Unenforceability - questions from a newbie....

[huskie]

Hi All

I'm still pretty new to this site and to the intricacies of consumer credit law.

Having recently reviewed my credit file I'm trying to clean it up. I've satisfied a £500 CCJ that was issued October last year and I've got another 3 debts to work on.

The first has been mentioned on this thread. I haven't decided to what to do with this one yet.


The other two are as follows:



Cabot Financial (Uk) LTD

£ 1,293

31/07/2013
Default

---

Name
huskie

Address
(my previous address from 2 years ago)

Date of birth
xxxxx

Account type
Credit Card

Account number
************

Account start date
07/12/2005

Opening balance
£ 1,230

Repayment frequency
Monthly

Date of default
30/09/2008

Default balance
£ 1,230







I'm 90% certain this debt was originally owed to Vanquis. I have the credit agreement (generic CCA) which was emailed to me when I originally signed the agreement back in 2005.
I've read that DCA have had difficulties in enforcing debts where the CCA was signed before April 2007 although I can't quite get my head round the legal jargon (improperly executed etc)? Anyone able to clear this up for me? I'm fairly certain the default date is correct. Should I just wait it out for another year on this one?



The final debt which I'm fairly certain is unenforceable is:

Mkdp Llp

£ 3,297

20/08/2013
Default

---

Name
huskie

Address
Old address from 4 years ago

Date of birth
xxxxxxx

Account type
Unsecured Loan

Account number
**********

Account start date
08/09/2006

Opening balance
£ 3,277

Repayment frequency
Monthly

Date of default
05/01/2010

Default balance
£ 3,277






I have a feeling this is for a debt I owed to Welcome Finance (a £3000 loan). The account start date is listed as 08/09/2006 and as far as I can recall, not a single payment was made on this account and the default would have come into effect within 6 months of the date on the CCA. I know for a fact that legally, this debt is statute barred and therefore unenforceable, however, MKDP have listed the date of default as 05/01/2010. Firstly, how do I play this one? I don't have an account number or reference number for the account. MKDP had recently sent me a settlement offer at 10% of the outstanding amount. I chucked it in the bin (this is before checking my credit file). What I want to establish is when the CCA was signed and then the first default was actually issued (have Welcome finance gone under now?). Do I contact them for more information? In doing this, does it automatically suggest that I own the debt?

Any ideas and suggestions greatly appreciated, and I apologise in advance if I don't fully understand what you're trying to explain to me - veterans, please be patient with me - I'm new to this game and under a lot of pressure to do the right thing with the least amount of expense!

TIA

Huskie

[SXGuy]

Re: Unenforceability - questions from a newbie....

Regarding the first debt, you say they sent you an agreement via email in 2005, was this signed digitially, online??

Regarding the second debt, the default date should reflect when the account was actually defaulted, when a lender sells the debt on, a new default is added but should also carry the same default date. Creditors sometimes dont actually register a default when they should, and it could be the agreement was not terminate until sometime after the default date listed, this needs to be clarified before seing if it can be removed.

Regards the second, If you are certain its statue barred, then you should tell them this, you can send the statue barred template letter, but i cant actually find it at the moment, hopefully a mod will be around to point you in the right direction.

[Never-In-Doubt]

Re: Unenforceability - questions from a newbie....

Regards the second, If you are certain its statue barred, then you should tell them this, you can send the statue barred template letter, but i cant actually find it at the moment, hopefully a mod will be around to point you in the right direction.

--> http://www.all-about-debt.co.uk/inde...ngland-6-years

[huskie]

Re: Unenforceability - questions from a newbie....

Regarding the first debt, you say they sent you an agreement via email in 2005, was this signed digitially, online??

I think this agreement was just a standard T&C on confirmation that my application had been accepted. I can't remember if it was signed formally, but if it was it would more than likely have been via post with ink signature.

Regarding the second debt, the default date should reflect when the account was actually defaulted, when a lender sells the debt on, a new default is added but should also carry the same default date. Creditors sometimes dont actually register a default when they should, and it could be the agreement was not terminate until sometime after the default date listed, this needs to be clarified before seing if it can be removed.

I understand the onus is on them to prove liability of the debt. With this being the case, before sending off the SB letter, should I first send off for the original CCA or make a SAR (does SAR include CCA?) along with dates of default and proof of payment etc? Again, I'm fairly certain this is statute barred but as I have no documentation to back this I'd like to be sure that the CCA was signed back in 2006 and that I've not made any payments or admitted liability of the debt in the last 6 years.

[SXGuy]

Re: Unenforceability - questions from a newbie....

Ok, someone else with more knowedlge may correct me but.

A SAR will only bring back information they hold on you, they wont have a CCA agreement without a Request for one, because the CCA is not given to a DCA when a debt is passed on, only your info and amount outstanding, so a SAR to a DCA will bring back nothing of importance, if you want to find out when the last payment was made a SAR should be sent to the original creditor.

Also note, that a SAR doesnt always bring back a CCA if they dont have it anymore.

The point about sending a CCA Request is, it gives you protection from enforcement, while they try to obtain it, or cant provide it, without the request in place, they can issue proceedings whenever they wish to.

So if you are not certain when the debt was last paid, i would consider sending a CCA Request to who ever is chasing you for the debt, and if you need to know when the last payment was made, send a SAR request to the original creditor.

Another note to mention, if it is indeed 6 years since last payment, then the original creditor may not even hold any info relating to payments anymore, so its the chance you take.

You are correct that the onus is on them to prove that the debt is not statue barred, which is what they would try to do, once they received your letter regarding it being statued barred, so its up to you how you wish to play this. All depends how certain you are.