Help with Unenforceability [UPDATED 01/2020]

[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

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

[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

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....

[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

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.....

[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

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.

This will definitely be statute barred, based on the dates given so yea - do not agree to the old debt or admit it was yours, it is always "alleged debt" to you, from here-on-in.

Respond to fairshyte with this: ---> viewtopic.php?p=2313#p2313

[gujujainuk]

Re: Help with Unenforceability

Thanks for prompt reply to my post Never-In-Doubt

Hope it is not too much trouble but I wanted to know if it would ok to send them a fax or an email instead of a recorded letter?

Also, do I need to include my full name and full address in the letter?

These questions are little silly but I am asking only out of interest.

[Never-In-Doubt]

Re: Help with Unenforceability

Thanks for prompt reply to my post Never-In-Doubt

Hope it is not too much trouble but I wanted to know if it would ok to send them a fax or an email instead of a recorded letter?

Also, do I need to include my full name and full address in the letter?

These questions are little silly but I am asking only out of interest.

Based on the dates given this is statute barred so you have nothing to worry about. Obviously if you gave incorrect dates then that's a different matter altogether.

Yes, provide accurate name and address so it tallies with their records, and you must send recorded delivery (the orange sticker) as this is proof, if it ever went to court, that you did indeed notify them of the FACTS.

Don't try and cut corners at this late stage, stick to the proved and tried processes - trust me, I used to be a doctor

[mart66]

Re: Help with Unenforceability

Hi
5 yrs ago I was swamped with debt, owing 10's of thousands to family/Credit cards/banks and even £550 to a Bailiff for an unpaid parking ticket!!
The advice you guys give on these forums is SOLID GOLD and if you weren't such a pain in the arse to the 'establishment' you would've been knighted by now!!
My story should give hope to people that feel as though they're 'upto their necks' and can't cope anymore...People that are frightened to open the mail or answer their phone to unknown numbers, panicking about the vicious threats made by DCAs/Solicitors. I honestly understand when people are toppled over the edge.
My advice is....read through these forums, dont flit through them...follow the 'stories' and see how the persons confidence grows as their case progresses. The advice you glean from this kinds of forum will empower you and when you answer the phone, or open a threatening letter you can actually smile and feel like 'Bring it on!'...and ACTUALLY mean it. Like a MASSIVE weight lifted off your shoulders...These guys are nothing short of a type of 'Cyber-Jesus'!!
There's light at the end of the tunnel now...Family happy with repayments and no bad feeling...Bank loans paid in 18 mnths (CCA valid!) and the skin wore out on the Bailiffs knuckles before the paint on my door..so he's gone....
I still have a credit card issue to sort out though....I have FINALLY received a letter from Nat West stating that they dont have a CCA as it has been 'misfiled' and admitting that the debt is unenforceable...which is BRILLIANT news! They have sent me a copy of my application with my old phone number on and how much I earned, which was very useful for my wife and I to get all nostalgic about...but no use for enforcing alledged debts.
Let me run this by you and see what you reckon....When I hit hard times I asked for the interest to be suspended on the phone numerous times but was always refused. Subsequently, I incurred LOTS of penalty charges and interest. I want to dispute those charges/interest which would be detailed on the CCA, but they dont have a copy and I havent seen as I'm certain I never signed one. If I dispute the charges, the account will be in dispute and therefore they will have to cease collecting activity/adverse credit reporting, which they are now allowed to do (after recent legal precedents..I think thats right?). Am I right in thinking that? But by disputing charges, am I acknowledging the debt?
Thanks for where you've got me and the nightmare you pushed me out of!!

[Never-In-Doubt]

Re: Help with Unenforceability

Hi
5 yrs ago I was swamped with debt, owing 10's of thousands to family/Credit cards/banks and even £550 to a Bailiff for an unpaid parking ticket!!
The advice you guys give on these forums is SOLID GOLD and if you weren't such a pain in the arse to the 'establishment' you would've been knighted by now!!
My story should give hope to people that feel as though they're 'upto their necks' and can't cope anymore...People that are frightened to open the mail or answer their phone to unknown numbers, panicking about the vicious threats made by DCAs/Solicitors. I honestly understand when people are toppled over the edge.
My advice is....read through these forums, dont flit through them...follow the 'stories' and see how the persons confidence grows as their case progresses. The advice you glean from this kinds of forum will empower you and when you answer the phone, or open a threatening letter you can actually smile and feel like 'Bring it on!'...and ACTUALLY mean it. Like a MASSIVE weight lifted off your shoulders...These guys are nothing short of a type of 'Cyber-Jesus'!!
There's light at the end of the tunnel now...Family happy with repayments and no bad feeling...Bank loans paid in 18 mnths (CCA valid!) and the skin wore out on the Bailiffs knuckles before the paint on my door..so he's gone....
I still have a credit card issue to sort out though....I have FINALLY received a letter from Nat West stating that they dont have a CCA as it has been 'misfiled' and admitting that the debt is unenforceable...which is BRILLIANT news! They have sent me a copy of my application with my old phone number on and how much I earned, which was very useful for my wife and I to get all nostalgic about...but no use for enforcing alledged debts.
Let me run this by you and see what you reckon....When I hit hard times I asked for the interest to be suspended on the phone numerous times but was always refused. Subsequently, I incurred LOTS of penalty charges and interest. I want to dispute those charges/interest which would be detailed on the CCA, but they dont have a copy and I havent seen as I'm certain I never signed one. If I dispute the charges, the account will be in dispute and therefore they will have to cease collecting activity/adverse credit reporting, which they are now allowed to do (after recent legal precedents..I think thats right?). Am I right in thinking that? But by disputing charges, am I acknowledging the debt?
Thanks for where you've got me and the nightmare you pushed me out of!!

Morning Mart & Welcome ;Hi

Ok, regards to your query, basically you're right in the main - as they do not have a CCA they can't do much; however they can (and will) still hassle you to pay, similarly they will report the account conduct the the CRA's - but as you've several debts (based on the above post) an extra default doesn't really matter a jot! Remember the account stays with the CRA's for 6yrs since last payment / closure / default date afterwhich it vanishes. Sooo, if you're still with the creditor and not defaulted and it stays like this for a few years THEN they default you, you'd be worse off cos you'd have the adverse entries there for 6 years (default persiod) plus the time from first missed payment to the default date.

If however you get defaulted quicker, then the default and whole entry is wiped from your credit file after 6yrs - period. Finished.....

With that in mind, i'm trying to say get the account defaulted quicker if you can by refusing to pay lol.

Regards to disputing charges, you do not do this on an UE debt as it doesn't matter if your balance reads £1 or £10k - you are never going to be taken to court for it so the balance is a range of numbers to you, it means nothing - get used to that trail of thought if you can....... However, if the lender ever attempted court action for a CCJ then you'd reclaim all charges in order to lower the balance - in your case this cannot happen as you have a letter confirming they do not have an agreement and even if they now create a reconstituted version - you have that letter so you know that you can push them to take you to court, then you issue CPR31.14 and fight for sight and proof of agreed charges at outset - ooops, no agreement? Sorry, s.127 says you cannot issue a judgment - thanks boss! Walk away from court lol.

Statute Barred occurs after 6yrs of non acknowledgement of the debt, a cca request/dispute does not acknowledge a debt so no worries on that front...

Hope the above helps, basically under the circumstances you should now ignore any correspondence you get for this debt unless it is from a DCA etc in which case you'd simply copy the letter confirming they do not have a CCA and send it with this, to the new DCA that starts to chase you: ---> viewtopic.php?p=20195#p20195

Best of luck ;-y

[gujujainuk]

Re: Help with Unenforceability

Hi Never-In-Doubt,
I wanted to thank you for your advise and I posted a signed for letter to fairfax today.
cross my fingers everything will be alright.
thank you thank you thank you

[Never-In-Doubt]

Re: Help with Unenforceability

well done - see what happens now eh...?

y

[billypre]

Re: Help with Unenforceability

Hi Niddy - spent a while finding you again but chuffed now that i have !!

Just to remind you of what i posted on old forum. I got a decree 2 years ago from Nolans for a debt from 1994. At the time i admitted the debt after summons were served and started a repayment plan. I hadnt heard about statute barred at the time and was going through a bad time of life. Nolans told me that if i didnt admit the debt to the courts then it could lead to a lot more being added to debt for court costs etc. So stupidly i admitted and started paying.

Now, i am sure that the debt should have been statute barred and so you advised me to send them a SAR. I received reply today that they WILL NOT be sending me a SAR and here is the copy of their letter.


[size=5]We refer to your undated and unsigned letter received by us on 27th October 2010.

Naturally if we cannot identify the source of the subject access request by reference to a signature or some other form of identification then it is obvious we cannot comply with that request. To do so would risk disclosing information to a party who was not entitled to receive that information.

Furthermore, even if you had signed the request which we received and we were satisfied that the request had originated from you, we should refer you to schedule 7 of the data protection act 1998 which provides for various exceptions fom the subject access provisions. Schedule 7 provides us as follows:-

"Personal Data are exempt from the subject information provisions if the data consist of information in respect of which claim to legal proffession or privelege or. in Scotland to confidentiality of communications could be maintained in legal proceedings"

The data which is held about you by us is subject to legal privelege and confidentiality of communications between solicitor and client and in the circumstances we should not be able to comply with your request.

We therefor return the postal order which was enclosed with the said letter.

Yours Faithfully

Then in a weird twist they have asigned it but there is no printed name to say which person in the company it is from LOL
Using the signature (or lack of it) as a reason is pitiful and i don't mind that as i will send them ID next time if i can. Even though they have contacted me at this address and this is where the summons got sent and court decree went to etc etc.

What's bothering me is the bit about "Schedule 7 of the DATA Protection Act 1998".

Anyone any idea how to procede ? What does it all mean ? I can't ever get to see my data ?

Please please help if you can. I know it's a long story but it's really annoying me and this particular DCA have been very very bad. Am i stuck ?