thought this was unenforceable but default??

[chunkymunkey]

Hi,

I was hoping someone might be able to help.

A year ago I started the process of requesting a CCA from robbo way and have never been provided with anything enforceable. The letters continued and I continued responding, basically saying that until there was a proper CCA I wouldn't be making any further payments. Anyway, about 8 months ago I got a letter from robbo way saying that they were closing the case and referring it back to halifax. Halifax then obviously sent it onto a second debt collection agency, called 1st credit, as this new agency then started contacted me via letter demanding payment. I sent the same CCA request letter to first credit and the last I heard from them was in August saying that they were passing to the appropriate dept and would be in touch …

… I have just checked my credit report and halifax have added a default.

What are the chances I can get this removed? I am worried it is going to affect my chances of getting a mortgage. There is no CCA and no default notice was sent.

I had requested a SAR from Halifax, and within the info obtained it clearly states “a copy of the customers agreement is not available” but that the debt is enforceable because previous regular payments admits liability?

My main concern is getting the default off my file - how do you think I am most likely to do this? Writing letter stating no CCA/no default letter and the law at them? Or just writing saying didn't get notice letter and will pay in full if they remove?

Any advice on my next move would be greatly appreciated.

[Never-In-Doubt]

Re: thought this was unenforceable but default??

They are legally entitled to add a default as it is a true reflection of the account, ie you missed payments.

Thus if you wish to preserve your credit rating UE is 100% not for you. You cannot get it removed, unfortunately.

McGuffick v RBS put paid to that..... sorry, but you're stuck with this for 6yrs and will struggle for a mortgage in that time.

Linky: ---> McGUFFICK v RBS [2009]

[Never-In-Doubt]

Re: thought this was unenforceable but default??

See this ---> Help with Unenforceability - allaboutFORUMS

Note this part towards the bottom, I have highlighted it in bold red for you....

What about the negatives?.....
There will always be downsides, as well as upsides, no matter what you decide to do. The only person that knows if following this advice is suitable is you - the debtor. Once you've read the first few posts of this thread and decided you wish to proceed then advice will be forthcoming, so long as you are prepared for the barrage of calls, nasty threats and defaults registered against you.

Remember unenforceability is not a get out of paying your debts technique, it is a last resort before considering more formal action, such as Bankruptcy, IVA or DRO.

[Riz]

Re: thought this was unenforceable but default??

Unlikely you will get the default removed.

It's possible that the timing of the default is unfair. i.e. should have been registered much sooner.

Need to know the history to work that out.

When did you first default on payments with Lloyds?
When was it passed to Robbers Way?
How much were you paying compared to the contractual minimum before you stopped paying altogether?

[Never-In-Doubt]

Re: thought this was unenforceable but default??

** I have deleted the duplicate thread in Defaults section **

[chunkymunkey]

Re: thought this was unenforceable but default??

When did you first default on payments?
stopped paying a year ago, but various holds on account whilst they looked for CCA, so would default be when these holds were lifted? If so, I would say first default would have been 6-8 months ago.

When was it passed to Robbers Way?
It was passed to robbers way years ago, and was making monthly payments for quite a time, before they said no CCA (I thought this was the correct procedure and that until they produced one I would be safe in doing so)

How much were you paying compared to the contractual minimum before you stopped paying altogether?
Was paying the contracted amount in total every month before stopped payments.


... does the fact no default letter was sent not make a difference? Could I not contact them saying no default letter and that I would have came to an agreement if I have receieved one and would like to do now if they remove? Is there much chance of luck with that??

[chunkymunkey]

Re: thought this was unenforceable but default??

ps. thank you for responding, it is really helpful to have some other peoples points of view on this

[chunkymunkey]

Re: thought this was unenforceable but default??

pps. what does "UE" stand for?

[Riz]

Re: thought this was unenforceable but default??

When did you first default on payments?
stopped paying a year ago, but various holds on account whilst they looked for CCA, so would default be when these holds were lifted? If so, I would say first default would have been 6-8 months ago.

No.

I meant when did you first default on payments to Lloyds? i.e. were not able to meet the contractual payments.

You must have done so for it to be passed to Robinson Way in the first place.

Please explain what your payments were before it was passed to them, and after.

And please say when. "years ago" doesn't really help.

[Deepie]

Re: thought this was unenforceable but default??

pps. what does "UE" stand for?

unenforceable

[chunkymunkey]

Re: thought this was unenforceable but default??

Ah, right. I will get all my paperwork and get back to you later today with the needed info. Thanks

[Never-In-Doubt]

Re: thought this was unenforceable but default??

Hiya

Ok, the default *should be* registered within 90-180 days of first missed payment, according to the guidelines however that's all they are - guidelines.

Thus, if you missed a payment due on 1st January, if you'd not paid by 1st March then they could start default action (i.e. issue a s.87/s.88 notice etc) - however they can also add one anytime upto the 6 month mark. That said, if you were disputing things, they *could* have placed things on hold and then added the default 30 days after resolution of the dispute so really it's hard to say when the real default date was - ideally you need a copy of the actual notice which you obtain when you SAR them, unless you're saying you never got a copy in which case they cannot enforce (on the back of a dodgy DN) but that does not mean you can get the actual default wiped - it'd just be retrospectively amended.

I'd not worry too much about it, not yet anyway.... honestly, it's not that big a deal and after a couple of years most main lenders will ignore it (if its the only problem you have).....

[chunkymunkey]

Re: thought this was unenforceable but default??

... okay, so found it all out.

I first defaulted on halifax july 2007. I was making below minimum payments for six months previous to this (on average half of the minimum payment). It was then moved over to robinson way december 2007.

How does this affect things? Could it be that the default should have been issues from 2007?

[Never-In-Doubt]

Re: thought this was unenforceable but default??

... okay, so found it all out.

I first defaulted on halifax july 2007. I was making below minimum payments for six months previous to this (on average half of the minimum payment). It was then moved over to robinson way december 2007.

How does this affect things? Could it be that the default should have been issues from 2007?

Yes the default should have been in 2007, not 2012. Chances are it is a duplicate default entry.

Can you confirm, was this a bank account? if so then that seriously changes things - if it was a CC or loan then simply complain to the OC (Original Creditor, i.e. Halifax) regards the default and point out that in fact you should have been defaulted within 3-6 months not 3-6 years

Then if they refuse to amend it you ask the credit agency direct and if they refuse you complain to the ICO and the FOS.

[chunkymunkey]

Re: thought this was unenforceable but default??

Oh, okay, that is really useful. It was a credit card.

Is it generally easy to get them to change the date of the default? Or again very hard?

What happens after six years? It comes off your file in total and has no bearing on your credit rating, despite if it was settled or not?

Sorry for all the questions, I appreciate your help.