mr affable's UE diary

[swanfan]

Re: mr affable's UE diary

Yes, but my question is, what if they were to issue papers AND come up with a kosher CCA at that point? You couldn't use their refusal to provide it earlier on your defence, could you? That would give them the upper hand, leaving you without legal recourse. Of course I may be wrong, I hope I am!

Hmmm. We're not sure who you are but we're gonna take you take to court for this anyway?

[mr affable]

Re: mr affable's UE diary

Another reply received from Waitrose - emailed to Niddy for his comments

[mr affable]

Re: mr affable's UE diary

It was a response to my unenforceable letter i sent as per post #96.

Looks like a fairly standard letter from them saying they think they have complied with their obligations etc and they have nothing further to add. They say that the onus is on me to demonstrate that they have failed under their obligations.

As far as I can see the onus is on them to take me to court if they want to get any money back - as I have stopped paying anything (was only making nominal £1 payments anyway)

[mr affable]

Re: mr affable's UE diary

No - what I mean is they wont take me to court as they know they cannot enforce the agreement so i dont need to do anything either.

[mr affable]

Re: mr affable's UE diary

I finally stopped paying my nominal payments of £1 and have now had a letter from Capital One saying that if I do not make the payment they may pass my account to a debt collection agency or sell it to a debt purchaser.

Niddy has already said the debt to them is unenforceable so presumably I just ignore the letter?

[malamute]

Re: lump sum offer or bankruptcy?

BTW like many other users on here, I was seriously considering bankruptcy and trying to raise the fees when I came across Niddy and UE. I haven't looked back since!

Ditto for me too - and I owed a lot more. Looks like its all going the right way for you

[mr affable]

Re: mr affable's UE diary

CCA received from Northern Rock. Emailed copy to Niddy for his thoughts.

[Never-In-Doubt]

Re: mr affable's UE diary

CCA received from Northern Rock. Emailed copy to Niddy for his thoughts.

not good unfortunately. It's

Sorry mate. Not much we can do here, it's pretty bloody good to be quite frank.

[mr affable]

Re: mr affable's UE diary

Oh well - don't owe much to them anyway!

[mr affable]

Re: mr affable's UE diary

Have just received a 'notice of debt collection' from Wescot on behalf of Capital One. Presumably I can ignore it as Niddy says Capital One debt is unenforceable?

[Pixie]

Re: mr affable's UE diary

I take they've just taken over the collection of the debt. If so, I would send them Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

[mr affable]

Re: mr affable's UE diary

Further to my post #113 if I update my creditors with my new address will this effectively acknowledge my debt?

[Deepie]

Re: mr affable's UE diary

I have stopped making any payments to anyone except Halifax (which is enforceable) are you meaning that I should stop paying Halifax as well (even though I have just written to them saying I will continue to pay my nominal £1)?

Also as an aside I am soon due to be moving to another rented property - presumably i do need to keep my creditors updated with my new address? I mean this wont affect my SB time clock?

I Wouldn't if it was me ...........

[mr affable]

Re: mr affable's UE diary

I know I would like to just not tell them but presumably I should do and my question is - if I advise of my new address is this effectively acknowledging my debt?

[MrsD]

Re: mr affable's UE diary

I wouldn't let em know, I presume you'll redirect your mail?