Help with Unenforceability [UPDATED 01/2020]

[gujujainuk]

Re: Help with Unenforceability

Fairfax Solicitors

Hi,

I read quite a few of your posts, so I am hopping you are able to help me.

I go into finance trouble in late 2001 by early 2002 I had IVA for 5-year but it failed in 2003 after I was made redundant and could not afford it. After 2003 I have not heard anything back until recently.

4-5 months ago I received a letter from Fairfax Solicitors saying I own money to Max Recovery Ltd. Out of fear I called them poising as someone else informing them that I had moved. Last week Friday, I received another letter saying their agent has investigated and they believe I still live at my current address.

At the time, I did not think of searching the web for help, but now that I have I feel I could use the ‘statue barred letter’

Please can you tell me if I can still use it or is it too late?

Many thanks in advance.

[Never-In-Doubt]

Re: Help with Unenforceability

Hi NID
You were helping me out with BOS credit card, have been waiting for them to send CCA, they passed it Blair,Oliver&Scott I sent letter stating CCA not received, passed back to BOS, they sent out a CCA and recon, can you have a look and tell me what you think. I have now got a letter from Moorcroft, asking for full amount or payment offer and stating that if I dont make contact within 7 days they will commence litigation proceedings. Thing is also from this started nearly a year ago the balance has gone up by £3000, due to interest and charges. ;EEK, thanks for your help much appreciated.

It has the prescribed terms in the top right so it is enforceable..... however, as this is moorcroft and they think they are clever i'd be prone to blag it and respond with this - see what they do: ---> viewtopic.php?p=2319#p2319

* if they come back with court papers then back down and agree to a repayment plan cos this is enforceable but worth blagging.....

[Aile5]

Re: Help with Unenforceability

Hi NID
You were helping me out with BOS credit card, have been waiting for them to send CCA, they passed it Blair,Oliver&Scott I sent letter stating CCA not received, passed back to BOS, they sent out a CCA and recon, can you have a look and tell me what you think. I have now got a letter from Moorcroft, asking for full amount or payment offer and stating that if I dont make contact within 7 days they will commence litigation proceedings. Thing is also from this started nearly a year ago the balance has gone up by £3000, due to interest and charges. ;EEK, thanks for your help much appreciated.

[Never-In-Doubt]

Re: Help with Unenforceability

Ok, respond as advised and stop worrying - seriously, trust me ok?

Just respond as advised asap - don't mess about, print and send it asap!

Niddy....

[pebbles88]

Re: Help with Unenforceability

Hiya

Calm down dear! It is fine, don't stress and get worked up about this, exactly what are triton saying? I presume they have bought the debt in which case, copy the ombudsmans letter and send a copy, with the template below, to them.

Add the following text to the template - after the inverted part detailing s.127(3) -

"Please find attached with this letter proof from the Ombudsman that Natwest do not have an agreement for this alleged debt, therefore as we both know full well no enforcement action can be taken in line with s.127(3) (CCA1974). You are also reminded to take note of the provisions of s.61(1)(a) and s.65(1) CCA1974."

Template is here: ---> viewtopic.php?p=2309#p2309

thank you. my head is all over the place,

it was a payment demand letter, it says:

shatwest has placed your account with us for immediate collection

we have been appointed on their behalf and to avoid further action you are requested to forward a cheque for the full amount by return to the address quoted above. this should be made payable to triton creidt services, ensuring that yor reference number is printed on the reverse.

alternatively payment can be made by contacting this office and using a debit/credit card

if for any reason you are unable to make this payment by return you must telephone this office immediately

[Never-In-Doubt]

Re: Help with Unenforceability

Hi Niddy,
Finally found you !!!!
Great new site mate... very informative!!!
I am still at stalemate with my creditors at the moment. They are now offering f+f settlements on most of my accounts. ie/ £9000 reduced to £1650.
Sounds a good deal I know just a shame they are unenforceable!!!
Hope alls well with you, I will be following the new site with interest.....
Good luck everyone.

Hi matey

Nice of them to make such offers, but as you say - so long as they are UE they know they are chancing their luck - muppets!

Keep us updated with progress/developments. k

Hope you're keeping well - long time no see ;Hi

[Never-In-Doubt]

Re: Help with Unenforceability

Hi Nid,

Hope you and the family are well.

Just an update on my LTSB. I sent the sold in dispute letter a couple of months ago to the DCA and had a reply back saying they didn't know about the CCA request etc. Today I received a letter from the DCA saying that as they are not in receipt of their client's further instruction they have closed their file and returned it back to LTSB and I won't hear further from them

Will let you know if I hear from LTSB
Thanks k

Nice one - semi-result I s'pose - until Lloyds go and sell it to another bunch of clowns 1 1

[Never-In-Doubt]

Re: Help with Unenforceability

Niddy,

hi again,

i really need your help.

shatwest have now got triton involved, and they have sent a payment demand letter. I have just had a huge fight with triton several months ago regarding a loan that we now actually have a ccj for as they did have all the paperwork, but we are making regular payments. Shatwest do not have the paperwork for this (CCA) credit card, and i have a letter from the Ombudsman stating they have admitted this, will a copy of this sent to triton be enough to stop them? they were really horrific earlier this year, i was getting letters literally every other day. my DH has left me, and right now, i dont know if i have any fight left in me. they are demanding the full payment £9600. Brief recap - i have been making £1 payments for ages, but stopped on your advice several months ago, shatwest wrote saying they were disappointed i hadnt stuck to our agreement, and that if they didnt get a payment soon they would take further action without notice. and now this has arrived today. I have copied the ombudsman letter, but im not sure what else to send with it? please please help.

Hiya

Calm down dear! It is fine, don't stress and get worked up about this, exactly what are triton saying? I presume they have bought the debt in which case, copy the ombudsmans letter and send a copy, with the template below, to them.

Add the following text to the template - after the inverted part detailing s.127(3) -

"Please find attached with this letter proof from the Ombudsman that Natwest do not have an agreement for this alleged debt, therefore as we both know full well no enforcement action can be taken in line with s.127(3) (CCA1974). You are also reminded to take note of the provisions of s.61(1)(a) and s.65(1) CCA1974."

Template is here: ---> viewtopic.php?p=2309#p2309

[burtontradekit]

Re: Help with Unenforceability

Hi Niddy,
Finally found you !!!!
Great new site mate... very informative!!!
I am still at stalemate with my creditors at the moment. They are now offering f+f settlements on most of my accounts. ie/ £9000 reduced to £1650.
Sounds a good deal I know just a shame they are unenforceable!!!
Hope alls well with you, I will be following the new site with interest.....
Good luck everyone.

[BorassicLint]

Re: Help with Unenforceability

Hi Nid,

Hope you and the family are well.

Just an update on my LTSB. I sent the sold in dispute letter a couple of months ago to the DCA and had a reply back saying they didn't know about the CCA request etc. Today I received a letter from the DCA saying that as they are not in receipt of their client's further instruction they have closed their file and returned it back to LTSB and I won't hear further from them

Will let you know if I hear from LTSB
Thanks k

[pebbles88]

Re: Help with Unenforceability

Niddy,

hi again,

i really need your help.

shatwest have now got triton involved, and they have sent a payment demand letter.

I have just had a huge fight with triton several months ago regarding a loan that we now actually have a ccj for as they did have all the paperwork, but we are making regular payments

shatwest do not have the paperwork for this (CCA) credit card, and i have a letter from the Ombudsman stating they have admitted this, will a copy of this sent to triton be enough to stop them? they were really horrific earlier this year, i was getting letters literally every other day. my DH has left me, and right now, i dont know if i have any fight left in me. they are demanding the full payment £9600.


brief recap - i have been making £1 payments for ages, but stopped on your advice several months ago, shatwest wrote saying they were disappointed i hadnt stuck to our agreement, and that if they didnt get a payment soon they would take further action without notice. and now this has arrived today.

I have copied the ombudsman letter, but im not sure what else to send with it? please please help.

[Never-In-Doubt]

Re: Help with Unenforceability

thanks me dear, i know we've discussed this before. i just got a bit panicy when i saw the letter. im abit off kilter anyhow at the moment, thanks again. i will sit tight, and give you a shout if its gets really bad? if thats ok?

Hiya

No problemo - give me a shout whenever you need to...... ;-y

[pebbles88]

Re: Help with Unenforceability

Hiya

Ignore them - you understand how s.127 (unenforceability) works don't you? The lender cannot take formal action of an UE debt; they can though continue to ask you to pay cos it is owing - we know that, but they cannot force you to pay via the courts. So all you do it ignore them, let them sell it left right and centre, and all you do is send a photocopy of their letter confirming they cannot find the agreement with a copy of my account sold whilst in dispute template to each new DCA and they will stop hassling you.

After 6yrs this will vanish totally, legally in respect of statute barred and also legally in line with s.87/s.88 CCA (issuance of default notices and validity periods)....

thanks me dear, i know we've discussed this before. i just got a bit panicy when i saw the letter. im abit off kilter anyhow at the moment, thanks again. i will sit tight, and give you a shout if its gets really bad? if thats ok?

[Never-In-Doubt]

Re: Help with Unenforceability

Hiya

Ignore them - you understand how s.127 (unenforceability) works don't you? The lender cannot take formal action of an UE debt; they can though continue to ask you to pay cos it is owing - we know that, but they cannot force you to pay via the courts. So all you do it ignore them, let them sell it left right and centre, and all you do is send a photocopy of their letter confirming they cannot find the agreement with a copy of my account sold whilst in dispute template to each new DCA and they will stop hassling you.

After 6yrs this will vanish totally, legally in respect of statute barred and also legally in line with s.87/s.88 CCA (issuance of default notices and validity periods)....

[pebbles88]

Re: Help with Unenforceability

hi niddy,

just a quick question, my shatwest c/c - have admitted they dont have cca via the ombudsman, i stopped token payments months ago.... sent the letter from mse you devised telling them to go away due to them not having this...this was ignored, so sent another letter from your templates again so go away, you've already been warned etc...they have still ignored me and today i have got a letter saying:

i am disappointed to note that you have failed to comply with our agreement.

unless i receive an immediate payment to your account and regular payments thereafter, as arranged. I will have no alternative but to place your account in the hands of external debt collecting agents without prior warning

if a money advisor is assisting you, you should bring this letter to their attention.

if you have made the required payment within the last five days, please ignore this letter.

im a bit stressed with things at the moment, and would very much appreciate your advice. they dont have the cca, but i cant face the fight with external dca as well. things are crap enough at the moment!