Help with Unenforceability [UPDATED 01/2020]

[Never-In-Doubt]

Re: Help with Unenforceability [UPDATED 09/2015]

Not sure Promissory Estoppel applies because the original creditor still owns the account. Presumably therefore, the original promissory estoppel applies which is the original contract (bear in mind it applies to contract law) and thus the creditor retains the original estoppel notice which would supersede any informal arrangement. The original estoppel is technically the creditor agreeing to lend the customer £X and the customer agreeing to repay X% per month.

Plus it'd be more a case of IF the OC got clever then the debtor would need to start proceedings (and it's 50/50 on chance of success based on the judge on the day) or IF the lender themselves issued a claim then we'd utilise the informal agreement in any defence anyway.

Splitting feathers really as its evident the OC are happy with the current repayment plan.

[PlanB]

Re: Help with Unenforceability [UPDATED 09/2015]

Sounds like promissory estoppel comes in to play and that you are correct.

Bear in mind that just because the law gives you a defence it doesn't mean the claimant won't go to court. Doesn't mean they'd win though.

And even if the creditor does issue a claim the Defence of 'Tender Before Claim' may assist too

http://uk.practicallaw.com/3-205-5126

Plan B x

[mystery1]

Re: Help with Unenforceability [UPDATED 09/2015]

now then . 2 questions for you

first, I have an old cc a/c defaulted years ago and enforceablle which I've been paying nominal amounts on for several years. It is still with the original lender. When thenotional payments were agreed by the lender many years ago they wrote and said provided I continue to make these payments they will take no further action and will not pass to a DCA. I've always read that as basically a binding agreement which protects me from any enforcement action at any time in the future provided I keep paying. Am I right ?

Sounds like promissory estoppel comes in to play and that you are correct.

Bear in mind that just because the law gives you a defence it doesn't mean the claimant won't go to court. Doesn't mean they'd win though.

M1

[PlanB]

Re: Help with Unenforceability [UPDATED 09/2015]

Does anything change within the whole scheme of these things when a debtor reaches retirement age ? Are there any EU laws or such which provide exemption from persecution of the aged ?

There is no immunity from debt once you reach retirement age.

However if 'mental capacity' becomes an issue (such as Alzheimer's and dementia) then there may be a certain amount of forbearance by a creditor. This can be a problem for debts in joint names when one of the parties is no longer able to manage their own affairs so the other is hounded by the creditor.

Credit taken out after retirement age (or taken out before but due to expire after retirement age) can sometimes be seen as irresponsible lending unless the creditor sought to establish how the debt would be paid off as the years go by and work opportunities diminish.

Plan B x

[cardiac arrest]

Re: Help with Unenforceability [UPDATED 09/2015]

Many of our members can testify to Niddy's answer to question 2

doddering debtors, sounds like a 60's pop group

[Pixie]

Re: Help with Unenforceability [UPDATED 09/2015]

Many of our members can testify to Niddy's answer to question 2

[Never-In-Doubt]

Re: Help with Unenforceability [UPDATED 09/2015]

1. No. The only binding agreement is either the contractual payments or a court order. Anything in between can result in action / sale etc.

2. No. Sorry

[cardiac arrest]

Re: Help with Unenforceability [UPDATED 09/2015]

now then . 2 questions for you

first, I have an old cc a/c defaulted years ago and enforceablle which I've been paying nominal amounts on for several years. It is still with the original lender. When thenotional payments were agreed by the lender many years ago they wrote and said provided I continue to make these payments they will take no further action and will not pass to a DCA. I've always read that as basically a binding agreement which protects me from any enforcement action at any time in the future provided I keep paying. Am I right ?

second question, and a bit of a flyer this one. Does anything change within the whole scheme of these things when a debtor reaches retirement age ? Are there any EU laws or such which provide exemption from persecution of the aged ? (haha, I like the sound of that.....)

thank you

[Never-In-Doubt]

Re: Help with Unenforceability [UPDATED 09/2015]

The default is for £807 for early termination. I have wrote to EE/T mobile to review the default but they insist that I owe them that amount.

I have 3 months worth of bills all quoting I was placed on a price plan of £42.99. Mobile phones direct who are the 3rd party retailer admitted this was a mistake but they never rectified the mistake. thus my frustration and subsequent arse over tit reaction.

I have wrote to mobile phones direct to try and address their mistake and the subsequent default it has left me with but I have received no reply.

so EE/t mobile refuse to remove the default and mobile phones direct don't respond.

I readily admit I went about this wrong. but that shouldn't entitle EE/t mobile to place a default for an amount I didn't agree to.

Email the CEO of the mobile provider - here

karl.borges@mobilephonesdirect.co.uk

Let me know how you get on.....

[dennisim]

Re: Help with Unenforceability [UPDATED 09/2015]

The default is for £807 for early termination. I have wrote to EE/T mobile to review the default but they insist that I owe them that amount.

I have 3 months worth of bills all quoting I was placed on a price plan of £42.99. Mobile phones direct who are the 3rd party retailer admitted this was a mistake but they never rectified the mistake. thus my frustration and subsequent arse over tit reaction.

I have wrote to mobile phones direct to try and address their mistake and the subsequent default it has left me with but I have received no reply.

so EE/t mobile refuse to remove the default and mobile phones direct don't respond.

I readily admit I went about this wrong. but that shouldn't entitle EE/t mobile to place a default for an amount I didn't agree to.

[Never-In-Doubt]

Re: Help with Unenforceability [UPDATED 09/2015]

Hello.

I have a question regarding weather a default placed on my credit files is enforceable.

I purchased a mobile phone from a 3rd party retailer on a price plan of £21.99. When I received my first bill it was for £42.99.

I refused to pay the bill until the matter was resolved but the 3rd party retailer never instructed the mobile service provider to amend the price plan.

After a few months of waiting and requesting the 3rd party retailer to amend the price plan frustration got the better of me and I returned the phone and never made any payments.

I now have a default for the full 24 month contract at £42.99 per month. as this default is not for the £21.99 per month I agreed to surely it is unenforceable and where do I start with getting the default removed from my credit file?

thank you to any advice.

Hiya

The problem straight away is that when you sign up to a new contract - especially through a third party - then you usually pay the current month plus the next up to the billing date - so in theory it could be anything from 5-8 weeks as your first payment. This is due to the fact a DD takes 14 days to set up plus they align you a billing date which you'll usually be too early for (ie within the first 14 days) so that's why all mobile firms on monthly contracts work like this - it is also explained in all terms that I have ever read.

You have 14 days to cancel - you cannot just send it back after a month - that is technically a breach on your behalf as you ended the agreement early and therefore a default will be placed against you. Sadly, you've went about this arse-over-tit.

No nicer way of putting it.

The default entry on your credit file should be for the monthly amount, however if it reads as being for £42 then that's what they are classing as owed - so if you paid it then the default would be marked settled. However it's worth writing to the CEO of the operator (ie EE / Voda whoever you used) and explain the mess and ask for leniency and for them to remove the default and just cancel the contract as mis-sold. They usually will oblige if what you've said is right and it was within a month of commencement of the contract that you sent it back.

[dennisim]

Re: Help with Unenforceability [UPDATED 09/2015]

Hello.

I have a question regarding weather a default placed on my credit files is enforceable.

I purchased a mobile phone from a 3rd party retailer on a price plan of £21.99. When I received my first bill it was for £42.99.

I refused to pay the bill until the matter was resolved but the 3rd party retailer never instructed the mobile service provider to amend the price plan.

After a few months of waiting and requesting the 3rd party retailer to amend the price plan frustration got the better of me and I returned the phone and never made any payments.

I now have a default for the full 24 month contract at £42.99 per month. as this default is not for the £21.99 per month I agreed to surely it is unenforceable and where do I start with getting the default removed from my credit file?

thank you to any advice.

[Never-In-Doubt]

Re: Help with Unenforceability [UPDATED 09/2015]

updated - 09/2015

[MrsD]

Re: Help with Unenforceability

well hello Mr Bond!

welcome to AAD,

shitloads are pretty common around here

If you could start a diary in the UE diaries using this format, we can have a look

Have a read at this first http://forums.all-about-debt.co.uk/s...-Read-me-First!

and here is the format



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)

[PlanB]

Re: Help with Unenforceability

I have just joined and I have what can be technically described as a "shit load" of debt.

Some of it is (I suspect) enforceable some not. Can I start a diary for all of it together or do I need to split it up.

Hello XX007 and to AAD

I have a shit load of debt too so we have a lot in common.

Please start a new diary listing each debt in a separate post but keep all the debts on the one thread. I'll get someone to post up the ideal looking format for you. In the meantime start to read some of our UE Diaries to get yourself in a good mood.

If any of your debts are mortgage related then you can do a separate thread for those in the Debt and Housing section because they get treated differently.

Plan B x