Help with Unenforceability [UPDATED 01/2020]

[Aile5]

Re: Help with Unenforceability

Send a CCA request and £1.....

Hi
Ok even though I have done this with all the dca's it has been passed to? 1st credit sent me a wad of statements too in the post though I didn't ask for them, I have followed all your points, ccs req, then sold whilst in dispute, then agreement received but decided to forge ahead due to issues with interest etc and signature. Then final stand letter, then I received NOA, and the repayment letters or action will be taken, so do I start right back from the beginning again even though it is same dca I am dealing with and have done it all before.thanks

[Never-In-Doubt]

Re: Help with Unenforceability

Send a CCA request and £1.....

[Aile5]

Re: Help with Unenforceability

Hi Wondering if anyone can help
Have been as usual reading the threads but 1st credit have been quiet up until recently, my account was sold from HBOS in july 2012. Went back and forth to a number of dca's haven't paid in about 3 years. Recently 1st credit have been sending letter about 3 a week for the last 2 weeks, stating I need to repay, then offering me a discount(not a good one), now saying they will send a doorstep agent to recover repayments. Should I send anything off, when I last had an issue Niddy said to ignore, but that was a while ago, he had also said my agreement looked ok but due to them changing the interest rates without informing me and I never remember signing a credit card form with them as I had signed for a loan only which was paid off years ago) I decided on this route. Should I keep ignoring or send something? thanks very much,

[1NightInIbiza]

Re: Help with Unenforceability

Wasn't sure whether to make one, but yea you're right!

Think this is the right format?? http://forums.all-about-debt.co.uk/s...za-s-UE-Diary!

[Never-In-Doubt]

Re: Help with Unenforceability

Why don't you create an UE diary and let us help you instead of half-heartedly doing it like this; where invariably errors will occur

[1NightInIbiza]

Re: Help with Unenforceability

Haha thank you.

Just ditched a few (over limit).

[Never-In-Doubt]

Re: Help with Unenforceability

..... But first get what you can out of all accounts

[Never-In-Doubt]

Re: Help with Unenforceability

No logins don't do anything other than show them you're still there!!! Just forget about them, once you go down the UE route - forget them totally and only reply to letters they send you, stop logging in - period!

[1NightInIbiza]

Re: Help with Unenforceability

So logins etc will count? Damn haha!

The house of (credit) cards fell down when I lost my FT income to study. No idea how I got the increases!

Hmmm. I think December may well be a new start then... and without any logins!

[Never-In-Doubt]

Re: Help with Unenforceability

If you've had a credit increase then use it, don't worry too much about SB until such time you've learned not to look at the accounts again, not to login to a money manager and not until you're ready to take the UE route.

if you're being given credit increases etc then surely things aren't that bad, ie you're obviously been running them fine upto now. So maybe it's best to utilise any spare funds between the accounts then cut ALL ties and stop logging in

[1NightInIbiza]

Re: Help with Unenforceability

Haha! Hmmm, rocking the boat!

One last question. With a credit card, last paid over 2 months ago (haven't even heard from them yet!) does getting a limit increase since (a few weeks later I think) matter in terms of it becoming SB? Because I put in my income etc, is that acknowledging that its mine via electronic signatures etc? And I'm still using online banking (egg money manager automated) across all of them, for view only, does that matter?

If not... 2 months down...70 to go... :O

[Never-In-Doubt]

Re: Help with Unenforceability

Ask for the increase. Why not.

[1NightInIbiza]

Re: Help with Unenforceability

Ahh thanks

At the moment it's sitting on -1,800 to the penny - haven't got the guts to ask them for my 5th year rise to 2k given my other issues with them!!!

In theory it should stay like that until Aug-ish when interest is added, no payments in or out in the meantime, but I've been hounded over my other current accounts with them, and student loan won't be going in there.... so with any luck they pull it based on 'high risk'/non compliance with student t&cs - without me going over. Makes me look slightly better I guess!

[Never-In-Doubt]

Re: Help with Unenforceability

Hi

basically with overdrafts it's weird. There's separate guidance in the UE section regards overdrafts.

That said, yea based on what you say above that is the scenario of likely events. If you go over your limit now and get defaulted sooner then great. The account goes SB 6 years since last payment or acknowledgement. The default will stay for 6yrs since default date regardless of any SB issues. So in cases you'll find a SB debt still appears on your credit file.

Hope that makes sense

[1NightInIbiza]

Re: Help with Unenforceability

Not sure if this is the right place!

I've been looking into UE - specifically regarding debts becoming statute barred.

I understand Statute Barred is 6 years from date of last payment or acknowledgement. Is that regardless of the default date?

As I have an overdraft (student a/c) which isn't due back until July 2014 unless I breach it.

At the moment there's no way it could get paid, and unless my circumstances change dramatically in the next year, that'll stay the case.

If that's not defaulted until say Dec 2014. It wouldn't come off credit files til Dec 2020 - but the last payment into the account was Sept 2013. So when does SB time start? And would payments out effect it (some taken out a few days ago).

And if it's SB in (say) Sept 2019, any way to get credit agencies to remove the account & default in that 15 month intrim period?

Or would a better plan, hypothetically, be to go a few pennies over now, get hounded and put into default say 3/4 months from now, so that it all clears from credit file around the start of 2020?

Confused! One brighter side is that after issuing me with a few million threats, both the banks and DCAs appear to have got bored and given up for now (cue being woken up at 7am!)