Help with Unenforceability [UPDATED 01/2020]

[MrsD]

Re: Help with Unenforceability

sorry I misunderstood

were these debts in the IVA?

[StavEllis]

Re: Help with Unenforceability

Yes everything else was paid off, Mbna informed me not to make anymore payments to this account as it was being sold. There was barclaycard left who were happy to carry on with my agreement directly rather than through payplan so that's what I did and this was many years ago. It was ages after I left the IVA before another dca piped up about the Mbna debt but I challenged it as it was excessive. They sold it on, rinse and repeat multiple times till Rockwell took it

[Never-In-Doubt]

Re: Help with Unenforceability

Hi StavEllis,

Ok, going on from what you said this should be dead regardless, the fact you've settled it with your IVA says it all, so the key question, do you have your IVA completion certificate? If so then let me know.

When did you last pay into the IVA out of interest? saying "years ago", does not answer me lol - I mean like, in 2008? For example...

[StavEllis]

Re: Help with Unenforceability

Hi StavEllis,

Ok, going on from what you said this should be dead regardless, the fact you've settled it with your IVA says it all, so the key question, do you have your IVA completion certificate? If so then let me know.

When did you last pay into the IVA out of interest? saying "years ago", does not answer me lol - I mean like, in 2008? For example...

I ended it myself mate as I was only paying to barclaycard and a few other minor ones I just contacted them myself and started paying on my own. Payplan had made a few mistakes and I just wanted to take control of it so no Iva completion. Not sure if this was a good decision or not now but you live and learn. Basically mbna stopped taking money as they sold the account on... When I'd left the Iva arrow global contacted me and it's been ongoing me challenging the balance. Last time I paid according to them was 2010 but I'm not sure that's correct as it's been passed from dca to dca for as long as I can remember. Like I said they've given me this rough PDF with lots of errors in it as I've said further up. But I've been doing my current job 3 years and it was well before then I made a payment

[Never-In-Doubt]

Re: Help with Unenforceability

Ok thanks for that. Helps

so you need to start playing the hide & seek game if your credit file is clear. Basically just ignore them now unless they threaten legal action in which case let us know and we'll guide you along.

After 6 years they'll be statute barred so you're half way there already.... Do the same as you have been doing and you'll be fine

[StavEllis]

Re: Help with Unenforceability

Ok I'll keep doing that till they threaten, I found it weird that I asked to see the agreement and they only sent the last paragraph that was signed! Hoping they know it's not enforceable and didn't want me to see the t's & C's to confirm! Thank you very much I'll take your advice and come back if anything changes. Thank you again it's a great thing your all doing for people that don't know what to do

[Never-In-Doubt]

Re: Help with Unenforceability

Cheers mate

point to mention, we're not recommending going down the UE route yet for a reason. You have a clean credit record so don't risk losing that by getting smart with UE stuff. Trust me; a default now would be a bummer (if it was under 6 years old of course)...

Just keep playing hide and seek

[1NightInIbiza]

Re: Help with Unenforceability

Not sure if this is the right place!

I've been looking into UE - specifically regarding debts becoming statute barred.

I understand Statute Barred is 6 years from date of last payment or acknowledgement. Is that regardless of the default date?

As I have an overdraft (student a/c) which isn't due back until July 2014 unless I breach it.

At the moment there's no way it could get paid, and unless my circumstances change dramatically in the next year, that'll stay the case.

If that's not defaulted until say Dec 2014. It wouldn't come off credit files til Dec 2020 - but the last payment into the account was Sept 2013. So when does SB time start? And would payments out effect it (some taken out a few days ago).

And if it's SB in (say) Sept 2019, any way to get credit agencies to remove the account & default in that 15 month intrim period?

Or would a better plan, hypothetically, be to go a few pennies over now, get hounded and put into default say 3/4 months from now, so that it all clears from credit file around the start of 2020?

Confused! One brighter side is that after issuing me with a few million threats, both the banks and DCAs appear to have got bored and given up for now (cue being woken up at 7am!)

[Never-In-Doubt]

Re: Help with Unenforceability

Hi

basically with overdrafts it's weird. There's separate guidance in the UE section regards overdrafts.

That said, yea based on what you say above that is the scenario of likely events. If you go over your limit now and get defaulted sooner then great. The account goes SB 6 years since last payment or acknowledgement. The default will stay for 6yrs since default date regardless of any SB issues. So in cases you'll find a SB debt still appears on your credit file.

Hope that makes sense

[1NightInIbiza]

Re: Help with Unenforceability

Ahh thanks

At the moment it's sitting on -1,800 to the penny - haven't got the guts to ask them for my 5th year rise to 2k given my other issues with them!!!

In theory it should stay like that until Aug-ish when interest is added, no payments in or out in the meantime, but I've been hounded over my other current accounts with them, and student loan won't be going in there.... so with any luck they pull it based on 'high risk'/non compliance with student t&cs - without me going over. Makes me look slightly better I guess!

[Never-In-Doubt]

Re: Help with Unenforceability

Ask for the increase. Why not.

[1NightInIbiza]

Re: Help with Unenforceability

Haha! Hmmm, rocking the boat!

One last question. With a credit card, last paid over 2 months ago (haven't even heard from them yet!) does getting a limit increase since (a few weeks later I think) matter in terms of it becoming SB? Because I put in my income etc, is that acknowledging that its mine via electronic signatures etc? And I'm still using online banking (egg money manager automated) across all of them, for view only, does that matter?

If not... 2 months down...70 to go... :O

[Never-In-Doubt]

Re: Help with Unenforceability

If you've had a credit increase then use it, don't worry too much about SB until such time you've learned not to look at the accounts again, not to login to a money manager and not until you're ready to take the UE route.

if you're being given credit increases etc then surely things aren't that bad, ie you're obviously been running them fine upto now. So maybe it's best to utilise any spare funds between the accounts then cut ALL ties and stop logging in

[1NightInIbiza]

Re: Help with Unenforceability

So logins etc will count? Damn haha!

The house of (credit) cards fell down when I lost my FT income to study. No idea how I got the increases!

Hmmm. I think December may well be a new start then... and without any logins!

[Never-In-Doubt]

Re: Help with Unenforceability

No logins don't do anything other than show them you're still there!!! Just forget about them, once you go down the UE route - forget them totally and only reply to letters they send you, stop logging in - period!