unenforceable with proof - now what

[malamute]

hi all,

I have a letter from natwest stating that my credit card is unenforceable - YAY!

I've no dca after me, no calls, just monthly statements

So what now?

1. Can i have the default removed - defaulted in summer 2009?
2. I still receive statements - some fsa rule - should return to sender?
3. is there anything i can do?
4. Can it ever be statute barred if i am getting statements?

Thanks!

[Deepie]

Re: unenforceable with proof - now what

You do nothing, but keep that letter safe, the 6 years started when you made your last payment. I too have a letter like that from RBS dates back to Oct 2008 & I still get statements each mounth I think last mounth they asked for 6k min payment

[Deepie]

Re: unenforceable with proof - now what

You send this letter if anybody hassels you >Unenforceability Templates - Section 2 along with a copy of the letter you have

[malamute]

Re: unenforceable with proof - now what

Thanks - must look up when the last payment was made.

Does make me laugh when i see the minimum payment!

[Never-In-Doubt]

Re: unenforceable with proof - now what

1. Can i have the default removed - defaulted in summer 2009?
2. I still receive statements - some fsa rule - should return to sender?
3. is there anything i can do?
4. Can it ever be statute barred if i am getting statements?

1. No! It'll stay for the full 6 years in line with McGuffick v RBS Judgment
2. They have to send them, if you return they'll then set tracing agent onto you - just store them - this debt has not gone away you know? If they recreate or find the agreement at any point, it becomes enforceable again
3. Just stay quiet and do not contact anyone that contacts you about this - you need to see out 6 years from date of last payment to reach statute barred
4. Of course! It is your acknowledgment that affects SB - see above point, stay quiet now to get there quicker.

[malamute]

Re: unenforceable with proof - now what

ah ok - i was contacted by AIC but I've a date that i sent a letter to them saying it was unenforceable (made them go away) so I'll record that date and let the clock tick.

The card dates back to late 70s so keeping my fingers crossed.

thanks all!

[Deepie]

Re: unenforceable with proof - now what

ah ok - i was contacted by AIC but I've a date that i sent a letter to them saying it was unenforceable (made them go away) so I'll record that date and let the clock tick.

The card dates back to late 70s so keeping my fingers crossed.

thanks all!

Late 70s

[Never-In-Doubt]

Re: unenforceable with proof - now what

ah ok - i was contacted by AIC but I've a date that i sent a letter to them saying it was unenforceable (made them go away) so I'll record that date and let the clock tick.

The card dates back to late 70s so keeping my fingers crossed.

thanks all!

No, that does not admit liability, ONLY payment or actual admittal of the debt would bring it out of statute.

[CleverClogs (RIP)]

Re: unenforceable with proof - now what

I too have a letter like that from RBS dates back to Oct 2008 & I still get statements each month; I think last month they asked for 6k min payment

Perhaps that silly demand was part of a cunning plan to get you to acknowledge the debt by telling them that, if they sent daft demands, you'd not even include them in your monthly creditors' draw?

[treblex33]

Re: unenforceable with proof - now what

Guys is the creditor allowed to sell whilst the debt is unenforceable?

Barclaycard send me a letter to say they sold it on to a dca, some lowell financial ltd? It was probably sold for pee nuts, the funny side is that 3 times they refused my f&f offer, must be a principal thing.
Anyway I'm concerned cos in theory they can add to the credit file, as the new owners of the debt.

thanks

[CleverClogs (RIP)]

Re: unenforceable with proof - now what

Guys is the creditor allowed to sell whilst the debt is unenforceable?

Yes.

If you knew that someone would pay you money for your crap, would you really just flush it away?

[treblex33]

Re: unenforceable with proof - now what

Nice one cleverclogs
ok so you say the debt can be reassigned formally, whilst the acc is in dispute.

but how can the dca report data to the credit agencies if there is no agreement between you and the dca since there is a dispute of existence.
I dont have a legal background but i would think that dca could possibly be challenged legally to stop reporting data, worth considering
any opinions from the legal sound minds here? i have a lawer friend so will discuss and update here how i get on

[Never-In-Doubt]

Re: unenforceable with proof - now what

There is no dispute of existence - the moment you "spent" on the card you admitted it existed, you're actually arguing (not disputing) the formal legality of the terms - nothing to do with anything else......

Say for instance someone applied for a card using a wrong name or DOB etc - that would not affect the lender, moreso the debtor as it is fraud - therefore in such an example the debtor would not be able to say "it's not mine" without lying in which it becomes attempted fraud and they could call in the old bill. However if it was genuinely not the debtors then this would be disputed and all inaccurate data should then be removed.

Point is, if you did take out a card with X bank then there cannot be a dispute as to the actual existence - only the enforceability of the account itself.

Regards to DCA's reporting data, they can do this all day long if the OC assigns the debt, as they do - BUT they must leave the original default the same, close the old entry and add a new one with their details. McGuffick v RBS put paid to s.10 Cease & Desist warnings......