mr affable's UE diary

[Pixie]

Re: mr affable's UE diary

There's more to it than just the signature.

Niddy explains it here - UPDATED - A Full Guide to Unenforceability - allaboutFORUMS

But when you get your agreements back, just email them to Niddy and he will let you know if they're UE or not.

I've got several that I've signed but something else is stopping them from being properly executed.

[Never-In-Doubt]

Re: mr affable's UE diary

Also please edit your posts above to show the lender etc! Someone should have pointed this out, must have missed it

Thanks!!

[mr affable]

Re: mr affable's UE diary

Ok - thanks Pixie.

Got to sign off now but will check out more info later - thanks for your help so far!

[Pixie]

Re: mr affable's UE diary

I was getting round to asking mr affable to say who the lenders were but was waiting until he decided if he wanted to go the UE route (original post was on settlements board)

Unfortunately I'm not such a whizz as you Niddy!

[Deepie]

Re: mr affable's UE diary

Also please edit your posts above to show the lender etc! Someone should have pointed this out, must have missed it

Thanks!!

...........

[mr affable]

Re: mr affable's UE diary

I have had a look at all the info regarding enforceable/unenforceable agreements. Am I right in thinking that sometimes the answer is that the agreements would only be enforceable with a court order.

If so is this something that a creditor is likely to pursue (ie take you to court to get a judgement) if you have no assets and no substantial surplus of income over expenditure which would make it worth their while to get an attachment to earnings?

[mr affable]

Re: mr affable's UE diary

I understand. Presumably if an agreement is enforceable then I would need to do something about it? Or does the fact that my creditors have done nothing in 4 years indicate that they are not likely to take any action?

[swanfan]

Re: mr affable's UE diary

I understand. Presumably if an agreement is enforceable then I would need to do something about it?

Not necessarily no, i've been blagging an enforceable account for 2 years but really relax, wait and see what comes back.

[mr affable]

Re: mr affable's UE diary

Hi all and thanks for your advice/help so far.

I have spent the day thinking about this new way of dealing with my creditors (ie checking enforceability).

I had thought for the past 4 years that bankruptcy was my only option and was seriously heading down that route as saw no alternative. Am hoping to move in with my new partner within next 3 months (none of the debt is related to her although she is aware of it and I dont want her to be affected in any way. She owns her own property with no mortgage - from her divorce settlement).

Just trying to get it all clear in my head so apologies if some of these points are silly ones! I have no assets and monthly income and expenditure does not leave much surplus after normal living expenses. Hopefully this will improve but only slowly over time.

My understanding is that bankruptcy will effectively discharge me from my debts in 12 months although I would likely have to make payments to Official Receiver for 3 years if funds available. However if I go down the UE route I may be able to prove that creditors cant enforce so I can just ignore them although my debts would still be owed - although in reality what can they do?

My credit rating is already affected. And am I right in thinking that if i stop paying my nominal £1 per month and ignore letters and tel calls this will start my 6 year statute of limitations running?

[Deepie]

Re: mr affable's UE diary

If it was me enforceability ........better option

[mr affable]

Re: mr affable's UE diary

Seems to me that I should cancel my monthly £1 payments with immediate effect. And dont answer any tel calls from creditors (which I dont) or answer any letters asking for repayment proposals (which I have been). What will they do next though?

[Pixie]

Re: mr affable's UE diary

Seems to me that I should cancel my monthly £1 payments with immediate effect. And dont answer any tel calls from creditors (which I dont) or answer any letters asking for repayment proposals (which I have been). What will they do next though?

Ignore the calls but it's not a good idea to ignore the letters. Niddy's written the template letters so that any you send won't affect the statute-barred date.

If you decide to send the cca requests and they come back UE, there's nothing the lenders can do except make threats which you soon learn to ignore.

Legally you still owe the money but there's nothing the lenders can do to get you to pay it.

You're right to consider all your options before for me it's a no-brainer. UE is the option I'd choose every time.

[mr affable]

Re: mr affable's UE diary

Silly question but on my CCA request letter presumably its not a problem to put my address, date and name and address of creditor at top?

[mr affable]

Re: mr affable's UE diary

.....and if debt is now with a DCA do I address my letter to them but make reference to original letter in reference at top of letter?

[Pixie]

Re: mr affable's UE diary

Silly question but on my CCA request letter presumably its not a problem to put my address, date and name and address of creditor at top?

Of course you put your name and address at the top or how will they know who it's from! Don't forget the account number/reference number too.

.....and if debt is now with a DCA do I address my letter to them but make reference to original letter in reference at top of letter?

Yes, send it to the DCA who's dealing with it.