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Help with Unenforceability [UPDATED 01/2020]

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  • Deepie
    replied
    Re: Help with Unenforceability

    Originally posted by Aile5 View Post
    Hi NID

    After all being quiet for a while, sent off enough is enough and today received letter saying once again Westcot is going to contact their client with regards to my letter and get back to me yet again!What should I do now? thanks once again.
    Aile
    Just ignore see what they do next

    Leave a comment:


  • Aile5
    replied
    Re: Help with Unenforceability

    Hi NID

    After all being quiet for a while, sent off enough is enough and today received letter saying once again Westcot is going to contact their client with regards to my letter and get back to me yet again!What should I do now? thanks once again.
    Aile

    Leave a comment:


  • di30
    replied
    Re: Help with Unenforceability

    Originally posted by Never-In-Doubt View Post
    None whatsoever as s.127 was repealed for anything before April 2007 so forget UE, in that respect!

    Obviously I'll not reply regards email, as it will be enforceable.

    lol, cheers Niddy.

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Help with Unenforceability

    Originally posted by di30 View Post
    Right, all this is new to me and still trying to work it out, as many of you know PPI is more my subject.

    What are the chances of a 2007 credit card agreement being unenforceable? My hubby's is signed and dated 14 Sept 2009, its an active account.

    Niddy, have send you this one I think yesterday, send after the lloyds loan agreement.

    Cheers.
    None whatsoever as s.127 was repealed for anything before April 2007 so forget UE, in that respect!

    Obviously I'll not reply regards email, as it will be enforceable.

    Leave a comment:


  • di30
    replied
    Re: Help with Unenforceability

    Right, all this is new to me and still trying to work it out, as many of you know PPI is more my subject.

    What are the chances of a 2007 credit card agreement being unenforceable? My hubby's is signed and dated 14 Sept 2009, its an active account.

    Niddy, have send you this one I think yesterday, send after the lloyds loan agreement.

    Cheers.

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Help with Unenforceability

    Originally posted by Aile5 View Post
    Hiya
    Ok just updating, as you said I sent nothing to them. Just received a letter stating in big red header FINAL NOTICE. Pay full amount within 10days or collection activity will resume which will result in doorstep visit or legal action. Any advice on what to do now? Thanks again
    Aile
    Send one of these: ---> Threat by Creditor - Enough is Enough Response
    Last edited by AAD-LinkEditor; 4 January 2012, 05:25. Reason: link replacement

    Leave a comment:


  • Aile5
    replied
    Re: Help with Unenforceability

    Hiya
    Ok just updating, as you said I sent nothing to them. Just received a letter stating in big red header FINAL NOTICE. Pay full amount within 10days or collection activity will resume which will result in doorstep visit or legal action. Any advice on what to do now? Thanks again
    Aile

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Help with Unenforceability

    Originally posted by Aile5 View Post
    Hi NID
    Havent been on for a while, as have been away but have come back to a letter from Westcot. My last letter to them was account sold in dispute, they have now said after speaking with their client HBOS that they have stated all info wast sent to me in Nov 2009, I need to pay within 14 days or a/c being passed back to collections again. This is the 3rd DCA. What letter should I send now? Thanks again

    Aile5
    Nothing - see what they do next.

    Ignore

    Leave a comment:


  • Aile5
    replied
    Re: Help with Unenforceability

    Hi NID
    Havent been on for a while, as have been away but have come back to a letter from Westcot. My last letter to them was account sold in dispute, they have now said after speaking with their client HBOS that they have stated all info wast sent to me in Nov 2009, I need to pay within 14 days or a/c being passed back to collections again. This is the 3rd DCA. What letter should I send now? Thanks again

    Aile5

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Help with Unenforceability

    Originally posted by Henryhatter View Post
    Hi Niddy, I am new here. Just registered today, but followed you sometime ago on another site. The reason being I had been made redundant and was looking at all the options as to what to do with my debts (credit cards, loans). Since then, I decided to see if I could cope by living off credit whilst I looked for other work. I did find a few different jobs and was able to pay my bills but continued to use the credit to live on. As would be expected, I am now reaching the end of my credit and have decided to go with the UE route. The reason being - I don't want to lose my house. My OH works and so we are able to pay basics such as mortgage, CT, etc etc and food. However, there wouldn't be much left for any payment plans! I think most of my CC agreements were prior to 2007 but cannot be sure if all are. I was thinking of claiming on the ppi thingy, but not sure if I can do that, whilst starting this route. I am trying to find my way around this site, and will start a diary as soon as I get to grips with how to do that. Thanks to you and your volunteers in advance.
    Originally posted by in 2 deep View Post
    See here ---> HenryHatter's UE Diary

    Leave a comment:


  • Deepie
    replied
    Re: Help with Unenforceability

    Originally posted by Henryhatter View Post
    Hi Niddy, I am new here. Just registered today, but followed you sometime ago on another site. The reason being I had been made redundant and was looking at all the options as to what to do with my debts (credit cards, loans). Since then, I decided to see if I could cope by living off credit whilst I looked for other work. I did find a few different jobs and was able to pay my bills but continued to use the credit to live on. As would be expected, I am now reaching the end of my credit and have decided to go with the UE route. The reason being - I don't want to lose my house. My OH works and so we are able to pay basics such as mortgage, CT, etc etc and food. However, there wouldn't be much left for any payment plans! I think most of my CC agreements were prior to 2007 but cannot be sure if all are. I was thinking of claiming on the ppi thingy, but not sure if I can do that, whilst starting this route. I am trying to find my way around this site, and will start a diary as soon as I get to grips with how to do that. Thanks to you and your volunteers in advance.
    Have a look here >Unenforceability Diaries - Read me First!

    Leave a comment:


  • Henryhatter
    replied
    Re: Help with Unenforceability

    Hi Niddy, I am new here. Just registered today, but followed you sometime ago on another site. The reason being I had been made redundant and was looking at all the options as to what to do with my debts (credit cards, loans). Since then, I decided to see if I could cope by living off credit whilst I looked for other work. I did find a few different jobs and was able to pay my bills but continued to use the credit to live on. As would be expected, I am now reaching the end of my credit and have decided to go with the UE route. The reason being - I don't want to lose my house. My OH works and so we are able to pay basics such as mortgage, CT, etc etc and food. However, there wouldn't be much left for any payment plans! I think most of my CC agreements were prior to 2007 but cannot be sure if all are. I was thinking of claiming on the ppi thingy, but not sure if I can do that, whilst starting this route. I am trying to find my way around this site, and will start a diary as soon as I get to grips with how to do that. Thanks to you and your volunteers in advance.

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Help with Unenforceability

    Friendly bump back to the top!

    Leave a comment:


  • garlok
    replied
    Re: Help with Unenforceability

    Thats fine Niddy. I thought that a few notes on the subject would provide a little more clarification for those starting out on these things and often clarity comes from "straight talking"

    Thanks
    regards
    Garlok

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Help with Unenforceability

    Originally posted by garlok View Post
    Hi Niddy,

    Where do you stand on the basis of no compliant paperwork being held by a creditor in contravention of the Statute Law embodied within CCA1974/2006 and the Statutory Instruments of the 1983 regulations and the copies of Docs regulations?

    Breach of Statute Law has to be illegal. Statute cannot even be overturned by the Supreme Court.

    Secondly, we have a raft of legislation daily being contravened by the DCAs AND their legal people. daily we have the Tort of Trespass and aggravated trespass (criminal at this point) section 1 of the Protection from Harassment Act 1998, section 40 of the Adminstration of Justice Act 1970 and Consumer Protection from Unfair Trading Regulations 2008.

    Merely unlawful? Its a bit like the argument about should and shall, Oxford English Dictionary defines one as the other. So much confusion exists over this that Statutory legislation often contains definitions of these words and the weight to be attached to each. As I seem to remember in the 1974 Act these definitions do not appear hence section 127 carries more weight.

    regards
    Garlok
    Hiya

    Ok what you're getting at is the more in-depth versions as you're delving deep into the doldrums of the CCA and associated acts! My opinion (which is all it is remember) is that yes, when you are in direct breach of statute then yes it would be construed as illegal but at the point we deal with (daily) on our forum, failure to comply with a CCA request or just sending random junk and messing you about always needs to be referred to as unlawful as the moment you mention illegal, you're making a claim as to your position against that company in question (i.e how would you react if I said you're acting illegally? You'd probably say "prove it"..) If however I said you were behaving in an unlawful manner it's harder for you to ask the same, considering unlawful covers a multitude of things.

    So, to elaborate I personally tend to use the word unlawful in general letters crossing to illegal if and when we prepare court papers....

    Leave a comment:

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