Help with Unenforceability [UPDATED 01/2020]

[Aile5]

Re: Help with Unenforceability

Thanks
Though it looks like i spoke too soon. I got a letter ftom 1st credit that says notice of assignment they have purchased my debt from my creditor. So help what do i do now. My account has been passed from one dca to another over the past couple of years and i sent the letters off niddy told me to. Do i send the account sold whilst in dispute yet again as its a new dca and follow through like this again. Thanks v much.

[Never-In-Doubt]

Re: Help with Unenforceability

Thanks
Though it looks like i spoke too soon. I got a letter ftom 1st credit that says notice of assignment they have purchased my debt from my creditor. So help what do i do now. My account has been passed from one dca to another over the past couple of years and i sent the letters off niddy told me to. Do i send the account sold whilst in dispute yet again as its a new dca and follow through like this again. Thanks v much.

Is this a HBOS debt by any chance?

read the forums, today has seen a lot of 1st credit purchases.....

I would send the sold in dispute template, yes

[Aile5]

Re: Help with Unenforceability

Hi yep it is a Hbos debt. Right will send letter off and have a read through other posts thanks

[Aile5]

Re: Help with Unenforceability

Hi again

Ok sent the account in dispute letter off to 1st credit. They have sent me a huge block of statements/invoices that have just been typed onto plain paper. In their letter they stated please find enclosed statements you requested. I sent off the account in dispute letter thats all. So can anyone help as what i should do or send next. Thanks. Help appreciated.

[mgfboy]

Re: Help with Unenforceability

I would write back to them , enclosing a copy of your last letter asking them to actually read it!!!!

[Aile5]

Re: Help with Unenforceability

Hi again
Will poss resend letter though upon re reading it does say in the letter about providing an agreement or statements. No agreement was provided though. So on that basis would resending the account in dispute letter still be valid. Thanks

[Never-In-Doubt]

Re: Help with Unenforceability

Hi again
Will poss resend letter though upon re reading it does say in the letter about providing an agreement or statements. No agreement was provided though. So on that basis would resending the account in dispute letter still be valid. Thanks

This is 1st Credit right? Send this....

---> Our Templates | Unenforceability Templates | Final Response - CCA Request

[Aile5]

Re: Help with Unenforceability

Hi N-I-D
Yes its 1st credit. I have never sent 1st credit a cca request. I hadnt heard anything since last year then last month got an NOA from 1st credit. so i asked on here what should i do and sent off account in dispute and today have received supposed statements of my account. So should i still send the cca req final response or just a general cca request. Thanks again

[Never-In-Doubt]

Re: Help with Unenforceability

Hiya

Have you seen this?

--> 1st Credit Threat | HBOS Mass Assignment - allaboutFORUMS

Follow that so yes send a normal cca request

[Spent2much]

Re: Help with Unenforceability

sorry if this queston has been asked many times, but my hubby has asked me to ask a question, i haven't got time to read through the whole thread that might answer the question so please forgive me for asking .

When a debt is unenforceable do we have to keep playing ping pong for six years until it becomes statute barred , basically what is the procedure please and thank you .

[Spent2much]

Re: Help with Unenforceability

Yes and no. Creditors can chase you for the whole 6 years but in most cases their contact gets less and less frequent as time goes by, to the point where you may not hear from them in years! For example in my case, I haven't heard from anyone regarding RBS since January and MBNA only contact me every Xmas - they replied to my letter of Dec 2010 in Dec 2011 and haven't heard a peep from them since.

So, although in theory collection activity continues, it often grinds to a halt for long stretches of time.

I know you say you haven't got time at the moment to do a lot of reading, but when you get a free moment, do take a look at the 'old timers' diaries, you will notice very little activity there. Mine hasn't been updated since January!

thank you flowerpower i will pass this onto hubby at work

[InDeepDebt]

Re: Help with Unenforceability

Afternoon all - hope everyone is well and enjoying the lovely cold weather.

I have a question (or two). I'm sure that the answers will be in this thread and I will have a trawl through later.

My wife took out a credit card with L1oyds in about 1990. Through various reasons, we found that we could no longer pay the minimum payments on this card or our others in about 2009. We've been doing reduced payments since.

This card has a balance of about £10k - of which about £1k is PPI. We've been paying a severely reduced amount to it for almost three years (£10 a month). Last month, we got a letter advising that the debt had been sold to carb0t. Also got a letter off carb0t. Carb0t have also tried to contact us by phone on numerous occasions by phone - presumably to get us to up the payment. We have ignored the calls. On Friday gone - I sent off a CCA request using the template letter from the National Debt Helpline website. As that was only a few days ago, we've heard nowt back. Sent the letter to Carb0t.

So, onto enforceability and what not. As the card was taken out over twenty years ago in a different name and about six house moves ago, I am assuming that L1oyds will be unable to find the original CCA or reconstitute a copy. What are the implications should there be no copy? Is it still a case of sit tight and ignore the calls and letters? Will they take us to court to try to get a court order? If they can't find a copy, is there any sense in trying to get them to accept a severely reduced (say 10%) F&F offer in order to draw a line under it - that would be my preferred option. I realise that this isn't the usual approach but I would prefer to get rid of the debt rather than just having it floating around in limbo for six years.

I'll have a good nosey around the forum tonight when I have more time. It would just be good to know what we're going to be up against in advance and how to minimise the pain that they (carb0t) may try to inflict on us.

Many thanks in advance

InDeepDebt (Jim)

[ken100464]

Re: Help with Unenforceability

A good read of this thread and then a diary is in order methinks.

Its difficult to advise on little info. I fell for that and wasnt open enough.

There are many terrific posters on here who will be able to help

Good luck.

[gravytrain]

Re: Help with Unenforceability

Have you had a look at reclaiming your PPI, only 1K I know but contractual interest over 10 years may knock a hole in the debt

[MrsD]

Re: Help with Unenforceability

Afternoon all - hope everyone is well and enjoying the lovely cold weather.

I have a question (or two). I'm sure that the answers will be in this thread and I will have a trawl through later.

My wife took out a credit card with L1oyds in about 1990. Through various reasons, we found that we could no longer pay the minimum payments on this card or our others in about 2009. We've been doing reduced payments since.

This card has a balance of about £10k - of which about £1k is PPI. We've been paying a severely reduced amount to it for almost three years (£10 a month). Last month, we got a letter advising that the debt had been sold to carb0t. Also got a letter off carb0t. Carb0t have also tried to contact us by phone on numerous occasions by phone - presumably to get us to up the payment. We have ignored the calls. On Friday gone - I sent off a CCA request using the template letter from the National Debt Helpline website. As that was only a few days ago, we've heard nowt back. Sent the letter to Carb0t.

So, onto enforceability and what not. As the card was taken out over twenty years ago in a different name and about six house moves ago, I am assuming that L1oyds will be unable to find the original CCA or reconstitute a copy. What are the implications should there be no copy? Is it still a case of sit tight and ignore the calls and letters? Will they take us to court to try to get a court order? If they can't find a copy, is there any sense in trying to get them to accept a severely reduced (say 10%) F&F offer in order to draw a line under it - that would be my preferred option. I realise that this isn't the usual approach but I would prefer to get rid of the debt rather than just having it floating around in limbo for six years.

I'll have a good nosey around the forum tonight when I have more time. It would just be good to know what we're going to be up against in advance and how to minimise the pain that they (carb0t) may try to inflict on us.

Many thanks in advance

InDeepDebt (Jim)

I would start a diary, we can't guess what will happen until they have attempted to produce some paparwork as every case is different.
Cabot should have the necessary paperwork, but lloyds aren't the greatest of housekeepers so it is possible nothing will be forthcoming, however that doesn't mean they won't chase you for it.

Have a really good read around, read some of the diaries and then start a diary then chill a bit and await developments (be prepared for a long wait)