Help with Unenforceability [UPDATED 01/2020]

[Aile5]

Re: Help with Unenforceability

Hi ok
Will start a diary. But to answer yep they sent me copy of CCA, I sent it to you, you said prescribed terms there, but because moorcroft and they think they clever, just send a dispute letter back to them.They said BOS have said docs sent so they asking for payment. This has been going on since november 2009 when last payment was made, Blair, Oliver &scott and now Moorcroft dealing with it. . Thanks

[Never-In-Doubt]

Re: Help with Unenforceability

Hi ok
Will start a diary. But to answer yep they sent me copy of CCA, I sent it to you, you said prescribed terms there, but because moorcroft and they think they clever, just send a dispute letter back to them.They said BOS have said docs sent so they asking for payment. This has been going on since november 2009 when last payment was made, Blair, Oliver &scott and now Moorcroft dealing with it. . Thanks

Hiya

Ok, no need to start a diary for just this one thing - for the moment ignore everything and see what happens in due course..... Obviously we don't want to push things, neither do we want things to get "too stale" so keep opening mail and let me know of anything that changes, such as new DCA or any threats made..... 2

[gujujainuk]

Re: Help with Unenforceability

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

y

Hi Never-In-Doubt,
I got a reply back from FairFax Solicitors Ltd and it say's the following:

Thank you for your recent communications regarding the Limitations Act 1980:

Our Client purchased this debt whilst you were insolvent. Inclusion of this debt within the Individual Voluntary Arrangement constitutes acknowledgement of the debt. The Acknowledgement ended on the date IVA was terminated and we believe this to be within limitation period, unless proven otherwise. Please be aware that we will only accept official confirmation from the IVA provider.

Now that the IVA has failed, in order that we may assess your current financial situation, we ask that you complete a financial questionnaire in full and return this to our office, along with any other documentation requested. Returning proof documents is of paramount importance, without these documents payment offers CANNOT be accepted. You are required to make a suitable offer of repayment on the form, based on your circumstances.

An interim payment should also be forwarded with the completed questionnaire, while the offer of repayment is considered within the time stipulated, we will be left with no alternative than to continue with recovery action.

Is this end of the road for me or do I have any other options?

[Never-In-Doubt]

Re: Help with Unenforceability

Ermmm were you on an iva? If so please provide me the dates it started and the date it failed...... Please tell me enough to allow me to respond accordingly - don't guess, I need facts. Also when was the date you last paid into this account, pre iva (did u tell me originally that this was part of an iva?)....

[gujujainuk]

Re: Help with Unenforceability

Hi Never-In-Doubt,
I will send you a private message with the details. I hope that is ok.

[Never-In-Doubt]

Re: Help with Unenforceability

Hiya

Sorry for the delay - had a lot to be getting on with so had to leave this til I had time to get my head round it all. Ok, so you really need to respond to FairFax Solicitors with the following - that should sort them, once and for all.

• Dear Sirs,
  
  Re: Statute Barred Account - Numbered - XXXXXXXX
  
  You have contacted me regarding the account with the above reference number, which you claim is owed by myself. You then go on to say, within your letter; "[size=5]Our Client purchased this debt whilst you were insolvent. Inclusion of this debt within the Individual Voluntary Arrangement constitutes acknowledgement of the debt. The Acknowledgement ended on the date IVA was terminated and we believe this to be within limitation period, unless proven otherwise. Please be aware that we will only accept official confirmation from the IVA provider."
  
  As a legal practice, I am saddened that you do not even understand the basic principles of the Limitation Act, however for clarity I shall explain it to you. Under the Limitation Act 1980 (s.5) an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. This means that unless I acknowledged a debt within the last 6 years, then it becomes Statute Barred also meaning that you are unable to request payment from me. I am not going to do your job for you, but suffice to say if something started in 2002 and ceased in 2003 yet it is the end of 2010 just now - how many years will that be? Also, to correct your mistake, whether or not I was in an IVA, the debt is NOT acknowledged unless payment is sent to you via the IVA. If I took out an IVA and never paid you, then there was never any acknowledgement; however that is not the case, but it does spell out the correct law to you.
  
  Now, you should also be aware that the OFT say under their Debt Collection Guidance on a Statute Barred debt that "[size=5]it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".
  
  The last acknowledgement to this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any action against me to recover the alleged amount claimed. The Guidance further states that "[size=5]continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment".
  
  As such, you can take this as my formal notice to cease communication with me as no further letters will be responded to, however in the meantime I do await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.
  
  I look forward to your reply.
  
  Yours faithfully
  
  
  Sign Digitally

[Never-In-Doubt]

Re: Help with Unenforceability

Billy,

Your new thread is here: ---> viewtopic.php?f=13&t=853

Thanks gh

[gujujainuk]

Re: Help with Unenforceability

Hiya

Sorry for the delay - had a lot to be getting on with so had to leave this til I had time to get my head round it all. Ok, so you really need to respond to FairFax Solicitors with the following - that should sort them, once and for all.

• Dear Sirs,
  
  Re: Statute Barred Account - Numbered - XXXXXXXX
  
  You have contacted me regarding the account with the above reference number, which you claim is owed by myself. You then go on to say, within your letter; "[size=5]Our Client purchased this debt whilst you were insolvent. Inclusion of this debt within the Individual Voluntary Arrangement constitutes acknowledgement of the debt. The Acknowledgement ended on the date IVA was terminated and we believe this to be within limitation period, unless proven otherwise. Please be aware that we will only accept official confirmation from the IVA provider."
  
  As a legal practice, I am saddened that you do not even understand the basic principles of the Limitation Act, however for clarity I shall explain it to you. Under the Limitation Act 1980 (s.5) an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. This means that unless I acknowledged a debt within the last 6 years, then it becomes Statute Barred also meaning that you are unable to request payment from me. I am not going to do your job for you, but suffice to say if something started in 2002 and ceased in 2003 yet it is the end of 2010 just now - how many years will that be? Also, to correct your mistake, whether or not I was in an IVA, the debt is NOT acknowledged unless payment is sent to you via the IVA. If I took out an IVA and never paid you, then there was never any acknowledgement; however that is not the case, but it does spell out the correct law to you.
  
  Now, you should also be aware that the OFT say under their Debt Collection Guidance on a Statute Barred debt that "[size=5]it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".
  
  The last acknowledgement to this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any action against me to recover the alleged amount claimed. The Guidance further states that "[size=5]continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment".
  
  As such, you can take this as my formal notice to cease communication with me as no further letters will be responded to, however in the meantime I do await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.
  
  I look forward to your reply.
  
  Yours faithfully
  
  
  Sign Digitally

Hi Never-In-Doubt,
Thanks for the template, I am soo excited to send this to fairfax after reading it.
I hope you are correct and I don't hear from them again.
Again, THANK YOU soo much.

[Never-In-Doubt]

Re: Help with Unenforceability

Hiya ya

best of luck - keep us updated with progress>..... gh

[Aile5]

Re: Help with Unenforceability

Hi NID
Needing a little help. Moorcroft have sent another letter quite quickly, stating that due to me not responding to their last letter they assume that I am deliberately trying to avoid repaying therefore will instruct their clients solicitors to pursue legal action for repayment, what should I do now? Thanks once again.

[Never-In-Doubt]

Re: Help with Unenforceability

Hi NID
Needing a little help. Moorcroft have sent another letter quite quickly, stating that due to me not responding to their last letter they assume that I am deliberately trying to avoid repaying therefore will instruct their clients solicitors to pursue legal action for repayment, what should I do now? Thanks once again.

Send this to Moorcroft: ---> viewtopic.php?p=2319#p2319

[Aile5]

Re: Help with Unenforceability

Hi NID

Ok thanks, though I have already sent them this letter. does it matter? This is the second time they have threatened legal proceedings, though this time their letter stated that they will assume I am deliberately trying not to pay, they have sent the cca but the interest rate on it I believe was different to when the card was activated cause at the time I also had a loan and dont believe I signed separate docs for both. So do I send the same letter again? thanks,

[gujujainuk]

Re: Help with Unenforceability

Hiya ya

best of luck - keep us updated with progress>..... gh

Hi Never-In-Doubt,

Fairfax came back with a faster reply this time and this time I actually do not understand the letter. Again I think they are still saying I need to prove it instead of them. I have sent a private message with copy attached.

Can you suggest next steps to me, please.

[MrsD]

Re: Help with Unenforceability

Hi Guju

You'd be better emailing anything you want clarified to Niddy's email address, he checks it regularly and will see it and answer you from there. Any questions just ask.

[gujujainuk]

Re: Help with Unenforceability

Hi Guju

You'd be better emailing anything you want clarified to Niddy's email address, he checks it regularly and will see it and answer you from there. Any questions just ask.

Hi evenlessdopey,

Sorry by email address do you mean private message?

I am very new (and late) to the whole net thing.