Help with Unenforceability [UPDATED 01/2020]

[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 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]

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]

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]

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

[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?

[Undercover Elsa]

Re: Help with Unenforceability [UPDATED 09/2015]

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

[Never-In-Doubt]

Re: Help with Unenforceability [UPDATED 09/2015]

I assume the SAR was sent to the original creditor (i.e. Barclays) so MKDP/Hoist wouldn't know about it and there'd have been no correspondence between them and the OP on that issue.

I agree a CCA request should be sent but I also think that can wait under Robinson Way write to the OP because the object of the exercise is to drag things out for as long as possible until the debt becomes statute barred.

Plan B x

Yep. Only CCA if there's comm's. Totally agree

[PlanB]

Re: Help with Unenforceability [UPDATED 09/2015]

Has a CCA ever been done? If not then do one. Always do a CCA as its the start of protection.

No matter - we always do a CCA.

Am I being daft or what lol - I thought that was the AAD way?

Im reading SAR mentioned - so it's not just phone calls is it? There's been recent comm's to generate a SAR?

I assume the SAR was sent to the original creditor (i.e. Barclays) so MKDP/Hoist wouldn't know about it and there'd have been no correspondence between them and the OP on that issue.

I agree a CCA request should be sent but I also think that can wait under Robinson Way write to the OP because the object of the exercise is to drag things out for as long as possible until the debt becomes statute barred (with any luck).

Plan B x

[Never-In-Doubt]

Re: Help with Unenforceability [UPDATED 09/2015]

Even though Realfedup's just getting random phone calls at the moment and they've not actually written to him yet?

Has a CCA ever been done? If not then do one. Always do a CCA as its the start of protection.

No matter - we always do a CCA.

Am I being daft or what lol - I thought that was the AAD way?

Im reading SAR mentioned - so it's not just phone calls is it? There's been recent comm's to generate a SAR?

I dunno. It's early

[Undercover Elsa]

Re: Help with Unenforceability [UPDATED 09/2015]

Even though Realfedup's just getting random phone calls at the moment and they've not actually written to him yet?

[Never-In-Doubt]

Re: Help with Unenforceability [UPDATED 09/2015]

Hi. Im part of the MKDP assigned to Hoist club, and getting the odd call from Robberways.
i would just like to be clear(er) as to what they have and have not got. Was thinking of doing a follow up to the SARs pointing out that the agreement doc was incomplete and for them to send me a copy of ALL they have in relation to the document. I'm a little confused as to whether they are obliged to send me a copy of the full agreement under SAR, or if i have to do a separate CCA request:-(

Follow my guide on that thread.

Have you you done a formal CCA? Yes or no. If no. Do one. If yes then ignore them. It's really that simple.

[Undercover Elsa]

Re: Help with Unenforceability [UPDATED 09/2015]

As soon as they start writing start a new thread and let us know what they say

[realfedup]

Re: Help with Unenforceability [UPDATED 09/2015]

Hi Elsa, in answer its 2012.
have seen advice on other thread. will leave for now and CCA as appropriate.

SARs log rubbish. no mention of terms at inception, but i think its down to not originally being with BC. apart from front page of illegible application everything else sent refers to 2008, when BC brought MS/GF brand.

[cardiac arrest]

Re: Help with Unenforceability [UPDATED 09/2015]

Hi. Im part of the MKDP assigned to Hoist club, and getting the odd call from Robberways.
i would just like to be clear(er) as to what they have and have not got. Was thinking of doing a follow up to the SARs pointing out that the agreement doc was incomplete and for them to send me a copy of ALL they have in relation to the document. I'm a little confused as to whether they are obliged to send me a copy of the full agreement under SAR, or if i have to do a separate CCA request:-(

I know where you're coming from with this. A SAR can not be cobbled together like a CCA request, so it's a chance to see exactly what they have. They are obliged to tell you what they don't have too because deliberately misleading you is not allowed. I had this whole thing going with a Bank and refused to accept unreadable copies and what appeared to be missing pages (like the reverse of a document) ..this went on for months but I stuck to my guns, reminding them of their obligations to send 'everything'..I kept reminding them they hadn't complied and complained to the Ombudsman..in the end the Bank just gave up. I'm not disagreeing with the more professional advice others have given you, but I do think a SAR can reveal a lot more than a CCA request and might provide a better clue as to how you proceed...or at least provide some confidence for you; even though if it came to the stick and lift it wouldn't carry the weight of a defective CCA request..the point is though if they could provide everything in a legible format via a SAR it might tell you what you were seeking..