Help with Unenforceability [UPDATED 01/2020]

[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

[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

[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

[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?

[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?

[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

[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

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.

[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?!

[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, 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, ?

[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

[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

[MrsD]

Re: Help with Unenforceability

welcome to AAD

Are you still in the IVA

if not, what happened?

[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.