Help with Unenforceability [UPDATED 01/2020]

[cardiac arrest]

Re: Help with Unenforceability

It's a pity we can't just cut through all the 'waffle' and get them to answer honestly...do you have all the bits you need...like, straight up guv', no bullshit. If they say yes, then found out to be wrong..bam! lose case, costs against and a fine equivalent to the sum of both amounts...or they can admit no we don't, in which case it's a simple case of...okay, let's call it a draw then mate..end of..write off/closed.

As it is, the law is playing games, like chess...your move, my move...Why they can't just cut to the chase and pass a law that requires 'honesty'..would save a fortune..and a lot of anxiety..court time..etc

Dream on....

[Exclus]

Re: Help with Unenforceability

CAPS ESC,
I would read the sticky entitled:
PRIORITYONE & CPUTR 2008

Most companies do not reply to this request, which gives you a good idea that they do not in fact hold any enforcible agreement

[Pixie]

Re: Help with Unenforceability

Of course they're likely to argue that they don't need one! You can hardly expect to get a straight and honest answer from them, can you?

[CAPS ESC]

Re: Help with Unenforceability

Hi Niddy and all

Using this site I have already had a success with egg(barclaycard) admitting UE and haven't had to bother you personally yet.
Halifax CC are making a stand though. I know that I can forward to you their so called fullfillment of my CCA request, (t&c & original application from 1996) for personal advise but rather than argue with them, can I just ask them the question
DO YOU ACTUALLY HAVE A SIGNED AGREEMENT? Which they clearly don't or they would have sent it.
ps are they likely to argue that they don't need one?

[SXGuy]

Re: Help with Unenforceability

if you are worried about the CCA Request, send a chaser recorded delivery.

http://www.all-about-debt.co.uk/temp...lity/s1-t2.php

Dont want to hijack someone elses thread, so please post any questions in your own diary and we can help

[InDeepDebt]

Re: Help with Unenforceability

^^

Ha Ha, my past catches up on me.

Just reading through this thread at the moment - I may be a while - I'm up to 6th November 2010 so far. So, 25 months to go.

Thanks for the replies so far, btw.

Jim

EDIT

06:26

Finally read all the posts in this thread (well, most of them). Gave me a lot of confidence. Going to start on the 'Read me first' post of the diaries next followed by some of the actual diaries.
I'll update my diary soon - maybe tonight or tomorrow with what I've done so far. My only regret is the letter that I sent from the National Debt Helpline site was not sent recorded.

BTW, can I say what a wonderful site this is. There are many people on here putting in a lot of effort and it is much appreciated by people like me who are trying to get my life back in order after being strangled by debt for so long. Cheers

[IF]

Re: Help with Unenforceability

Hi Mrs D, InDeepDebt diary is here and that was 2 years ago, so think it need updating eh?

Click on link below:

------> InDeepDebt's UE Diary - allaboutFORUMS

[MrsD]

Re: Help with Unenforceability

Afternoon all - hope everyone is well and enjoying the lovely cold weather.

I have a question (or two). I'm sure that the answers will be in this thread and I will have a trawl through later.

My wife took out a credit card with L1oyds in about 1990. Through various reasons, we found that we could no longer pay the minimum payments on this card or our others in about 2009. We've been doing reduced payments since.

This card has a balance of about £10k - of which about £1k is PPI. We've been paying a severely reduced amount to it for almost three years (£10 a month). Last month, we got a letter advising that the debt had been sold to carb0t. Also got a letter off carb0t. Carb0t have also tried to contact us by phone on numerous occasions by phone - presumably to get us to up the payment. We have ignored the calls. On Friday gone - I sent off a CCA request using the template letter from the National Debt Helpline website. As that was only a few days ago, we've heard nowt back. Sent the letter to Carb0t.

So, onto enforceability and what not. As the card was taken out over twenty years ago in a different name and about six house moves ago, I am assuming that L1oyds will be unable to find the original CCA or reconstitute a copy. What are the implications should there be no copy? Is it still a case of sit tight and ignore the calls and letters? Will they take us to court to try to get a court order? If they can't find a copy, is there any sense in trying to get them to accept a severely reduced (say 10%) F&F offer in order to draw a line under it - that would be my preferred option. I realise that this isn't the usual approach but I would prefer to get rid of the debt rather than just having it floating around in limbo for six years.

I'll have a good nosey around the forum tonight when I have more time. It would just be good to know what we're going to be up against in advance and how to minimise the pain that they (carb0t) may try to inflict on us.

Many thanks in advance

InDeepDebt (Jim)

I would start a diary, we can't guess what will happen until they have attempted to produce some paparwork as every case is different.
Cabot should have the necessary paperwork, but lloyds aren't the greatest of housekeepers so it is possible nothing will be forthcoming, however that doesn't mean they won't chase you for it.

Have a really good read around, read some of the diaries and then start a diary then chill a bit and await developments (be prepared for a long wait)

[gravytrain]

Re: Help with Unenforceability

Have you had a look at reclaiming your PPI, only 1K I know but contractual interest over 10 years may knock a hole in the debt

[ken100464]

Re: Help with Unenforceability

A good read of this thread and then a diary is in order methinks.

Its difficult to advise on little info. I fell for that and wasnt open enough.

There are many terrific posters on here who will be able to help

Good luck.

[InDeepDebt]

Re: Help with Unenforceability

Afternoon all - hope everyone is well and enjoying the lovely cold weather.

I have a question (or two). I'm sure that the answers will be in this thread and I will have a trawl through later.

My wife took out a credit card with L1oyds in about 1990. Through various reasons, we found that we could no longer pay the minimum payments on this card or our others in about 2009. We've been doing reduced payments since.

This card has a balance of about £10k - of which about £1k is PPI. We've been paying a severely reduced amount to it for almost three years (£10 a month). Last month, we got a letter advising that the debt had been sold to carb0t. Also got a letter off carb0t. Carb0t have also tried to contact us by phone on numerous occasions by phone - presumably to get us to up the payment. We have ignored the calls. On Friday gone - I sent off a CCA request using the template letter from the National Debt Helpline website. As that was only a few days ago, we've heard nowt back. Sent the letter to Carb0t.

So, onto enforceability and what not. As the card was taken out over twenty years ago in a different name and about six house moves ago, I am assuming that L1oyds will be unable to find the original CCA or reconstitute a copy. What are the implications should there be no copy? Is it still a case of sit tight and ignore the calls and letters? Will they take us to court to try to get a court order? If they can't find a copy, is there any sense in trying to get them to accept a severely reduced (say 10%) F&F offer in order to draw a line under it - that would be my preferred option. I realise that this isn't the usual approach but I would prefer to get rid of the debt rather than just having it floating around in limbo for six years.

I'll have a good nosey around the forum tonight when I have more time. It would just be good to know what we're going to be up against in advance and how to minimise the pain that they (carb0t) may try to inflict on us.

Many thanks in advance

InDeepDebt (Jim)

[Spent2much]

Re: Help with Unenforceability

Yes and no. Creditors can chase you for the whole 6 years but in most cases their contact gets less and less frequent as time goes by, to the point where you may not hear from them in years! For example in my case, I haven't heard from anyone regarding RBS since January and MBNA only contact me every Xmas - they replied to my letter of Dec 2010 in Dec 2011 and haven't heard a peep from them since.

So, although in theory collection activity continues, it often grinds to a halt for long stretches of time.

I know you say you haven't got time at the moment to do a lot of reading, but when you get a free moment, do take a look at the 'old timers' diaries, you will notice very little activity there. Mine hasn't been updated since January!

thank you flowerpower i will pass this onto hubby at work

[Spent2much]

Re: Help with Unenforceability

sorry if this queston has been asked many times, but my hubby has asked me to ask a question, i haven't got time to read through the whole thread that might answer the question so please forgive me for asking .

When a debt is unenforceable do we have to keep playing ping pong for six years until it becomes statute barred , basically what is the procedure please and thank you .

[Never-In-Doubt]

Re: Help with Unenforceability

Hiya

Have you seen this?

--> 1st Credit Threat | HBOS Mass Assignment - allaboutFORUMS

Follow that so yes send a normal cca request

[Aile5]

Re: Help with Unenforceability

Hi N-I-D
Yes its 1st credit. I have never sent 1st credit a cca request. I hadnt heard anything since last year then last month got an NOA from 1st credit. so i asked on here what should i do and sent off account in dispute and today have received supposed statements of my account. So should i still send the cca req final response or just a general cca request. Thanks again