Unenforceability Help Required

[kamba]

Re: Unenforceability Help Required

Guys stumbled on something else also

the terms Halifax state are correct advise late payment fees of £25

However looking at historical late penalties they charged £12 so this makes there t&c even more confusing

this surely makes them unenforceable also?

[Undercover Elsa]

Re: Unenforceability Help Required

Any such anomalies will help. Halifax never admit they're wrong. They are a shambles!

[Never-In-Doubt]

Re: Unenforceability Help Required

The late payment fee was around £25 until about 2007 - when did it commence?

[kamba]

Re: Unenforceability Help Required

Card was taken out in 2005

ill have to check dates of charges when get home

[kamba]

Re: Unenforceability Help Required

just an update still awaiting wescott to get back to me they have written to me to advise still ongoing with Halifax

[kamba]

Re: Unenforceability Help Required

Ok Westcott advise Halifax have rejected my offer

historically Westcott offered a f&f of £600 for a £1950 debt

i have basically written back saying account still in dispute however, may consider £600 at £1 a month

also told them if they not happy account is still unenforceable

[kamba]

Re: Unenforceability Help Required

**BUMP**

any advise guys

[Never-In-Doubt]

Re: Unenforceability Help Required

Yea - ignore for now

[kamba]

Re: Unenforceability Help Required

Wescott have offered a Partial settlement and wipe the rest of debt off

offer is within what i believe i owe so may just take them up on the offer

what are you thoughts guys?

have stated that I want in the letter confirmation that this is a partial settlement and remainder will be written off with no other parties chasing for debt in future and my credit file marked as satisfied


to be honest maybe quick way out but this is the last debt i have and will be debt free after this

[Enforcer]

Re: Unenforceability Help Required

I would not offer them a penny. They know it's unenforceable. Why pay?

[kamba]

Re: Unenforceability Help Required

Guys I understand debt in unenforceable however, I have only been persuing on UE route as Halifax never froze interest so debt never cleared whilst I was on a Debt Management Plan

my Debt was approx £1950 and I paid approx £1500 during the DMP but Halifax still stated I owe £1950

I have been fighting stating that I am happy to pay what I owe approx £450 but they never agreed so been fighting the UE route until they break

now I know I could just carry on for the UE route and pay nothing however, I have the following points to address to why I think I should just get it over and done with

1) Have newly become a father and thats enough stress on its own
2) In future wish to take out a mortgage and my mortgage adviser has stated that I maybe eligible for mortgage due to salary even with my defaults if this debt is cleared (mortgage will probably be at a higher rate than normal)
3) funds are available to clear this amount
4) I have been fighting stating £450 is what I owe for past 2 years and now they have come to an agreement of £580 so thats close to what i believe

Please could you guys check the letter they have sent me for the settlement and see if its legit and if I pay Halifax or no one else will chase for the debt

I understand that my debt will be marked as partially settled but i am ok with that as all my other historical debts are marked as partially settled on my credit file


Also what is best method to pay if all is ok? Cheque or Card>>>???

Thanks

[kamba]

Re: Unenforceability Help Required

[The Tech Clerk]

Re: Unenforceability Help Required

begging letter

[kamba]

Re: Unenforceability Help Required

Yeah I know begging letter

But if I pay is there anything in the letter which could make them chase remainder in future

Or will I be covered for any future disputes should they decide to chase in future

[cymruambyth]

Re: Unenforceability Help Required

I would not pay, if they are offering such a big discount then they know that it is unenforceable. I think that if you do want to pay you need to barter. They are asking you to pay more than you owe. They are not going to show debt as cleared, just a partial. Niddy is back this weekend, I would wait a few days for him to deal with all the stuff that will be waiting for him and then see if he can help with a letter.
personally I would only offer about £200 and want to have the debt show as paid.