Help with Unenforceability [UPDATED 01/2020]

[the-puppets]

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

[Never-In-Doubt]

Re: Help with Unenforceability

Hi NID
Havent posted in a while as alls been quiet until now.. Received a letter from capquest stating as they have not received my payment proposals and if not received in 7 days time my a/c will be 'wont pay'. Contact now or failure to respond will escalate the collection process which may include visits. They also offered a reduced settlement figure which is waay to high. I have sent all letters that you informed me to. any ideas what to do now? Thanks for the help would have been lost otherwise.

Send this back: ---> Enough is Enough Template

[Aile5]

Re: Help with Unenforceability

Hi NID
Havent posted in a while as alls been quiet until now.. Received a letter from capquest stating as they have not received my payment proposals and if not received in 7 days time my a/c will be 'wont pay'. Contact now or failure to respond will escalate the collection process which may include visits. They also offered a reduced settlement figure which is waay to high. I have sent all letters that you informed me to. any ideas what to do now? Thanks for the help would have been lost otherwise.

[Never-In-Doubt]

Re: Help with Unenforceability

Understood. I'll get the diary started tomorrow morning.

Cheers mate

[MobyUK]

Re: Help with Unenforceability

Understood. I'll get the diary started tomorrow morning.

[Never-In-Doubt]

Re: Help with Unenforceability

One quick question NID. For various reasons I have missed the last payment which was due on 20th of this month. I was going to pay it today but as I haven't recieved the CCA, should I hold off?

Moby.

I can't say until you give me the details necessary to offer that advice......

[MobyUK]

Re: Help with Unenforceability

One quick question NID. For various reasons I have missed the last payment which was due on 20th of this month. I was going to pay it today but as I haven't recieved the CCA, should I hold off?

Moby.

[Never-In-Doubt]

Re: Help with Unenforceability

Many thanks. I'll have a go at starting a diary.

Moby

Cheers - doing so will benefit you...

[MobyUK]

Re: Help with Unenforceability

Many thanks. I'll have a go at starting a diary.

Moby

[Never-In-Doubt]

Re: Help with Unenforceability

Hi folks. Well I sent the CCA request to MBNA by registered post, guaranteed next day delivery by 1 o'clock, on 7th March and to date I have had no reply.

Why? Just use the orange (cheaper) Recorded Delivery option - NOT Special Delivery! Expensive mistake being you'll be sending 100's of letters back and forth!

I'm assuming that the 14 days have now past.
I did have a call asking if it was me who had sent the letter, because of not manually signing the letter, so I know they received it.

Okies, try and not speak to them on the phone! See this for details :---> #4

I'm assuming, or hoping, that the bank holidays during the period have no effect.

They get 14 days which equates to 2 weeks plus the weekends so it's way overdue now! However all that means is that it is unenforceable until such time they do respond....

If I'm right, do I now send the "CCA Reminder" letter and am I ok stopping payments at this stage.

If you cease payments then they will default you so make sure you know what you're doing, if you read other diaries then you'll get a better idea but because I don't know your full situation I cannot suggest whether you cease payments or not as I don't know anything about you - as per my post to Mike (above); I need you to start a diary and then provide the basic info requested prior to being able to advise what would be best - FOR YOU!

Do not send a reminder, just leave them to respond.... as for payment cessation, please start a diary first!

[MobyUK]

Re: Help with Unenforceability

Hi folks. Well I sent the CCA request to MBNA by registered post, guaranteed next day delivery by 1 o'clock, on 7th March and to date I have had no reply. I'm assuming that the 14 days have now past.
I did have a call asking if it was me who had sent the letter, because of not manually signing the letter, so I know they received it.
I'm assuming, or hoping, that the bank holidays during the period have no effect.

If I'm right, do I now send the "CCA Reminder" letter and am I ok stopping payments at this stage.

Thanks
Moby.

[Never-In-Doubt]

Re: Help with Unenforceability

Hi I am on a dmp through CCCS and have been so for the last 4 years,I have debts with

Lloyds tsb(loan)which has been transferred to Westcot balance c £15k(including ppi which is in dispute this was originally £5580 in october 2003)

Lloyds Tsb credit card personal approx £11000

Egg loan(2006) £10250

Rbs credit card £5669(they have just offered f&f at 75%of this)

Natwest business card £4200 approx (2005)

VW FINANCE £1700 (2004) car written off by son uninsured

can you advise if likely to be enforceable or not many thanks

Mike

Hi Mike & Welcome

Basically each account comes with it's own pro's and con's so to be fair unless you asked for the CCA then it's hard to say - however i'm surprised you've been paying into a DMP for 4 years and still have such high balances, whoever allowed it to go through needs a slap as an IVA/BR would probably have been a better option, 4 years ago when the balances shown were higher!

However, hindisight eh? Moving forward, you may be better setting up your own diary and then see what the CCA's bring, and in the meantime provide me the necessary info which will then help us determine whether you're going to be best continuing with a dmp or considering UE.....

Have a mooch here:---> Unenforceability Diaries - Read me First! and provide info as requested here: ---> #2

[mikethesaint]

Re: Help with Unenforceability

Hi I am on a dmp through CCCS and have been so for the last 4 years,I have debts with

Lloyds tsb(loan)which has been transferred to Westcot balance c £15k(including ppi which is in dispute this was originally £5580 in october 2003)

Lloyds Tsb credit card personal approx £11000

Egg loan(2006) £10250

Rbs credit card £5669(they have just offered f&f at 75%of this)

Natwest business card £4200 approx (2005)

VW FINANCE £1700 (2004) car written off by son uninsured

can you advise if likely to be enforceable or not many thanks

Mike

[Never-In-Doubt]

Re: Help with Unenforceability

It's the principle really, how can these parasites be allowed to go about doing what they do without recourse? I do understand what you are saying guys and if that's the best advice then so be it, I'll accept it.

CRA's are more than parasites, they are scum - however after McGuffick it was clear that they can and will represent a true state of account conduct which means they can and will default you, sorry but it'll have to stay!

[Never-In-Doubt]

Re: Help with Unenforceability

I concur with the above, just leave it well alone - they can and will default you. Look and read McGuffick v RBS for proof of this!