Help with Unenforceability [UPDATED 01/2020]

[Joanna Connolly Solicitors]

I will add more to my diaries as events occur. Not sure if I need to add back dated events but am happy to do so if you or anyone else on here would find them helpful.

I've replied on your new Diary thread which is now here > https://www.all-about-debt.co.uk/for...fox-s-ue-diary

The backstory of each debt will become important and helpful, not just for the information but also to see the things which didn't happen but should have happened.

Di

[cymruambyth]

That’s a great start and you seem to have covered everything. You need to read some of the other diaries to see how people have dealt with their situation and to get an idea of what is in front of you if you decide to go down he unenforceable (UE) route. Good luck and remember to ask questions as it is the only way that you learn.

[F19FOX]

Thanks Cymruambyth

It worked and I've started my diary thread. I am just in the process as I type of scanning in a CCA I have received from a lender and will send it to Niddy as per your instructions. I will add more to my diaries as events occur. Not sure if I need to add back dated events but am happy to do so if you or anyone else on here would find them helpful.

Thanks once again

[cymruambyth]

Hi and welcome to AAD. Hopefully this link https://www.all-about-debt.co.uk/for...bility-diaries will enable you to start a new thread.

When you have your thread opened send a copy of any agreements that you receive to Niddy (Never in Doubt) with a link to the thread. Do not black out any details as this is totally secure.

[F19FOX]

Thank you Di for your prompt and helpful reply - much appreciated!

I followed the link you kindly sent me to see how things worked and I read it but I get an error message when I click on the links in there to start my diary thread. I have just sent NID a message to see if he can help me with that.

With regards your question about the £1 statutory fee, yes I did indeed send that to each one as a postal order.

Thanks again and I will start my diary thread as soon as I'm able to post it

[Joanna Connolly Solicitors]

I have recently written off to all my OCs / DCAs to request copies of my CCAs. There are six in total. Two have responded just acknowledging my request, one has actually supplied me with a copy of my CCA and the other three I have heard nothing from.

I wrote to them all on the 27th April 2018 - so over the 12 days I believe that they should respond within??

I have a couple of questions that I'm hoping you can help me with please:

1. Is the CCA I have been sent enforceable?
2. What should I do whilst I am waiting for the others to reply? Should I write to them again? - note I did not send them recorded delivery so I cant be sure they received them
3. I also have an overdraft debt. Is there anything similar to requesting a CCA with a view to seeing if it's enforceable for that or not?

All seven of my debts are defaulted and I am paying token payments of £1 to each every month.

Hello

You seem to have got off to a good start by sending all those s 77-79 CCA Requests.

However, I note you didn't send your requests by Royal Mail Recorded Delivery so you won't have any proof that you sent them, but cross each bridge as you get to it because a letter acknowledging receipt of your CCA Request may be good enough.

Did you send the £1 statutory fee with each one?

If you get no response from any of them within the time-frame allowed then the debt becomes unenforceable until or unless they do comply. There's no need to send a follow-up letter because ideally you hope that they won't reply/comply. If you chase them then they might just try harder!

There will be loads of questions for you to ask and answer as no two debt scenarios will be the same.

The best way to tackle this situation is to start a Diary thread of your own where you make a new post for each debt using this format >

• Type of account (credit card/loan/overdraft)
• Date commenced (ideally before April 2007)
• Approx balance
• Date last paid (approximate date you last made a FULL payment)
• Are you on arrangement or not paying
• Status (default/in arrears/up-to-date)
• Account owner (who is writing to you, a DCA or the lender or a debt purchaser)

If you read this link you'll see how things work > https://www.all-about-debt.co.uk/for...-read-me-first


I look forward to helping you.

Di

[F19FOX]

Hello NID,

I've just come across your site and I've spent the past hour or so trying to familiarise myself with how it all works. I think I'm getting there

To cut a long story short I have recently written off to all my OCs / DCAs to request copies of my CCAs. There are six in total. Two have responded just acknowledging my request, one has actually supplied me with a copy of my CCA and the other three I have heard nothing from.

I wrote to them all on the 27th April 2018 - so over the 12 days I believe that they should respond within??

I have a couple of questions that I'm hoping you can help me with please:

1. Is the CCA I have been sent enforceable?
2. What should I do whilst I am waiting for the others to reply? Should I write to them again? - note I did not send them recorded delivery so I cant be sure they received them
3. I also have an overdraft debt. Is there anything similar to requesting a CCA with a view to seeing if it's enforceable for that or not?

All seven of my debts are defaulted and I am paying token payments of £1 to each every month.

Thank you

[Catflap11]

Brilliant, thank you

[Roger]

Hi everyone. New to the site but trying to clear the last of a number of mistakes made over the years. I had 2 debts with MBNA which were sold to IDEM a number of years ago. The defaults dropped off last year and I submitted CCA request to which I have had a reply for one of the debts (but not the other). The original agreement was signed in 2000 and they have sent me a copy of the signature page and a sheet of the T&Cs telling me it is now enforceable.

I've been paying around £15 a month and the outstanding balance is approximately £1700 and I would like to offer a full and final settlement, would it be possible for one of your experts to take a look at the info I have been sent to see if it is enforceable before I go back to them?

Many thanks in advance

Send a copy (without redacting ANY information ) to Niddy with a link to your Blog entry https://www.all-about-debt.co.uk/for...60#post1508860
to webmaster@all-about-debt.co.uk

[Catflap11]

Hi everyone. New to the site but trying to clear the last of a number of mistakes made over the years. I had 2 debts with MBNA which were sold to IDEM a number of years ago. The defaults dropped off last year and I submitted CCA request to which I have had a reply for one of the debts (but not the other). The original agreement was signed in 2000 and they have sent me a copy of the signature page and a sheet of the T&Cs telling me it is now enforceable.

I've been paying around £15 a month and the outstanding balance is approximately £1700 and I would like to offer a full and final settlement, would it be possible for one of your experts to take a look at the info I have been sent to see if it is enforceable before I go back to them?

Many thanks in advance

[terryw]

Don't get involved in a letter ping pong!!
You need to send what they have sent to the CCA S.78 request (did you include the all important £1? ) . to Niddy to check!

Please do start your own Diary see here -> https://www.all-about-debt.co.uk/for...3228#post43228
To help me, to help you, please provide the following information for each account:

• Type of account (credit card/loan)
• Date commenced (ideally before Apr 2007)
• Approx balance
• Date last paid (approximate date you last made a FULL payment)
• Are you on arrangement or not paying
• Status (default/in arrears/up-to-date)
• Account owner (who is writing to you, a DCA or the lender)

This gives the MODS a background etc to the Debt (there are many reasons for UE not just the Agreement)
We all started as you have!
Good Luck

Many thanks Roger for your prompt and helpful reply.

Unfortunately the link to setting up a new diary thread is coming up as 'invalid thread'

Please let me have another link so that I can begin on a diary

Many thanks

EDIT

I managed to start my diary by another method so please ignore the above

[Roger]

6 January 2018

Hi All
Newbie here so please be gentle if I make errors.

This is a great site and I am trying to understand everything about unenforceability.
I hope to start a diary and send Niddy copies of replies for his opinion
Up to now I have received one reply (from TSB) with alleged copy agreement. The credit card dates back to the eighties but
the agreement is merely a copy of the terms sent with a replacement card in 2013!
Should I now point this out to them and request the copy of the original agreement as requested?

Thanks in advance

Don't get involved in a letter ping pong!!
You need to send what they have sent to the CCA S.78 request (did you include the all important £1? ) . to Niddy to check!

Please do start your own Diary see here -> https://www.all-about-debt.co.uk/for...3228#post43228
To help me, to help you, please provide the following information for each account:

• Type of account (credit card/loan)
• Date commenced (ideally before Apr 2007)
• Approx balance
• Date last paid (approximate date you last made a FULL payment)
• Are you on arrangement or not paying
• Status (default/in arrears/up-to-date)
• Account owner (who is writing to you, a DCA or the lender)

This gives the MODS a background etc to the Debt (there are many reasons for UE not just the Agreement)
We all started as you have!
Good Luck

[terryw]

6 January 2018

Hi All

Newbie here so please be gentle if I make errors.

This is a great site and I am trying to understand everything about unenforceability.

I hope to start a diary and send Niddy copies of replies for his opinion

Up to now I have received one reply (from TSB) with alleged copy agreement. The credit card dates back to the eighties but
the agreement is merely a copy of the terms sent with a replacement card in 2013!

Should I now point this out to them and request the copy of the original agreement as requested?

Thanks in advance



I

[cymruambyth]

There isn’t a delete option, here is a link for others to your new thread https://www.all-about-debt.co.uk/for...low-settlement

[SarahSarah]

Hi Sarah and welcome to AAD. It would be best if you start your own thread in the unenforceable diaries where you can get help tailored to your situation. https://www.all-about-debt.co.uk/for...bility-diaries We can’t tell you what to do, just point out the different options.

Thanks for this. How do I delete it from here? Sorry, can't see that option anywhere...