Help with Unenforceability [UPDATED 01/2020]

[Aile5]

Re: Help with Unenforceability

Hi NID
Hope you have had a nice break. I have heard nothing from bos or capquest for weeks until today. Capquest said they would look into my query and now bos have stated yet again they sent me the docs so acount remains enforceable and this is their final response. What should I do now do you think? thanks

[Never-In-Doubt]

Re: Help with Unenforceability

Hi NID
Hope you have had a nice break. I have heard nothing from bos or capquest for weeks until today. Capquest said they would look into my query and now bos have stated yet again they sent me the docs so acount remains enforceable and this is their final response. What should I do now do you think? thanks

Hiya

No reply necessary for any of them - just sit tight and keep us updated!

Best of luck

[a-a]

Re: Help with Unenforceability

MBNA defaulted me in June 2009 after I had stopped paying following instructions from solicitors who were challenging the enforcability of the agreement. The agreement has 9 breaches of the prescribed terms of which I have a copy. MBNA sold the debt to Direct Legal & Collections a trading name of Hillesden Securities who have attempted to contract with me since August 2009. Initially I referred them to the solicitor until it became apparent that they weren't going to do much with it after a court ruling earlier this year. I sent them 3 letters with from the Freeman On The Land template generator and they have never started collection proceedings against me. They did reply after the 3rd letter saying they would not communicate in this matter, and as we know silence is their agreeing to what is in the letters. I do need some help with making a formal challenge to Experian and Equifax in relation to the default, this was placed on my credit file whilst the agreement was being disputed.

DL&C purchased a debt from MBNA in June 2009 who entered a default whilst the agreement was still being disputed. I have never paid DL&C a penny and have them on notice of default. I want the default removed from my credit file, I have my audited agreement which clearly highlights 9 breaches. I'm guessing I need to send copies of the audited agreement to both MBNA and DL&C along with previous communications from solicitors who were involved in the process at the beginning. DL&C claim the agreement is enforcable but have yet to prove otherwise and have never started collection proceedings against me. Should I bother with MBNA and DL&C or go down the ombudsmen route?

[Deepie]

Re: Help with Unenforceability

MBNA defaulted me in June 2009 after I had stopped paying following instructions from solicitors who were challenging the enforcability of the agreement. The agreement has 9 breaches of the prescribed terms of which I have a copy. MBNA sold the debt to Direct Legal & Collections a trading name of Hillesden Securities who have attempted to contract with me since August 2009. Initially I referred them to the solicitor until it became apparent that they weren't going to do much with it after a court ruling earlier this year. I sent them 3 letters with from the Freeman On The Land template generator and they have never started collection proceedings against me. They did reply after the 3rd letter saying they would not communicate in this matter, and as we know silence is their agreeing to what is in the letters. I do need some help with making a formal challenge to Experian and Equifax in relation to the default, this was placed on my credit file whilst the agreement was being disputed.

DL&C purchased a debt from MBNA in June 2009 who entered a default whilst the agreement was still being disputed. I have never paid DL&C a penny and have them on notice of default. I want the default removed from my credit file, I have my audited agreement which clearly highlights 9 breaches. I'm guessing I need to send copies of the audited agreement to both MBNA and DL&C along with previous communications from solicitors who were involved in the process at the beginning. DL&C claim the agreement is enforcable but have yet to prove otherwise and have never started collection proceedings against me. Should I bother with MBNA and DL&C or go down the ombudsmen route?

Hiya
If I was you just keep i don't think you would get the default removed, i was in the same boat with solicitors 100k of debt just keep

[MrsD]

Re: Help with Unenforceability

Hi a-a

I would be inclined to agree with in2 deep, you're doing Ok so far, and getting defaults removed is notoriously difficult. No point in advertising that you seem to be beating them just for a default, it will fall off your file in June 2014 anyway. Is there a really compelling reason you want rid?

[a-a]

Re: Help with Unenforceability

Hi a-a

I would be inclined to agree with in2 deep, you're doing Ok so far, and getting defaults removed is notoriously difficult. No point in advertising that you seem to be beating them just for a default, it will fall off your file in June 2014 anyway. Is there a really compelling reason you want rid?

It's the principle really, how can these parasites be allowed to go about doing what they do without recourse? I do understand what you are saying guys and if that's the best advice then so be it, I'll accept it.

[Pixie]

Re: Help with Unenforceability

Hi a-a

I agree with in 2 deep and evenlessdopey.


You've stopped repayments so you've defaulted, regardless of whether the agreement complies with s78.


To be honest, I'd just let sleeping dogs lie. If they haven't started collection proceedings just ignore them until they start hassling you. Don't send anything else to them and don't bother with the Ombudsman.

[Never-In-Doubt]

Re: Help with Unenforceability

I concur with the above, just leave it well alone - they can and will default you. Look and read McGuffick v RBS for proof of this!

[Never-In-Doubt]

Re: Help with Unenforceability

It's the principle really, how can these parasites be allowed to go about doing what they do without recourse? I do understand what you are saying guys and if that's the best advice then so be it, I'll accept it.

CRA's are more than parasites, they are scum - however after McGuffick it was clear that they can and will represent a true state of account conduct which means they can and will default you, sorry but it'll have to stay!

[mikethesaint]

Re: Help with Unenforceability

Hi I am on a dmp through CCCS and have been so for the last 4 years,I have debts with

Lloyds tsb(loan)which has been transferred to Westcot balance c £15k(including ppi which is in dispute this was originally £5580 in october 2003)

Lloyds Tsb credit card personal approx £11000

Egg loan(2006) £10250

Rbs credit card £5669(they have just offered f&f at 75%of this)

Natwest business card £4200 approx (2005)

VW FINANCE £1700 (2004) car written off by son uninsured

can you advise if likely to be enforceable or not many thanks

Mike

[Never-In-Doubt]

Re: Help with Unenforceability

Hi I am on a dmp through CCCS and have been so for the last 4 years,I have debts with

Lloyds tsb(loan)which has been transferred to Westcot balance c £15k(including ppi which is in dispute this was originally £5580 in october 2003)

Lloyds Tsb credit card personal approx £11000

Egg loan(2006) £10250

Rbs credit card £5669(they have just offered f&f at 75%of this)

Natwest business card £4200 approx (2005)

VW FINANCE £1700 (2004) car written off by son uninsured

can you advise if likely to be enforceable or not many thanks

Mike

Hi Mike & Welcome

Basically each account comes with it's own pro's and con's so to be fair unless you asked for the CCA then it's hard to say - however i'm surprised you've been paying into a DMP for 4 years and still have such high balances, whoever allowed it to go through needs a slap as an IVA/BR would probably have been a better option, 4 years ago when the balances shown were higher!

However, hindisight eh? Moving forward, you may be better setting up your own diary and then see what the CCA's bring, and in the meantime provide me the necessary info which will then help us determine whether you're going to be best continuing with a dmp or considering UE.....

Have a mooch here:---> Unenforceability Diaries - Read me First! and provide info as requested here: ---> #2

[MobyUK]

Re: Help with Unenforceability

Hi folks. Well I sent the CCA request to MBNA by registered post, guaranteed next day delivery by 1 o'clock, on 7th March and to date I have had no reply. I'm assuming that the 14 days have now past.
I did have a call asking if it was me who had sent the letter, because of not manually signing the letter, so I know they received it.
I'm assuming, or hoping, that the bank holidays during the period have no effect.

If I'm right, do I now send the "CCA Reminder" letter and am I ok stopping payments at this stage.

Thanks
Moby.

[Never-In-Doubt]

Re: Help with Unenforceability

Hi folks. Well I sent the CCA request to MBNA by registered post, guaranteed next day delivery by 1 o'clock, on 7th March and to date I have had no reply.

Why? Just use the orange (cheaper) Recorded Delivery option - NOT Special Delivery! Expensive mistake being you'll be sending 100's of letters back and forth!

I'm assuming that the 14 days have now past.
I did have a call asking if it was me who had sent the letter, because of not manually signing the letter, so I know they received it.

Okies, try and not speak to them on the phone! See this for details :---> #4

I'm assuming, or hoping, that the bank holidays during the period have no effect.

They get 14 days which equates to 2 weeks plus the weekends so it's way overdue now! However all that means is that it is unenforceable until such time they do respond....

If I'm right, do I now send the "CCA Reminder" letter and am I ok stopping payments at this stage.

If you cease payments then they will default you so make sure you know what you're doing, if you read other diaries then you'll get a better idea but because I don't know your full situation I cannot suggest whether you cease payments or not as I don't know anything about you - as per my post to Mike (above); I need you to start a diary and then provide the basic info requested prior to being able to advise what would be best - FOR YOU!

Do not send a reminder, just leave them to respond.... as for payment cessation, please start a diary first!

[MobyUK]

Re: Help with Unenforceability

Many thanks. I'll have a go at starting a diary.

Moby

[Never-In-Doubt]

Re: Help with Unenforceability

Many thanks. I'll have a go at starting a diary.

Moby

Cheers - doing so will benefit you...