Help with Unenforceability [UPDATED 01/2020]

[Pixie]

Re: Help with Unenforceability

Hi Aile

Don't panic - that's exactly what they want you to do! I had one of those 6 months ago - haven't heard anything from them since.

Send the Account sold while in dispute template letter. Remember to edit where needed.

[Aile5]

Re: Help with Unenforceability

Hi

Ok, so have received letter from westcott. Big red header on letter Stating that payment needs to be received and contact them asap or further recovery action will be taken. Help please. thanks

[Never-In-Doubt]

Re: Help with Unenforceability

Easy!! Don't you worry

[Aile5]

Re: Help with Unenforceability

Hiya

ok thanks. Know their number so let it ring off. Oh NID that sounds ominous, what are they like to deal with? lol

cheers

[MrsD]

Re: Help with Unenforceability

I would just ignore the calls until they write, which no doubt they will eventually!

[Never-In-Doubt]

Re: Help with Unenforceability

Yea just try and ignore their calls....

Round 150 will be fun if it's wescott

[Aile5]

Re: Help with Unenforceability

Hi NID

Just a quick update basically. Capquest sent letter after the last one you told me to send them stating they have closed their account. Have been having 2 calls a day now from Westcot obv been passed to them, leaving messages to contact urgently. Havent had any letters just yet. Should I just leave it until they write? thanks

[MrsD]

Re: Help with Unenforceability

they buy accounts for pennies and then hope to terrorise you into paying, so yes you're right they are fools, bigger fools than they actually know yet though!

I think I may be on 5th/6th DCAs with some of them, so don't worry, we do have templates for every daft letter we need to reply to.

[jadex]

Re: Help with Unenforceability

Thanks for the answer.
I know the account is passed back and forth and was contacted by more than a few DCAs regarding that account.
My concern is now they have actually sold the account to MKDP.
MKDP is not acting (or will not, as haven't heard from them yet) on behalf of Barclaycard. They (MKDP) now own the account (which I think is stupid business decision from them as am not going to pay them a penny unless they get Court Order, as I have nothing anyway).
So Barclaycard and their DCAs will no longer bother me.
But I suppose Barclaycard conveniently kept the info about me deeming account as UE and lack of CCA to themselves. Wonder why MKDP has actually bought an account without CCA...
But will wait for contact from MKDP and then hit them with the news.

[diddlydee]

Re: Help with Unenforceability

Hi Jadex.

If you have already applied for the CCA, and it has been deemed UE, then you do not need to revisit that action.

Basically, we fend off any incoming mail with a suitable template. You may find that your UE debt will be passed from pilar to post, with correspondence coming at you from several companies as it gets passed around; just update once you receive a letter, and you will be best advised on how to react to it.

Hope that helps for now.

Diddly x

[jadex]

Re: Help with Unenforceability

Just got letter from Barclaycard:
Looks like my UE account has been sold to company named: MKDP LLP.
Wise business decision from MKDP to buy something they will not be able to profit from.
If they contact me, should I start with CCA querry again or just update them about my side story - got through the whole process to make account "stalemated" about year ago.

[Never-In-Doubt]

Re: Help with Unenforceability

This is my first post here so I hope this is the right place to start. Can anyone please help?

My problem is:

• I have a credit card debt of around £5K which I defaulted on over 10 years ago.

• I had been paying a nominal sum of £20 per month over several years (to Wescott) but stopped about a year ago and didn't hear anything about it.

• On the 10th May I received a letter from Credit Security chasing the debt. I presume they had bought the debt from Wescott?

• I replied with a template letter stating 'debt not acknowledged' and requesting copy of original agreement etc.

• On the 10th June I received a reply stating a copy of original Credit Agreement not available as account was originally opened in 1992. But it also stated that since payments have been made by me to the account, liability has been admitted.

Can they insist I repay the debt without an original Credit Agreement?

Incidentally, the payments were made came from my wife's bank account (and the debt was not hers). Does this change anything?

How should I respond?

I'd be very grateful for any advice anyone can offer.

(Please forgive me if this is the wrong place to post!)

Hiya

As diddly has said, forget statute barred - that doesn't matter too much. As they cannot find the CCA if anyone hassles you too much come back and let us know as we have a template for that - just keep that letter confirming no CCA extremely safe as you need it to photocopy and send to people that hassle you.

Ok, one thing that has been missed - did you have any PPi on the policy, that you recall or can find on a statement, ie payment protection insurance?

If not, no worries - if so then we could look to do a reclaim and close this once and for all.....

[diddlydee]

Re: Help with Unenforceability

Hi Beauborg.

Personally, I would ignore their letter for now. The rules of statute barred do not apply at this time as you were maintaining payments up until a year ago, so you have another five years to go before they HAVE to leave you alone!

If they write back to you chasing payment, ring you, call at your doorstep or pass the debt onto another agency, then we'll advise you on which template to use.

The debt doesn't "go away", but with the letter that you have confirming lack of CCA, they cannot enforce payment of it.

Hope this makes sense?

I don't know where you found that template previously used, but you have found the right place now for any future enquiries. If in doubt, just shout........ we are all here to help.

Diddly x

[Beauborg]

Re: Help with Unenforceability

Thanks Diddly for your response, it is very reassuring to hear your comments.

I have one further question.

Perhaps it would help if I clarify what I said in my original letter to them. It was a standard template letter - I can't even remember where I found it - sorry!

Dear Sir/ Madam

You have contacted me regarding the accounts with the above reference numbers, which you claim is owed by myself. I have no specific knowledge of these debts.

I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

Unless you can provide evidence of written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed. If you do not supply such confirmation, I will be making a complaint to the statutory authorities.

I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreements you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee, made payable to Credit Security Ltd.

2. A signed true copy of the deed of assignment of each of the above referenced agreements that you allege exist.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

I probably said the wrong thing since I have acknowledged the debt by making payments!

So my question is: Do I reply to their letter? Or ignore it for now? If I reply, which template letter should I use?

[diddlydee]

Re: Help with Unenforceability

Hello Beauborg, and welcome to our forum.

Firstly, you have posted in the correct place, so no worries, but even if you hadn't it wouldn't be a problem as we could just move it for you.

The fact that you have a letter stating that they are unable to produce your credit agreement is excellent news; keep it very safe as you'll need to copy it in the future to send with future letters to debt collection agencies.

What they are able to do is write to you, phone you and send people to your door - but we can help you along the way with templates to tell them in no uncertain terms to bog off.

What they won't be able to do is take you to court - and that is the important part!
This debt, by their own admittance, is unenforceable. It doesn't matter whether you have made payments to them, what unenforceability means in laymans terms, isn't whether you took out a debt and serviced that debt, but whether they can enforce it through a court..... and without a credit agreement (original or reconstituted), they cannot go to court.

I hope that this answers your questions for now.

Do you have any other debts which you are struggling with? If so, it would be worth starting a diary. Please also note that a welcome thread has been started for you, which provides some useful links for you to read up on.

Stay and have a nosey around the site - and if you have any questions, please ask away. There will always be someone around to help.

Diddly x