Help with Unenforceability [UPDATED 01/2020]

[Beauborg]

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!)

[Never-In-Doubt]

Re: Help with Unenforceability

were back and ready to go ...managed to get away camping for few days...so lets go post our diary....

TPP

Thanks for this - your diary can now be found here: ---> the-predator-puppets UE diary

[the-puppets]

Re: Help with Unenforceability

were back and ready to go ...managed to get away camping for few days...so lets go post our diary....

TPP

[the-puppets]

Re: Help with Unenforceability

oh i thought experian was all of it??? so have just done equifax and seen it on line some good pre 2007 dates so fingers crossed !!!! be interesting to compare when we get experians through....count down to diary writing T minus a few days....

TPP

[MrsD]

Re: Help with Unenforceability

just the £61K???

[Never-In-Doubt]

Re: Help with Unenforceability

You will get much better f&fs on your overdrafts once you've concentrated their minds a bit by stopping paying for a while.........honestly!!! Alland's famous £2K for a £10k ENFORCEABLE debt springs to mind. Try to relax, you're in the best possible hands with Niddy.

Remember I also quoted the other day that I recently had £61k written off in totality with HBOS

[Never-In-Doubt]

Re: Help with Unenforceability

Experian

Equifax as well - you need BOTH!

See here to do it online (for £2): ---> #2

[MrsD]

Re: Help with Unenforceability

to be honest, they probably only want you to ring so they can have a bit of a moan about the amount you're paying on the DMP. If you are going to drop out of the DMP, not much point in giving yourself the stress. and 50% is too much if it happens to be UE, 50% too much!

You will get much better f&fs on your overdrafts once you've concentrated their minds a bit by stopping paying for a while.........honestly!!! Alland's famous £2K for a £10k ENFORCEABLE debt springs to mind. Try to relax, you're in the best possible hands with Niddy.

[the-puppets]

Re: Help with Unenforceability

Experian

[Never-In-Doubt]

Re: Help with Unenforceability

Done it - sent off for credit report today - should hear back by early next week. Quick question whilst we wait for details to come through....we wrote to all creditors in the DMP recently to see if they might reduce/stop interest as its been 6 months since we started and a couple have come back with please ring us to discuss and one has offered the opportunity to discuss a reduced F+F which even at 50% we cant afford right now....is it worth pursuing just to see what they say - especially as 2 of them are for overdrawn bank accounts which UE doesn't apply to. Also if I start calling them will they then start calling us again..took a while to get the calls stopped before. Cheers

I'd just sit tight for now - they can wait.... you'll get the reports soon enough, can I check did you do Experian & Equifax? No need for Call Credit, its the other two that matter here.....

[the-puppets]

Re: Help with Unenforceability

Done it - sent off for credit report today - should hear back by early next week. Quick question whilst we wait for details to come through....we wrote to all creditors in the DMP recently to see if they might reduce/stop interest as its been 6 months since we started and a couple have come back with please ring us to discuss and one has offered the opportunity to discuss a reduced F+F which even at 50% we cant afford right now....is it worth pursuing just to see what they say - especially as 2 of them are for overdrawn bank accounts which UE doesn't apply to. Also if I start calling them will they then start calling us again..took a while to get the calls stopped before. Cheers

[the-puppets]

Re: Help with Unenforceability

Ok folks, thank you. Will be sending for credit report today to get details needed - then will start diary and take it from there.

Puppets

[Never-In-Doubt]

Re: Help with Unenforceability

Hi Niddy,

Have been reading through your excellent advice pages and the UE diaries and am seriously considering this route as we owe approx £85k to 9 creditors and are currently on DMP (6 months in) and paying out over £1k a month to keep the predators at bay. Only a couple have stopped interest so the 6 year plan is looking less and less likely. As I understand it we can't use the UE on bank overdrafts and UE is more likely pre 2007 set up. Before starting a diary and taking the plundge can you advise how to start things off? Think I spotted something on here about finding out if accounts are default/arrears/up2date- but now cant find it again - how do we find out?? Then is it better to stop paying our DMP now or wait til we find out the default situation first...think I know what your answer may be but just to be sure as feeling a little nervous as we have just the hang of the whole DMP stuff and stopped phonecalls, doorstep collectors etc. Seems like this UE option involves lots of correspondance but am prepared for that with the support you and your forum posters are offering. Look forward to your response and hopefully taking that plundge...toes are definately in the water!!!
The Puppets

Hiya & Welcome

Ok, first things first it'd be best to start a diary and then provide the following info (its the same link as Mrs Dopey posted) :---> #2

Do not cease any DMP payments yet, wait until you've provided the info above then i'll come back to you and answer each post, with detailed info of what you can do/expect etc......

However, regards to your query of status (defaulted/upto date etc) this can be established by getting a copy of your credit report, by previous letters or by asking the creditor! The way I establish this, is by the date you last paid the actual amount due and what you've done since then, so for example if you last paid the normal premium in January 2010, then missed 10 payments, then went onto a DMP the chances are you'll be defaulted already - of those that you're not, we need you to be (as when the account is with a DCA interest and charges cease, so long as an account stays with the lender, they will keep adding interest and charges)....

Hopefully the above two links will help you get started, however spend time reading diaries as well, Pixie & Allan are good choices but most of them are active and filled with similar concerns as yours....

yes, you'll get hassle but if we stop it early then it'll stay stopped - put simply, we start by removing all numbers so snail mail is the only form of contact, this may mean changing your landline - a small price to pay for peace & quiet

[MrsD]

Re: Help with Unenforceability

http://forums.all-about-debt.co.uk/showthread.php?t=5

If you read all of the above thread, it'll get you started.

[MrsD]

Re: Help with Unenforceability

Hi There

welcome in to the Orange side from the the Paddlers!!

What we need you to do is give us a list of the debts, amount, who, and rough dates. You are right UE only applies to those debts taken out prior to April 2007, so anything after that will probably be enforceable. We need you to read all the info here, as you've worked out your DMP probably won't finish on schedule and even if it does you've still got another 6 years until your credit record clears. UE isn't an easy option but personally we were the same place as you just a year ago, huge debts, paying out a fortune to the DMP and still some of the creditors weren't playing ball, we've made good progress in just a year. Hasn't been without its terrifying moments but we're through them for the moment and looking at more than a third admitted UE by the creditors. You will receive unrivalled support here through your diary, loads of peeps going through the same thing, including most of the mods, so we absolutely know how it feels. It means getting your life back and its a huge learning process, the creditors can't do very much and the trick is to learn what is stupid senseless bluster and where the real (if any) threats lie and meet them head on. Niddy is the rock, so have a good solid read, try a couple of diaries from the getgo, Alland's is good, as is Pixie's, read it all then read some more and then come back with the info we need and let's see what you think.

Feel free to ask as many questions as it takes!

Dopey