Help with Unenforceability [UPDATED 01/2020]

[Never-In-Doubt]

You need to email me the cca to check if you want it checking

[Joanna Connolly Solicitors]

I have two Credit Card Agreements which I have sat on for some conciderable time now because the creditors just seem happy enough to let me pay them off with very small amounts every month. They are both pre 2007, one being Egg and the other NatWest and I have both of the original signed agreements. Both have now been assigned to other owners too, and the new owners seem happy to continue in the same vein.

Hello Beachcaster

When you say you have both of the original signed agreements, do you mean you've kept copies of them from the outset, or do you mean you've sent a s 77-79 CCA Request to the original creditor (or the debt purchaser) and they've produced signed credit agreements as a result?

Why don't you start a thread about these two debts so you can get suggestions on how to manage things situation since each situation is different.

And even having a perfectly compliant credit agreement doesn't necessarily mean that the debt would be enforceable in court if they haven't complied with all their other statutory obligations and/or have assignment issues etc.

Is the Egg debt a credit card account which was bought by Barclaycard, or a personal loan?

Ditto the NatWest debt (credit card, loan or overdraft)?

I'm interested to know which debt purchasers have bought these because that can make a difference as to how things may pan out.

I look forward to helping you with this on your own thread.

Di

[sevans17]

Hi Niddy,

Basically in a nut shell, I have a credit card that is unfortunately maxed out, paying £238 a month of which only £8 is coming off the balance !! ... its a Barclycard, however .... my ltd business account is with Barclays, my mortgage is with Barclays and and my personal current account is with Barclays ..... is it game over for me ? as I'm terrified that if I try anything with my credit card they will pull on all the other strings and create a nightmare for me ? .,..... my credit score is unfortunately already in the bin, but it just kills me to be paying Barclays over £230 a month in interest ... been paying that much for nearly 5 years now ... so that's upwards of 13 grand they've had from me in interest yet my balance has dropped by about 500 quid !! ... any advice on how to move forward with this would be very much appreciated ..... Thanks

[Still Waving]

Hi Niddy,

Basically in a nut shell, I have a credit card that is unfortunately maxed out, paying £238 a month of which only £8 is coming off the balance !! ... its a Barclycard, however .... my ltd business account is with Barclays, my mortgage is with Barclays and and my personal current account is with Barclays ..... is it game over for me ? as I'm terrified that if I try anything with my credit card they will pull on all the other strings and create a nightmare for me ? .,..... my credit score is unfortunately already in the bin, but it just kills me to be paying Barclays over £230 a month in interest ... been paying that much for nearly 5 years now ... so that's upwards of 13 grand they've had from me in interest yet my balance has dropped by about 500 quid !! ... any advice on how to move forward with this would be very much appreciated ..... Thanks

Hi

I suggest you start a thread in the Unenforceability Diaries section, giving some more detail about this account, then you can start to get some help. Have a look at this post to see the usual layout for the account information >>> https://all-about-debt.co.uk/forum/d...3228#post43228

[sevans17]

Ok, Thank you still waving

[Qwerty]

Hi, what would be the easiest way to have a CCA checked? I tried a link on a sticky thread for uploading but kept getting errors. Thanks.

[Joanna Connolly Solicitors]

what would be the easiest way to have a CCA checked?

You need to start a new thread with the basic details of the debt first so suggestions and help can be given in context. Once you've done that the credit agreement can be emailed to Niddy for an opinion on its enforceability, but there's more to it than the credit agreement document.

Use this format >

• Type of account (credit card/loan/overdraft)
• Date commenced (ideally before April 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 or debt purchaser)

I look forward to helping you.

Di