Newbee starting Unenforceability

[Scaggy]

Well I am new to the forum and think its great! I have gone into arrangements with my creditors. Lately some of the letters received amounts are not adding up and it has triggered me investigating unenforceability. If they can supply info then thats fine, atleast i can actually see my statements of accounts clearly. So I have saved the first letter template and am writing them out now and enclosing a cheque to each for £1. Anyone got any experiences with the following: Santander, Halifax, MBNA and NRAM (previously Asda) Any advice would be welcome and I will keep everyone posted on my progress.

[Deepie]

Re: Newbee starting Unenforceability

• Type of account (credit card/loan)
  
  
• Date commenced (ideally before Apr 2007)
  
  
• Approx balance
  
  
• Date last paid (approximate date you last made a FULL payment)
  
  
• Are you on arrangement or not paying
  
  
• Status (default/in arrears/up-to-date)
  
  
• Account owner (who is writing to you, a DCA or the lender)

Bit more info then we can help............

[Scaggy]

Re: Newbee starting Unenforceability

I have 2 credit cards and 2 loans all unsecured. I have just dug out some paperwork and will complete details shortly! thanks!

[Scaggy]

Re: Newbee starting Unenforceability

• Type of account loan
  
  
• Date commenced 2008
  
  
• Approx balance 8k
  
  
• Date last paid Sept 2011
  
  
• Are you on arrangement - yes
  
• Status arrears
  
  
• Account owner lender

Is it a problem if the loan is after 2007??

[Scaggy]

Re: Newbee starting Unenforceability

My Sant. loan has changed hands so many times. What account number do I use!!! Its changed so much too!

[nanna58]

Re: Newbee starting Unenforceability

welcome scaggy you are in the right place xx

[DNW]

Re: Newbee starting Unenforceability

Welcome to AAD Scaggy, you're in safe hands here

You asked about experiences with MBNA amongst others. In many cases (Inc mine) they can't find the agreement, mostly when they bought the account from another lender. Was yours an original MBNA card?

Although a lot of MBNA accounts are UE, there are the odd ones that are - mine being one of them I've not had much hassle from them (well, no more than any of my other creditors) but it's easy to read the forum and get complacent that MBNA will always be UE due to so few of us posting about the EN ones (I was certainly complacent until Niddy checked my MBNA CCA!!).


Good luck with your UE journey

[mauijim]

Re: Newbee starting Unenforceability

Hi Scaggy

Here are some basic ideas (kind of rules) when taking the UE route.

1. Correspond by written mail only. Never talk on the phone. If you get hassle then send the Telephone Harassment template
2. Never sign anything with your normal signature. Just digitally sign it i.e. A N Other
3. Send all post "Signed for" and keep copies of the letter and the proof of postage.
4. Start a folder where you can file all letters you receive. Staple all the envelopes to the back of the letter and keep it in the folder. I have dividers for each creditor and keep each one in date order. It just makes life so much easier for you in the long term.
5. Listen to the advice from Niddy and the crew and stay calm. There is nothing to be gained from getting stressed or hurrying matters. I was deep in the brown stuff when I joined and whilst I am still not out of it, I am in a far better place. I can sleep at night and I have adopted the "what will be will be" attitude.

Basically 99.99% of the good folks on here are in a similar position and our hatred for financial institutions binds us together.

Good luck

MJ

[Fribourg]

Re: Newbee starting Unenforceability

and enclosing a cheque to each for £1

Hope that those cheques don't have your proper signature

[oldyboy]

Re: Newbee starting Unenforceability

Postal orders are best, they cost but there's no signature at all, well not yours anyway!

When I sent my first CCA requests off I used cheques, and they didn't seem to change anything. That was a while ago though, and I was still a bit naive.

[Scaggy]

Re: Newbee starting Unenforceability

Hi everyone thanks for the advice I hope I haven't messed this one up. I've sent my letters by normal post and enclosed a £1 cheque signed by myself to my four creditors to request original credit agreements and I used the letter template. Santander today sent me a letter PROVISION OF AGREEMENT BREACHED. The clause that requires you to repay any amount which you owe us when we ask for it. NATURE OF BREACH Failure to pay overdue amount.
Action required payment of the overdue amount in full within 14 days. The letter is dated 18th but we didn't receive it till today. when we went into agreement with Santander we were not told that we needed to make additional payments towards the arrears until last week when they did there fortnightly phone call.


Smells a bit fishy received this letter after starting Ue process. Any advice how to hand ell this and undo any thing I did wrong would be greatly received. Apologies I haven't posted bin working long hours.

thanks SCAGGY

[Deepie]

Re: Newbee starting Unenforceability

you do need proof of posting..... If I was you see if they have been cashed if not stop them and re send recorded....

[Scaggy]

Re: Newbee starting Unenforceability

I have received on the same day the following letters:

first one is advising me I will shortly receive a default notice.

second one is the default notice.

On the same day???? but dated differently.

I think they have done this in response to me first UE letter.

What should I do next?

I am confused about this. I have been in contact with them regularly and have really tried to pay what I can and have not gone below my agreement. How can they do this?

Thanks all

[CleverClogs (RIP)]

Re: Newbee starting Unenforceability

Anything taken out after April 2007 isn't likely to be UE due to a change in the law. S127 of the CCA prevented a court from enforcing an agreement unless it had all the prescribed terms and was properly executed; it was repealed at that time so there isn't much stopping enforcement of post APR 07 agreements

One must wonder what the Labour kakistocracy was doing, other than proving yet again just how venal they could be.

[CleverClogs (RIP)]

Re: Newbee starting Unenforceability

I've always used Postal Orders for SAR and CCA requests, only downside is the cost but no issues with signatures, although Niddy has said you can sign a cheque with anything even if it doesn't look anything like your real siggy, see here --->allaboutFORUMS - View Single Post - Confused newbie

One's cheque signature might as well look like "Donald Duck" for all the attention the Mickey Mouse clearing system pays to the written content of a cheque.