Help with Unenforceability [UPDATED 01/2020]

[Never-In-Doubt]

Re: Help with Unenforceability

Cheers mate

point to mention, we're not recommending going down the UE route yet for a reason. You have a clean credit record so don't risk losing that by getting smart with UE stuff. Trust me; a default now would be a bummer (if it was under 6 years old of course)...

Just keep playing hide and seek

[StavEllis]

Re: Help with Unenforceability

Ok I'll keep doing that till they threaten, I found it weird that I asked to see the agreement and they only sent the last paragraph that was signed! Hoping they know it's not enforceable and didn't want me to see the t's & C's to confirm! Thank you very much I'll take your advice and come back if anything changes. Thank you again it's a great thing your all doing for people that don't know what to do

[Never-In-Doubt]

Re: Help with Unenforceability

Ok thanks for that. Helps

so you need to start playing the hide & seek game if your credit file is clear. Basically just ignore them now unless they threaten legal action in which case let us know and we'll guide you along.

After 6 years they'll be statute barred so you're half way there already.... Do the same as you have been doing and you'll be fine

[StavEllis]

Re: Help with Unenforceability

Hi StavEllis,

Ok, going on from what you said this should be dead regardless, the fact you've settled it with your IVA says it all, so the key question, do you have your IVA completion certificate? If so then let me know.

When did you last pay into the IVA out of interest? saying "years ago", does not answer me lol - I mean like, in 2008? For example...

I ended it myself mate as I was only paying to barclaycard and a few other minor ones I just contacted them myself and started paying on my own. Payplan had made a few mistakes and I just wanted to take control of it so no Iva completion. Not sure if this was a good decision or not now but you live and learn. Basically mbna stopped taking money as they sold the account on... When I'd left the Iva arrow global contacted me and it's been ongoing me challenging the balance. Last time I paid according to them was 2010 but I'm not sure that's correct as it's been passed from dca to dca for as long as I can remember. Like I said they've given me this rough PDF with lots of errors in it as I've said further up. But I've been doing my current job 3 years and it was well before then I made a payment

[Never-In-Doubt]

Re: Help with Unenforceability

Hi StavEllis,

Ok, going on from what you said this should be dead regardless, the fact you've settled it with your IVA says it all, so the key question, do you have your IVA completion certificate? If so then let me know.

When did you last pay into the IVA out of interest? saying "years ago", does not answer me lol - I mean like, in 2008? For example...

[StavEllis]

Re: Help with Unenforceability

Yes everything else was paid off, Mbna informed me not to make anymore payments to this account as it was being sold. There was barclaycard left who were happy to carry on with my agreement directly rather than through payplan so that's what I did and this was many years ago. It was ages after I left the IVA before another dca piped up about the Mbna debt but I challenged it as it was excessive. They sold it on, rinse and repeat multiple times till Rockwell took it

[MrsD]

Re: Help with Unenforceability

sorry I misunderstood

were these debts in the IVA?

[StavEllis]

Re: Help with Unenforceability

No the IVA finished years and years ago, I have a barclaycard I still pay to which the interest is still frozen in and going down all the time. These guys just sold the account on during the IVA and never heard from them for years. I've been on my credit file and its now registered as fair and no mention of MBNA or these people.

[MrsD]

Re: Help with Unenforceability

welcome to AAD

Are you still in the IVA

if not, what happened?

[StavEllis]

Re: Help with Unenforceability

Hi guys

Last ditch attempt and cry for help. Years ago i was in the military and like any daft young lad getting offers of finance left right and centre I go into lots of debt. I left the military after 6 years and was in and out of work due to the lack of long term work in civilian street in my area. I eventually went with pay plan and got an IVA all creditors agreed to freeze interest and accept payments regarding my circumstances on my income and expenditure sheet. I paid for many years. One debt which was Rockwell decided to sell the debt on, this has happened numerous times. Everytime I challenge the debt (its the wrong balance as its the original one not the one after me making payments) they clam up and another DCA pops up with the same old routine and I rinse and repeat.

Rockwell however are like a dog with a bone. I have challenged it and challenged it. I asked for an original signed credit agreement and all they sent me was a photo copy of the very end of the agreement signed, not all the original t's & c's! I then asked for proof of all the payments ad transactions made on this account to prove the balance. I get a made up pdf very basic chart with payments being made (over 15 apparently all on the same day for 50 odd pounds each which never happened) but even though payments made the balance going up dramatically! I've said no this doesn't satisfy my original question at all. the debt is originally from easily before 2003 before I left the military I'm just not sure what to do regarding it? any help would be greatly appreciated seems serving your country these days just gets you into debt and trouble with little to no thanks.

Steve

[Deepie]

Re: Help with Unenforceability

Hi, I did this and nids said enforceable, but now that the dca has sent the same as the bank but without the page numbers blacked out it seems as if they are relying on two different docs? Two pages from each, one with 3 pages and one with 6 One with date and signature and on other with address and interest rate, ?

If it were me I'd be sending this ---> CCA Query - Missing Prescribed Terms

[Rascaljesse]

Re: Help with Unenforceability

Hi, I did this and nids said enforceable, but now that the dca has sent the same as the bank but without the page numbers blacked out it seems as if they are relying on two different docs? Two pages from each, one with 3 pages and one with 6 One with date and signature and on other with address and interest rate, ?

[MrsD]

Re: Help with Unenforceability

you'd be better sending it to Niddy, then you get the definitive answer!

[Rascaljesse]

Re: Help with Unenforceability

Hi all, could anyone advise on the following please,
if a dca responds to a pre april 2007 cca request, should the the cca contain all of the numbered sheets of paper, (ie) if they had sent you pages 4 of 6 and 5 of 6 and 1 of 3 and 3 of 3 might this suggest that these are from two different documents, ( this is what I'm thinking ) I also received this paperwork from the bank in my sar but I didn't realise this initially as the bank had put a black marker over the page numbers!!!!! I suppose what I am asking is, do the four corners element of an enforceable cca need to be in the same document, as mine appear to be relying on two sets of paperwork?!

[Exclus]

Re: Help with Unenforceability

It's inherent in the breed of a money lenders and debt collectors - they all are holier than thou - then change once they really need to tell the truth to us poor souls, and brazenly lie through their teeth at any opportunity.

It's a good idea about an honesty law........but by this government!! They like leaving the fox in charge of the chicken house.