cases would I receive notice of this first?
                          Yes, in theory.

                          When a claim form arrives on the mat, you can go online and acknowledge service, giving yourself 28 days in which to file a defence. The claimant should send you a letter before action in advance of this happening, but that is not guaranteed to happen.

                          One of the absolute worst features of civil law in this country is that claim forms are sent through the regular post with no method of recording the delivery, nor of making sure that the defendant is even aware of the claim. In any civilised country, there would be laws in place making sure that a defendant always had the right to defend the case, but there are no such laws in modern Britain. Unscrupulous creditors deliberately exploit this by sending claim forms to the wrong address to obtain judgment in default. Read the Mortimer Clarke section of the Consumer Revenge site which is allied to this one.

                          This still happens in a relatively small percentage of cases, but obviously the percentage should be zero.

                          A statutory demand can arrive without warning, and you will have 18 days in which to apply for set aside. It is not a complicated procedure, but it is best to be aware of it in advance.

                          Prepare for the worst, but hope for the best.

                          SH

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