Help with Unenforceability [UPDATED 01/2020]

[Pixie]

Re: Help with Unenforceability

Hi a-a

I agree with in 2 deep and evenlessdopey.


You've stopped repayments so you've defaulted, regardless of whether the agreement complies with s78.


To be honest, I'd just let sleeping dogs lie. If they haven't started collection proceedings just ignore them until they start hassling you. Don't send anything else to them and don't bother with the Ombudsman.

[a-a]

Re: Help with Unenforceability

Hi a-a

I would be inclined to agree with in2 deep, you're doing Ok so far, and getting defaults removed is notoriously difficult. No point in advertising that you seem to be beating them just for a default, it will fall off your file in June 2014 anyway. Is there a really compelling reason you want rid?

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.

[MrsD]

Re: Help with Unenforceability

Hi a-a

I would be inclined to agree with in2 deep, you're doing Ok so far, and getting defaults removed is notoriously difficult. No point in advertising that you seem to be beating them just for a default, it will fall off your file in June 2014 anyway. Is there a really compelling reason you want rid?

[Deepie]

Re: Help with Unenforceability

MBNA defaulted me in June 2009 after I had stopped paying following instructions from solicitors who were challenging the enforcability of the agreement. The agreement has 9 breaches of the prescribed terms of which I have a copy. MBNA sold the debt to Direct Legal & Collections a trading name of Hillesden Securities who have attempted to contract with me since August 2009. Initially I referred them to the solicitor until it became apparent that they weren't going to do much with it after a court ruling earlier this year. I sent them 3 letters with from the Freeman On The Land template generator and they have never started collection proceedings against me. They did reply after the 3rd letter saying they would not communicate in this matter, and as we know silence is their agreeing to what is in the letters. I do need some help with making a formal challenge to Experian and Equifax in relation to the default, this was placed on my credit file whilst the agreement was being disputed.

DL&C purchased a debt from MBNA in June 2009 who entered a default whilst the agreement was still being disputed. I have never paid DL&C a penny and have them on notice of default. I want the default removed from my credit file, I have my audited agreement which clearly highlights 9 breaches. I'm guessing I need to send copies of the audited agreement to both MBNA and DL&C along with previous communications from solicitors who were involved in the process at the beginning. DL&C claim the agreement is enforcable but have yet to prove otherwise and have never started collection proceedings against me. Should I bother with MBNA and DL&C or go down the ombudsmen route?

Hiya
If I was you just keep i don't think you would get the default removed, i was in the same boat with solicitors 100k of debt just keep

[a-a]

Re: Help with Unenforceability

MBNA defaulted me in June 2009 after I had stopped paying following instructions from solicitors who were challenging the enforcability of the agreement. The agreement has 9 breaches of the prescribed terms of which I have a copy. MBNA sold the debt to Direct Legal & Collections a trading name of Hillesden Securities who have attempted to contract with me since August 2009. Initially I referred them to the solicitor until it became apparent that they weren't going to do much with it after a court ruling earlier this year. I sent them 3 letters with from the Freeman On The Land template generator and they have never started collection proceedings against me. They did reply after the 3rd letter saying they would not communicate in this matter, and as we know silence is their agreeing to what is in the letters. I do need some help with making a formal challenge to Experian and Equifax in relation to the default, this was placed on my credit file whilst the agreement was being disputed.

DL&C purchased a debt from MBNA in June 2009 who entered a default whilst the agreement was still being disputed. I have never paid DL&C a penny and have them on notice of default. I want the default removed from my credit file, I have my audited agreement which clearly highlights 9 breaches. I'm guessing I need to send copies of the audited agreement to both MBNA and DL&C along with previous communications from solicitors who were involved in the process at the beginning. DL&C claim the agreement is enforcable but have yet to prove otherwise and have never started collection proceedings against me. Should I bother with MBNA and DL&C or go down the ombudsmen route?

[Never-In-Doubt]

Re: Help with Unenforceability

Hi NID
Hope you have had a nice break. I have heard nothing from bos or capquest for weeks until today. Capquest said they would look into my query and now bos have stated yet again they sent me the docs so acount remains enforceable and this is their final response. What should I do now do you think? thanks

Hiya

No reply necessary for any of them - just sit tight and keep us updated!

Best of luck

[Aile5]

Re: Help with Unenforceability

Hi NID
Hope you have had a nice break. I have heard nothing from bos or capquest for weeks until today. Capquest said they would look into my query and now bos have stated yet again they sent me the docs so acount remains enforceable and this is their final response. What should I do now do you think? thanks

[IF]

Re: Help with Unenforceability

My god. What a world we live in. Many thanks for that. It seems this forum is a good place to be.

Thanks
Moby

I know!! Do have a good look around and there is always someone to help if you a stuck.

Click on links below x

• Forum Rules and Guidelines
• User Help Guides

[MobyUK]

Re: Help with Unenforceability

My god. What a world we live in. Many thanks for that. It seems this forum is a good place to be.

Thanks
Moby

[IF]

Re: Help with Unenforceability

Thanks for that If...
Just one question. The templates say "Sign digitally". Is there a reason for this, rather than manually signing?

Companies in the past have been known to do a few naughty things with signatures by adding them to a letter you have not sent etc so best to type your signature to be safe x

[MobyUK]

Re: Help with Unenforceability

Thanks for that If...
Just one question. The templates say "Sign digitally". Is there a reason for this, rather than manually signing?

[IF]

Re: Help with Unenforceability

Hi Moby and Welcome, for Niddy's templates please click on link below:-

http://forums.all-about-debt.co.uk/showthread.php?t=445

Best wishes
If...x

[MobyUK]

Re: Help with Unenforceability

Hi. Sorry to appear thick but I cannot find the templates mentioned at the top of this thread. I am specifically looking for a cca request letter template.

[Never-In-Doubt]

Re: Help with Unenforceability

Hi again Nid
Have just received a letter from capquest stating prior to the start of legal proceedings they do bankground checks and see I have no ccjs at present and any litigation would affect credit- not bothered by this. they state at end of letter, no contact by 17th March will result in account moving forward to litigation. what should I do now? cheers

This, to CapQuest: ---> Threat-o-Gram - Letter before Action

[Aile5]

Re: Help with Unenforceability

Hi again Nid
Have just received a letter from capquest stating prior to the start of legal proceedings they do bankground checks and see I have no ccjs at present and any litigation would affect credit- not bothered by this. they state at end of letter, no contact by 17th March will result in account moving forward to litigation. what should I do now? cheers