Help with Unenforceability [UPDATED 01/2020]

[Never-In-Doubt]

Re: Help with Unenforceability

Hi Never-In-doubt,
Sorry, I never got back to you - I lost my internet connection and my ADSL is still stuck in some techno term called LLU or TAG or something.

Hiya, read this: ---> http://www.broadband.co.uk/guides/beginners/page2/

May help explain what it is.....

[gujujainuk]

Re: Help with Unenforceability

Hi Never-In-doubt,
Sorry, I never got back to you - I lost my internet connection and my ADSL is still stuck in some techno term called LLU or TAG or something. I hope I read the rules correctly - I have sent you an email to your live.co.uk email address with PDF format attachment of all the letters. From reading the latest letter, I think I have come full circle - by that I mean I think I need to send them the same old original template you had provided. Hoping you help,
GujuJainUK

[Never-In-Doubt]

Re: Help with Unenforceability

Hi NID

Ok thanks, though I have already sent them this letter. does it matter? This is the second time they have threatened legal proceedings, though this time their letter stated that they will assume I am deliberately trying not to pay, they have sent the cca but the interest rate on it I believe was different to when the card was activated cause at the time I also had a loan and dont believe I signed separate docs for both. So do I send the same letter again? thanks,

Hiya

Send it again yes. It doesn't matter that you duplicate it, you need for them to pay attention though! :grumble

[Never-In-Doubt]

Re: Help with Unenforceability

I have sent an email

Hiya, you need to start to copy and attach things so I can see the real letters they are sending - you retyping it is not the same. A tiny typo by you can change the whole concept of the letter - please try and photo things or scan them and then email me the actual document.

I do not deal with anything via PM or nobody would post on the forums, they'd all be PMing me so please stick to posting things on here then email me anything you get in the post. Sorry, same rules apply for all - Niddy does not do PM's (in 3 days I have 87 to go through)! nah

Ok, regards to what they sent you - see below:

Dear Sir

Our Client: Max Recovery Limited

Thank you for your recent correspondence relating to the Limitations Act. Please read the following carefully:

LIMITATIONS ACT/ STATUTE BARRED:
If a lender allows time to pass without receiving any payment, an action for recovery may become Statute Barred. Under the Limitations Act (1980) section 5 the time limits are:

An action founded on simple contract shall not be brought after expiration of 6 years from the date on which the cause of action accrued.

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again for 6 years from the date of acknowledgement or the date of payment.

An IVA is a legally binding agreement between you (the customer) and your creditors. The IVA proposal was signed and thus acknowledgement was made in written format.

If our records are inaccurate and you are advising us that the termination of the IVA occurred over 6 years ago, we must receive written confirmation from your IVA provider to confirm the termination date of the IVA. It is your responsibility to provide us with this information.

Yours faithfully,
Fairfax Solicitors Limited

To the above bollocks, you respond with the following:

• Dear Sirs,
  
  Ref: xxxxxxxx
  
  I write with reference to your letter dated xx/xx/2010; the content having been noted and disregarded as the nonsense that it is.
  
  I do not have the time nor the patience to sit here and spell out the law to a law firm however suffice to say no, you are wrong in your ascertains that it is my responsibility to provide you with the information being you are the ones hassling me. Forgetting the Limitation Act for a moment, switch to the OFT Guidance for Debt Collection and you'll clearly see the onus is actually on the lender/owner to ensure they have accurate records prior to chasing an alleged debt. As you've jumped in with two feet and not done your homework I am happy to let you progress this to court so please feel free and start action - then we'll see just how clever you really are won't we? I reiterate the OFT Guidance quoted last time for you, in the hope it sinks in prior to my seeking action against you for harassment.
  
  The last acknowledgement to this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period, under Section 5 of the Limitation Act, I guarantee that you are no longer able to take any action against me to recover the alleged amount claimed. The Guidance further states that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment".
  
  I strongly suggest you seek guidance prior to responding because you evidently do not understand the finer points of consumer law; this fiasco of sending me silly responses will be used against you in court to further prove my point that you do not have a clue what you're doing and have made mistake after mistake.
  
  Now, take this as my final response on the matter. I strongly suggest you update your records to reflect this statute barred account or take me to court; in which case a costs order will be requested along with a claim for compensation based on your lack of diligence in dealing with alleged debtors and your strong-arm bullying tactics.
  
  Yours faithfully,
  
  
  Sign Digitally

[gujujainuk]

Re: Help with Unenforceability

the email address is never-in-doubt@live.co.uk.
If you scan the documents and save as an attachment then email to Niddy, he'll be able to have a look and advise you for the best.

Don't worry you'll get there!

Dopey

Hi evenlessdopey and Never-In-Doubt,

I have sent an email to the never-in-doubt@live.co.uk email address. It is a copy of the private message I had sent earlier today. I re-wrote the whole letter FairFax had sent to me so I did not send it as attachment.

GujuJainUK

[Never-In-Doubt]

Re: Help with Unenforceability

Yep. Cheers. Back in morning so email it tonight if you can.....

[MrsD]

Re: Help with Unenforceability

the email address is never-in-doubt@live.co.uk.
If you scan the documents and save as an attachment then email to Niddy, he'll be able to have a look and advise you for the best.

Don't worry you'll get there!

Dopey

[gujujainuk]

Re: Help with Unenforceability

Hi Guju

You'd be better emailing anything you want clarified to Niddy's email address, he checks it regularly and will see it and answer you from there. Any questions just ask.

Hi evenlessdopey,

Sorry by email address do you mean private message?

I am very new (and late) to the whole net thing.

[MrsD]

Re: Help with Unenforceability

Hi Guju

You'd be better emailing anything you want clarified to Niddy's email address, he checks it regularly and will see it and answer you from there. Any questions just ask.

[gujujainuk]

Re: Help with Unenforceability

Hiya ya

best of luck - keep us updated with progress>..... gh

Hi Never-In-Doubt,

Fairfax came back with a faster reply this time and this time I actually do not understand the letter. Again I think they are still saying I need to prove it instead of them. I have sent a private message with copy attached.

Can you suggest next steps to me, please.

[Aile5]

Re: Help with Unenforceability

Hi NID

Ok thanks, though I have already sent them this letter. does it matter? This is the second time they have threatened legal proceedings, though this time their letter stated that they will assume I am deliberately trying not to pay, they have sent the cca but the interest rate on it I believe was different to when the card was activated cause at the time I also had a loan and dont believe I signed separate docs for both. So do I send the same letter again? thanks,

[Never-In-Doubt]

Re: Help with Unenforceability

Hi NID
Needing a little help. Moorcroft have sent another letter quite quickly, stating that due to me not responding to their last letter they assume that I am deliberately trying to avoid repaying therefore will instruct their clients solicitors to pursue legal action for repayment, what should I do now? Thanks once again.

Send this to Moorcroft: ---> viewtopic.php?p=2319#p2319

[Aile5]

Re: Help with Unenforceability

Hi NID
Needing a little help. Moorcroft have sent another letter quite quickly, stating that due to me not responding to their last letter they assume that I am deliberately trying to avoid repaying therefore will instruct their clients solicitors to pursue legal action for repayment, what should I do now? Thanks once again.

[Never-In-Doubt]

Re: Help with Unenforceability

Hiya ya

best of luck - keep us updated with progress>..... gh

[gujujainuk]

Re: Help with Unenforceability

Hiya

Sorry for the delay - had a lot to be getting on with so had to leave this til I had time to get my head round it all. Ok, so you really need to respond to FairFax Solicitors with the following - that should sort them, once and for all.

• Dear Sirs,
  
  Re: Statute Barred Account - Numbered - XXXXXXXX
  
  You have contacted me regarding the account with the above reference number, which you claim is owed by myself. You then go on to say, within your letter; "[size=5]Our Client purchased this debt whilst you were insolvent. Inclusion of this debt within the Individual Voluntary Arrangement constitutes acknowledgement of the debt. The Acknowledgement ended on the date IVA was terminated and we believe this to be within limitation period, unless proven otherwise. Please be aware that we will only accept official confirmation from the IVA provider."
  
  As a legal practice, I am saddened that you do not even understand the basic principles of the Limitation Act, however for clarity I shall explain it to you. Under the Limitation Act 1980 (s.5) an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. This means that unless I acknowledged a debt within the last 6 years, then it becomes Statute Barred also meaning that you are unable to request payment from me. I am not going to do your job for you, but suffice to say if something started in 2002 and ceased in 2003 yet it is the end of 2010 just now - how many years will that be? Also, to correct your mistake, whether or not I was in an IVA, the debt is NOT acknowledged unless payment is sent to you via the IVA. If I took out an IVA and never paid you, then there was never any acknowledgement; however that is not the case, but it does spell out the correct law to you.
  
  Now, you should also be aware that the OFT say under their Debt Collection Guidance on a Statute Barred debt that "[size=5]it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".
  
  The last acknowledgement to this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any action against me to recover the alleged amount claimed. The Guidance further states that "[size=5]continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment".
  
  As such, you can take this as my formal notice to cease communication with me as no further letters will be responded to, however in the meantime I do await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.
  
  I look forward to your reply.
  
  Yours faithfully
  
  
  Sign Digitally

Hi Never-In-Doubt,
Thanks for the template, I am soo excited to send this to fairfax after reading it.
I hope you are correct and I don't hear from them again.
Again, THANK YOU soo much.