Help with Unenforceability [UPDATED 01/2020]

[MrsD]

Re: Help with Unenforceability

the email address is never-in-doubt@live.co.uk.
If you scan the documents and save as an attachment then email to Niddy, he'll be able to have a look and advise you for the best.

Don't worry you'll get there!

Dopey

[Never-In-Doubt]

Re: Help with Unenforceability

Yep. Cheers. Back in morning so email it tonight if you can.....

[gujujainuk]

Re: Help with Unenforceability

the email address is never-in-doubt@live.co.uk.
If you scan the documents and save as an attachment then email to Niddy, he'll be able to have a look and advise you for the best.

Don't worry you'll get there!

Dopey

Hi evenlessdopey and Never-In-Doubt,

I have sent an email to the never-in-doubt@live.co.uk email address. It is a copy of the private message I had sent earlier today. I re-wrote the whole letter FairFax had sent to me so I did not send it as attachment.

GujuJainUK

[Never-In-Doubt]

Re: Help with Unenforceability

I have sent an email

Hiya, you need to start to copy and attach things so I can see the real letters they are sending - you retyping it is not the same. A tiny typo by you can change the whole concept of the letter - please try and photo things or scan them and then email me the actual document.

I do not deal with anything via PM or nobody would post on the forums, they'd all be PMing me so please stick to posting things on here then email me anything you get in the post. Sorry, same rules apply for all - Niddy does not do PM's (in 3 days I have 87 to go through)! nah

Ok, regards to what they sent you - see below:

Dear Sir

Our Client: Max Recovery Limited

Thank you for your recent correspondence relating to the Limitations Act. Please read the following carefully:

LIMITATIONS ACT/ STATUTE BARRED:
If a lender allows time to pass without receiving any payment, an action for recovery may become Statute Barred. Under the Limitations Act (1980) section 5 the time limits are:

An action founded on simple contract shall not be brought after expiration of 6 years from the date on which the cause of action accrued.

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again for 6 years from the date of acknowledgement or the date of payment.

An IVA is a legally binding agreement between you (the customer) and your creditors. The IVA proposal was signed and thus acknowledgement was made in written format.

If our records are inaccurate and you are advising us that the termination of the IVA occurred over 6 years ago, we must receive written confirmation from your IVA provider to confirm the termination date of the IVA. It is your responsibility to provide us with this information.

Yours faithfully,
Fairfax Solicitors Limited

To the above bollocks, you respond with the following:

• Dear Sirs,
  
  Ref: xxxxxxxx
  
  I write with reference to your letter dated xx/xx/2010; the content having been noted and disregarded as the nonsense that it is.
  
  I do not have the time nor the patience to sit here and spell out the law to a law firm however suffice to say no, you are wrong in your ascertains that it is my responsibility to provide you with the information being you are the ones hassling me. Forgetting the Limitation Act for a moment, switch to the OFT Guidance for Debt Collection and you'll clearly see the onus is actually on the lender/owner to ensure they have accurate records prior to chasing an alleged debt. As you've jumped in with two feet and not done your homework I am happy to let you progress this to court so please feel free and start action - then we'll see just how clever you really are won't we? I reiterate the OFT Guidance quoted last time for you, in the hope it sinks in prior to my seeking action against you for harassment.
  
  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 guarantee that you are no longer able to take any action against me to recover the alleged amount claimed. The Guidance further states that "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".
  
  I strongly suggest you seek guidance prior to responding because you evidently do not understand the finer points of consumer law; this fiasco of sending me silly responses will be used against you in court to further prove my point that you do not have a clue what you're doing and have made mistake after mistake.
  
  Now, take this as my final response on the matter. I strongly suggest you update your records to reflect this statute barred account or take me to court; in which case a costs order will be requested along with a claim for compensation based on your lack of diligence in dealing with alleged debtors and your strong-arm bullying tactics.
  
  Yours faithfully,
  
  
  Sign Digitally

[Never-In-Doubt]

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,

Hiya

Send it again yes. It doesn't matter that you duplicate it, you need for them to pay attention though! :grumble

[gujujainuk]

Re: Help with Unenforceability

Hi Never-In-doubt,
Sorry, I never got back to you - I lost my internet connection and my ADSL is still stuck in some techno term called LLU or TAG or something. I hope I read the rules correctly - I have sent you an email to your live.co.uk email address with PDF format attachment of all the letters. From reading the latest letter, I think I have come full circle - by that I mean I think I need to send them the same old original template you had provided. Hoping you help,
GujuJainUK

[Never-In-Doubt]

Re: Help with Unenforceability

Hi Never-In-doubt,
Sorry, I never got back to you - I lost my internet connection and my ADSL is still stuck in some techno term called LLU or TAG or something.

Hiya, read this: ---> http://www.broadband.co.uk/guides/beginners/page2/

May help explain what it is.....

[Never-In-Doubt]

Re: Help with Unenforceability

From reading the latest letter, I think I have come full circle - by that I mean I think I need to send them the same old original template you had provided. Hoping you help,
GujuJainUK

Hiya ya

Just send this - that ought to do the trick.

• Dear Sirs,
  
  Ref: xxxxxxxx
  
  I write with reference to your letter dated 06 December 2010 in response to my letter of 23 November 2010. I am shocked that you still think you have a legal right to pursue a Statute Barred debt to which my next move is to simply ignore you and hope you decide to take some form of legal action, which I will of course defend and counterclaim against you for costs and compensation for your unlawful harassment.
  
  I made myself clear in my last letter that if I started an IVA in 1999 yet this IVA ceased in 2002 yet it is now 2010, how many years is that?
  
  I really have nothing more to say to you other than bugger off and leave me alone or take this to court - your decision.
  
  
  Sign Digitally

[gujujainuk]

Re: Help with Unenforceability

Hi Niddy,
I have posted the template you kindly provided to me today but when I got home I got another letter from FairFax dated 07Dec2010. They are saying unless I pay full amount before 5pm today (07Dec2010) they will send debt collectors and put CCJs on my credit file. I am getting worried now, I honestly do not have the money they are asking for and recently my employer-company has merged with another so my career is up in the air. At least until end of Apr2011 I won't know. What do you think, can they put CCJs on my credit file, my work-contract people check it often and I am not allowed to be in finance trouble otherwise it is 100% unemployment for me. Looking forward to you're reply,
GujuJainUK

PS - I have sent you another email to your live.co.uk address with all the letters in PDF file format. The last page is FairFax's 07Dec2010 letter.

[Never-In-Doubt]

Re: Help with Unenforceability

Hiya

Stop fretting. Read my section on bailiffs & harassment - nobody can send a bailiff unless judgement has been made against you. Likewise a ccj cannot just be issued, only a judge can issue ccj. However due to your job, you would admit any claim made and make repayment offer which avoids any ccj. You can do this after a lender starts proceedings....

Don't worry - its the 10th, have illegal bailiffs turned up? No!!

Check the letter, they use the word "may" an awful lot.... nah

[Never-In-Doubt]

Re: Help with Unenforceability

Plus, this is clearly statute barred so you would get ANY claim struck-out

[gujujainuk]

Re: Help with Unenforceability

Thanks Niddy.
BT says they will reconnect me to internet ADSL connection on 24Dec
I am wondering if this will actually happen.
Anyway, new year will see new broadband connection.
Woo Hoo
Thanks for your help,
GujuJainUK

[Never-In-Doubt]

Re: Help with Unenforceability

Hiya

Regards to your last email, just ignore it - there is a delay in letters and this was dated 3 days prior to your final letter so sit tight and ignore fairfax from now on, just send me an email with the LATEST letter please, not a running total - I remember the case, I have fought it for you!

They cannot do anything to you - stop stressing, you are confident it is SB'd so let them take action, the muppets!

[Aile5]

Re: Help with Unenforceability

Hi again NID
Another bit of help if poss please. I sent the letter off to moorcroft again (2nd time same letter) and they sent me the same reply(2nd time) just stating again that they have been in contact with creditor who have stated that docs were sent, reply before further action.... going round in circles at minute it seems, what to do next do you think? thanks for the help

[Never-In-Doubt]

Re: Help with Unenforceability

Just ignore from now on, however when anyone contacts you - update this thread....