Help with Unenforceability [UPDATED 01/2020]

[Undercover Elsa]

Re: Help with Unenforceability [UPDATED 09/2015]

Thank God for that, I thought I'd totally lost the plot there!

[realfedup]

Re: Help with Unenforceability [UPDATED 09/2015]

Hi All


Just seen that Hoist maybe having problems FCA reg states that status cancelled - interim permission cancelled.

Please excuse my ignorance but what does that mean? and does this affect its partner MKDP as well?

[Never-In-Doubt]

Re: Help with Unenforceability [UPDATED 09/2015]

Hi All


Just seen that Hoist maybe having problems FCA reg states that status cancelled - interim permission cancelled.

Please excuse my ignorance but what does that mean? and does this affect its partner MKDP as well?

See here -> http://forums.all-about-debt.co.uk/s...oist-Portfolio

[MisterK]

Re: Help with Unenforceability [UPDATED 09/2015]

Hello, I'm a newcomer to AAD, just wondering if there's any known history of credit limits being affected or even accounts being closed as a result of making a CCA request, as I believe this puts an account into dispute legally. This would be relevant when payments haven't yet been stopped, you might want to find out if it's UE and you're not keen to take it on if it isn't UE - not relevant if payments have already been stopped of course. Same question really about SAR, which I know doesn't put account into dispute. Thanks.

[Never-In-Doubt]

Re: Help with Unenforceability [UPDATED 09/2015]

Yes, we have seen limits dropped upon receipt of CCA's but usually only once in arrears. The lenders base revolving credit around many factors - the main one being the monthly update feed from the CRA. So if you max loads out / miss payments etc then ask for CCA the chances are they'd see a pattern and reduce their liability (your limit).

If you're up to date then applying won't affect anything no.

A CCA request does NOT legally (or otherwise) put any account into "dispute", no.

You can ask for a SAR. No worries. It has no affect. Ever.

[MisterK]

Re: Help with Unenforceability [UPDATED 09/2015]

Thanks Niddy, much appreciated.


Just to recap, I have a huge credit card debt dating back from earlier times (myself and wife both now retired) and all the agreements are pre-2007, some long before, so it seems likely that most if not all will be UE. For what it’s worth, we are not big spenders. For many years I’ve been keeping all this going by moving from card A to B, B to C, and so on with balance transfers etc etc, keeping all the balls up in the air. Anyone who’s been in a similar situation will know exactly what I mean. Soon I am not going to be able to keep doing this and I’m trying to plan the next step before the balls start dropping on the floor anyway. I’ve been getting letters over the last few years along the lines of “we’ve noticed you’ve been making minimum payments, are you in financial difficulties, we can help, just contact us etc” and I’ve ignored all these as I suspect that the first signal from me would result in credit limit restrictions everywhere, cause havoc with my “balls in the air” system - and lead me straight into a much worse situation.


So here is the problem. When I first miss a payment it will be a complete disconnect from previous history. It will be the first missed payment ever and I am talking about 40 years or more. As I’ve never given any hint of a problem (putting aside receiving the “minimum payment” computer generated letters) it seems to me that I am likely to be seen as a “won’t pay” rather than a “can’t pay” and therefore get special attention. There is no way I’m going to give any warning to any of them (see above) but on the other hand once you stop paying it seems to be the general idea that you stick to the template letters and otherwise stay out of contact. So does anyone think there is any harm in sending a letter at the right point in time along the lines of “you’ve received £000’s in interest over the last xx years, I’m now retired, much reduced income, health beginning to be affected by all this, enough is enough and this is my own way of dealing with it rather than walk into a DMP for the next 250 years”. If I never tell them I can’t pay at any stage, then don’t I leave myself wide open to criticism or special attention as a “won’t pay”, more likely to receive a claim (even if UE) etc etc.


We have a house with a mortgage and so this is on the CRA files, there’s no need to do a Land Registry search to find out if you own your own home. So faced with an apparent “won’t pay” defaulter with a big debt and a house with a bit of equity aren’t I likely to get the works rather than the guy in his twenties or thirties with a smaller debt, no house to try and get a CCJ/CO for, and who is in a much more clearly visible “can’t pay” situation maybe with existing DMP or IVA etc.


No advice sought of course please, it’s just that any useful remarks on other peoples experience in similar situations would be most helpful in deciding how to go about it.

[Never-In-Doubt]

Re: Help with Unenforceability [UPDATED 09/2015]

What we suggest is that you save the funds you'd usually use for the DMP / repayments and IF an account is enforceable and we can't find a defence (to a claim) then you use part of the funds to make an offer to settle pre-court. It's called mediation.

Small claims means they won't get their costs so if you owed say £9k and offered £5k to walk away there's a good chance they'd take it. They may not but we've seen it done plenty here (ie we've helped the member achieve their desired result). If it's fast track then we'd have Jo & John Pugh on the case and they'd then advise you accordingly (if you wanted their expert help)...

Point is, don't worry. You won't see our members getting CCJ's. We have a 100% success rate in defeating claims where the member follows our lead and / or uses our legal team.

Try & chill. Read the AAD+ legal threads as well as diaries as they're usually the catalyst of a diary event where the DCA has tried to enforce (and lost)...!

We're the best at this for a reason. Cos we don't do losing

[MisterK]

Re: Help with Unenforceability [UPDATED 09/2015]

Thanks for that very clear response Niddy, much appreciated.
There must be many other people in a similar situation. I hope they will find the AAD forum and that you and your team will still be available to help us with this in future years.

[nanna58]

Re: Help with Unenforceability [UPDATED 09/2015]

I too hope lots more people find us we will be happy to help, and we will continue to help you xxxx

[MisterK]

Re: Help with Unenforceability [UPDATED 09/2015]

Well, I feel I've already taken up far too much of Niddy's time before I've even started, and if lots more people did turn up on the forum then I really don't know how he could possibly cope with it all. I'm not sure that will happen though because it's such a big disconnect for most people to suddenly go from being a loyal customer to a complete non-payer and non-communicator.

I can understand exactly why most people only come here long after circumstances have caused them to default rather than before it happens to them - but I think I'm quickly getting used to the new approach needed to deal with this.
Thank you for your words of support Nanna and as soon as I've got a few loose ends tied up then I very much look forward to taking our friends on. xxxx

[nightwatch]

Re: Help with Unenforceability [UPDATED 09/2015]

welcome to AAD Heigh-ho

sorry to disappoint but banks/ credit card company's do not have "loyal customers" any more, gone are the days of telling them you are having a problem and them offering help,
you may have been with them and never missed a payment since the year dot, BUT,as soon as you contact them they turn on you, yes they waffle on about how they can help you if you contact them, but they are only after making sure you pay up one way or another.
we have had some members hounded by some company's till they were very near to the edge,they were not "wont payers" they had nothing left to pay them with, they had no hope and could not see any way out, luckily they found their way here and they found the help they needed,
no one deserves that kind of treatment when they are at their lowest ebb .
That is why AAD exists, we hope we can help people see the light at the end of the tunnel , give them something to hold on to and begin to believe in themselves again. step by step.

I hope AAD continues for many years to come,

sermon over

[nanna58]

Re: Help with Unenforceability [UPDATED 09/2015]

Totally agree they prey on the misfortune of others like leeches xx

[julian]

Re: Help with Unenforceability [UPDATED 09/2015]

Heigh-ho I was that person who never missed or paid late had accounts for years and fed the bankers. Then with the crash, no salary increase, no promotion, no bonus (supposed to be instead of paying real salaries, but a lie) so with the firm's jam tomorrow attitude I ended up in 2007 with outcome greater than income extended mortgages, uni fees and no chance of selling because being renovated and funds had run out to that extent we could only afford 'reduced' groceries and car went into SORN.
Help from the CC companies quickly turned to hounding, then threats, then CCJ. I lost ability to get Clearance and so my work was limited. Feeding overdraft and minimum payments took all spare cash and cunning. I was alone until I found the forum and saw I had choices.

You are not a bad person, you are exactly what the finance firms want to feed them. Take the advice given and learn to live with the guilt. The richest don't care what the pay and what they owe, look at Tesco withholding payments to suppliers but fining you £12 for late payments when their Online Payments System does not appear e to have been tested, and does not work.

[cymruambyth]

Re: Help with Unenforceability [UPDATED 09/2015]

Hi Heigh Ho, having had a few days on AAD, your best way forward would be to start entries in the unenforceable diaries; that way you will get guidance and support relevant to your situation . Good luck.

[nanna58]

Re: Help with Unenforceability [UPDATED 09/2015]

Well as d Julian