Help with Unenforceability [UPDATED 01/2020]

[cymruambyth]

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.

What I can say is that there is a lot of activity before you get anywhere near bailiffs turning up. By following the guidance on this site, I like many people have progressed from either a self managed or arranged DMP to being in control of my situation. Please start a new thread and then I and others will try to help you.

Good luck, you have taken a step in regaining control of your financial situation.

[SarahSarah]

Hi NID, I've spent a long time looking over your various posts regarding UE but I'm still unsure what my next step should be and wonder if you wouldn't mind advising... ?

I have been on a DMP for 10 years (they no longer charge me as I reached the limit). I have debt of around £25k over 5 creditors, 3 of which turn out to be unenforceable. I am trying to save up to negotiate a settlement to the large enforceable one of £18k but am not exactly sure what to do about the unenforceable debts. I can't simply ignore them can I? I've been reliably paying via the DMP for years and have also tried every year to negotiate a settlement. All but one have fallen off my credit file (the one left over should have gone too as it's as old as the others, but that's another problem and is a fairly small amount). I don't own a house but I do live with my partner in a small village. I don't want to risk bailiffs or harrassment so am nervous to just stop paying and start ignoring the UE debts. Part of me also thinks I should pay something.

Has anyone had any luck using the fact that a debt is UE to negotiate a very small settlement? Is there a template for this by any chance?!

Many thanks in advance.

[Debtfree1ab]

Thanks! Have done that now.

[nightwatch]

Hi everyone. New to the site but very impressed with all the advice on here. I’m on s self managed DMP and have recently received a reply to one of my Cca requests which looks enforceable to me, but what do I know! Would love if one of the experts could take a look for me?

it was originally an MBNA cc taken out in 2002. Last full payment was October 2012, account defaulted May 2013 and sold to Link in July 2013. Have been paying about £15 each month with the aim of negotiating a F&F in the near future.

Thanks in advance

you need to send It to Niddy for checking, he will be the only one to see it so no need to blank anything out,webmaster@all-about-debt.co.uk

[Debtfree1ab]

Hi everyone. New to the site but very impressed with all the advice on here. I’m on s self managed DMP and have recently received a reply to one of my Cca requests which looks enforceable to me, but what do I know! Would love if one of the experts could take a look for me?

it was originally an MBNA cc taken out in 2002. Last full payment was October 2012, account defaulted May 2013 and sold to Link in July 2013. Have been paying about £15 each month with the aim of negotiating a F&F in the near future.

Thanks in advance

[Grassy_K]

Re: Help with Unenforceability [UPDATED 09/2015]

I'm already converted Nightwatch, I've seen for myself just how banks have changed over the years and I'm now left with very little trust in them. Banks look after themselves, now it's my turn to do the same. You sum it up well, very useful sermon, thank you.

Julian, I don't really feel a lot of guilt any more. I'm aware what many of the wealthy minority get away with at the expense of the rest of us. If they feel no guilt over tens or hundreds of millions, why should I over tens of thousands. Most of this probably equates to the interest I've paid anyway. It won't be at all difficult to live with any remaining guilt I might have, in fact I'm quite looking forward to it, there's nothing like being prepared and the support team here sounds brilliant. You yourself have been through a very rough patch I think, I'm really sorry this forum wasn't within your sights when you most needed it because it can't have been a lot of fun coping with this alone. It's tremendously supportive to be able to read other peoples' stories here and you would have been without that advantage.

Cymru, I have a little roso issue I'm sorting out before I can pull the plug. then I agree about the diary of course and maybe it would be a good idea to move this handful of posts to the diary once I've put on my tin hat. Thanks for your kind wishes, let's hope for a smooth ride, no doubt it'll get choppy at times.

When my life hit the buffers and I ended up in massive debt, the only help offered was "1. What's the minimum you need to exist, 2. Hand over all the rest of your income for the next 11 years."

Did that for about 10 months and got fed up with existing, having no money at all and watching things go wrong in the house or with my car, as they do, and not having enough cash to fix things. Then I found this forum and the light went on.

So far, with the excellent help on offer here, I've defeated Lloyds for over £5k, Link Financial for £1600 and First Credit for about the same, where they've had to crawl away and admit unenforceable. A good few of my other debts have also been found (but not admitted) UE as well. Over 60k in unsecured debt has been whittled down to 27k of enforceable stuff - and they just get token payments, I will be dead before they get their money back, but I might try for a low F&F in a few years if I can. This works, just do it

[MisterK]

Re: Help with Unenforceability [UPDATED 09/2015]

I'm already converted Nightwatch, I've seen for myself just how banks have changed over the years and I'm now left with very little trust in them. Banks look after themselves, now it's my turn to do the same. You sum it up well, very useful sermon, thank you.

Julian, I don't really feel a lot of guilt any more. I'm aware what many of the wealthy minority get away with at the expense of the rest of us. If they feel no guilt over tens or hundreds of millions, why should I over tens of thousands. Most of this probably equates to the interest I've paid anyway. It won't be at all difficult to live with any remaining guilt I might have, in fact I'm quite looking forward to it, there's nothing like being prepared and the support team here sounds brilliant. You yourself have been through a very rough patch I think, I'm really sorry this forum wasn't within sight when you most needed it because it can't have been a lot of fun coping with this alone. It's tremendously supportive to be able to read other peoples' stories here and you would have been without that advantage.

Cymru, I have a little roso issue I'm sorting out before I can pull the plug. then I agree about the diary of course and maybe it would be a good idea to move this handful of posts to the diary once I've put on my tin hat. Thanks for your kind wishes, let's hope for a smooth ride, no doubt it'll get choppy at times.

[nanna58]

Re: Help with Unenforceability [UPDATED 09/2015]

Well as d Julian

[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.

[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.

[nanna58]

Re: Help with Unenforceability [UPDATED 09/2015]

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

[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

[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

[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]

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.