Unenforceability! What is My Next Move?

[homer22dog]

Unenforceability! What is My Next Move?

HI, I have been following Unenforceability forums for a while, I am not to confident with typing so I am sorry for not responding sooner!

• I have been checking out the unenforceability of two credit card accounts Halifax and Barclaycard since August 2009 (account where opened 2001 and 2003), both have failed after repeated requests to send me a CCA with the prescribed terms, I have had signed application forms; can these be used for enforceability?

• I have since contacted the Financial Services Ombudsmen; although I think I’ve made a mistake contacting them. I contacted the FSO due to both Halifax and Barclaycard not sending CCA and not acknowledging my accounts as in dispute.
• The FSO dealing with the Halifax account have said that the lack of a CCA with prescribed terms is not terms to raise a dispute as Halifax are certain that they are perusing the correct party for the debt; the FSO have indicated that Halifax don’t have the original CCA.
• Just had a letter from Wescot Credit Services acting for Halifax after they phoned me and I told them that the account was in dispute; they wrote: -

“We will suspend all collections activity on the above account whilst the matter is under investigation. This means that we will not write to you in pursuit of the account whilst it is being investigated.”

It then carries on how they will investigate the account.

• The FSO dealing with Barclaycard has said that he feels it reasonable for Barclaycard to continue to pursue me for repayment; he also says that Barclaycard are certain that they are perusing the correct party for the debt so the lack of a CCA is not ground for a dispute. I have had lots of trouble with Barclaycard they do not respond to my requests for CCA or dispute letters; they are still adding interest and have passed the account over to Mercer. I have referred the complaint back to the FSO 3 times, saying that all that I want is a CCA with prescribed terms, each time it just comes back with misleading words and phrases going over the same points as before, still no acknowledgment of the original CCA.

Questions?
1. What is my next move with Halifax?
2. What is my next move with Barclaycard?
3. How do I stop Barclaycard adding interest, they do not respond to my letters which have been sent recorded delivery?
4. Should I carry on my complaint to the FSO?
5. I am also considering offering full and final payment next year, can I do this or will it cause me trouble?

Thank you in anticipation for all your help! Sorry if my wording seem confusing.

[Never-In-Doubt]

Re: Unenforceability! What is My Next Move?

• I have been checking out the unenforceability of two credit card accounts Halifax and Barclaycard since August 2009 (account where opened 2001 and 2003), both have failed after repeated requests to send me a CCA with the prescribed terms, I have had signed application forms; can these be used for enforceability?

Application forms are not enforceable - no.

• I have since contacted the Financial Services Ombudsmen; although I think I’ve made a mistake contacting them. I contacted the FSO due to both Halifax and Barclaycard not sending CCA and not acknowledging my accounts as in dispute.

Correct - big mistake and waste of time - the FOS cannot and will not rule on anything regards to unenforceability - just ask them to close their complaints, you cannot and will never win this argument.

• The FSO dealing with the Halifax account have said that the lack of a CCA with prescribed terms is not terms to raise a dispute as Halifax are certain that they are perusing the correct party for the debt; the FSO have indicated that Halifax don’t have the original CCA.

See above ^^

• Just had a letter from Wescot Credit Services acting for Halifax after they phoned me and I told them that the account was in dispute; they wrote: -

“We will suspend all collections activity on the above account whilst the matter is under investigation. This means that we will not write to you in pursuit of the account whilst it is being investigated.”

Ignore wescot for the time being..... they are irrelevant.

It then carries on how they will investigate the account.

LOL 1

• The FSO dealing with Barclaycard has said that he feels it reasonable for Barclaycard to continue to pursue me for repayment; he also says that Barclaycard are certain that they are perusing the correct party for the debt so the lack of a CCA is not ground for a dispute. I have had lots of trouble with Barclaycard they do not respond to my requests for CCA or dispute letters; they are still adding interest and have passed the account over to Mercer.

Me thinks you ought to spend some time reading people's UE diaries and definitely read my new thread here: --->
viewtopic.php?f=13&t=401

I have referred the complaint back to the FSO 3 times, saying that all that I want is a CCA with prescribed terms, each time it just comes back with misleading words and phrases going over the same points as before, still no acknowledgment of the original CCA.

Why refer it back at all? If the lender does not comply with your s.78 request then the account is unenforceable until such time they do respond so you ignore them - it aint a quick fix that happens overnight you know? It is ongoing for 6yrs afterwhich the entry is wiped from your credit file and then becomes statute barred. You have not read enough - read my guides in the UE sections.....

What is my next move with Halifax?

Send this to the DCA: ---> viewtopic.php?p=2310#p2310
and send this to the original creditor with a copy of the template you send the DCA: ---> viewtopic.php?p=1629#p1629

What is my next move with Barclaycard?

Send this to the DCA: ---> viewtopic.php?p=2310#p2310
and send this to the original creditor with a copy of the template you send the DCA: ---> viewtopic.php?p=1629#p1629

How do I stop Barclaycard adding interest, they do not respond to my letters which have been sent recorded delivery?

You don't - once they default you and sell the rights (called assignment) then interest is usually stopped but why do you care if they add interest, you aint paying them back are you? So let them add £10,000 interest - it does not affect you in the slightest!

Should I carry on my complaint to the FSO?

No - drop both complaints as both are unfounded and have no legal standing nor should they ever have been accepted by the FOS. Waste of time.

I am also considering offering full and final payment next year, can I do this or will it cause me trouble?

You can do it, you should wait til the accounts have defaulted so you get a better deal, but if UE then save your dosh cos once defaulted, whether settled or outstanding - you'll get no credit for the 6yr default period anyways so making offers is like throwing good money away.

Best of luck - i'd be starting an UE Diray if I was you? read here: ---> viewtopic.php?p=6789#p6789

[homer22dog]

Re: Unenforceability! What is My Next Move?

Thanks you Never-In-Doubt, you are a great help; I will start my diary shortly.
Just one question on statues barred; if the account is taken off your credit file after 6 years, is their any indication left on the file to the previous 5 years of missed payments or will all information linked to the account be taken off, sorry if this is already covered somewhere else.

Thanks again!!!!!!

Homer11dog

[Never-In-Doubt]

Re: Unenforceability! What is My Next Move?

When you get defaulted the entry goes in its entirety after 6yrs from the default date. Even if the debt is unpaid - that is why you don't want to make payments for 5 years cos if you do that, then get a default it is showing for a total of 11 years - so best to get defaulted earlier so your credit record is cleaned sooner.