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  • #16
    DSAR have you requested? if not send DSAR request for all information held by them relating to you, they have 30 days to respond unless there is a good excuse (like now maybe) to extend time, keep copy and update a diary of events with dates etc/. you could do it on line on their site?
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #17
      My understanding and I am sure Di can confirm. After about 2012 overdrafts had to be renewed annually and came under the cca. Therefore a cca request is appropriate.

      somewhere on here is the reporting of a case where it was confirmed failure to comply with s78 made an overdraft UE

      See post 8

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      • #18
        Hi all,

        Just wanted to let you know I sent off a s77-79 request to Robinson Way back in May and eventually got a letter back confirming they could not provide the information requested and as such my debt is currently unenforceable. Thank you all for pointing me in the right direction of what to do.

        The letter reminded me that despite the debt being unenforceable it remains outstanding and requests that I get in touch to set up a payment plan or agree a settlement.
        Any advice for next steps would be appreciated. Am I now in a position just to ignore all letters and make no further payments until the debt becomes statue barred? If so, will it be 6 years from the date of the last payment i made to the account for it to become statute barred? Does any one have an idea of what kind of a % reduction might be negotiated for a settlement?

        Thanks

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        • #19
          Originally posted by NotMartinLewis View Post
          I sent off a s77-79 request to Robinson Way back in May and eventually got a letter back confirming they could not provide the information requested and as such my debt is currently unenforceable.

          The letter reminded me that despite the debt being unenforceable it remains outstanding and requests that I get in touch to set up a payment plan or agree a settlement.

          This is good news - Robinson Way (on behalf of Hoist) have admitted that the debt is unenforceable. This is particularly pleasing since it was an overdraft which some debt owners try to say are not covered by s77-79 CCA.

          In some ways that letter is asking you to make voluntary payments towards an unenforceable debt.

          It's up to you what you do next, but since they can't enforce the debt there's not much they can do to you except write more letters.

          If they eventually source the credit agreement then reconsider your stance but from what you've said this may be a 'pigs will fly' situation

          Di

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          • #20
            HI NML, Hope you are well as you can see we are back. jut a quick check in to see if you have any updates?
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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