mr affable's UE diary

[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?

[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?

[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!!

...........

[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!

[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!

[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!!

[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.

[mr affable]

Re: lump sum offer or bankruptcy?

Thanks for all that - what I cant quite understand is that I assume I must have signed application forms of some sort when I applied for the credit cards/loans or am I missing the point?

[Pixie]

Re: lump sum offer or bankruptcy?

First of all, as BBoo said, stop making any payments. Your credit history is already trashed so it doesn't matter.

Then send Our Templates | Unenforceability Templates | CCA Request to each of your creditors, signing digitally (there's a link at the bottom of the template to explain what that means), and enclosing a £1 PO for each.

Send the letters recorded delivery and, when you get anything back, email it to Niddy and then date it and staple it to the envelope it came in.

Don't worry, we're here to answer any questions you might have. Have a look at UE - One year on - allaboutFORUMS to see how UE has helped members.

I'll move this into a UE diary.

[Deepie]

Re: lump sum offer or bankruptcy?

Absolutely - what do I need to do?

Here's the link.....>....CCA Request send that off with a £ 1 postal order

[mr affable]

Re: lump sum offer or bankruptcy?

Absolutely - what do I need to do?

[Pixie]

Re: lump sum offer or bankruptcy?

The good news is that these are likely to be UE.

Do you want to try the UE route rather than bankruptcy or F&F settlements?

[mr affable]

Re: lump sum offer or bankruptcy?

sixth one:

WAITROSE

• Type of account (store card)
  
  
• Date commenced (not sure of exact date but was before Apr 2007)
  
  
• Approx balance - £792 (interest has been frozen since Feb 2008)
  
  
• Date last paid (started making nominal £1 payments per month on advice of CCCS from Feb 2008)
  
  
• Are you on arrangement or not paying (continuing to pay £1 per month in absence of any more funds to pay)
  
  
• Status (default)
  
  
• Account owner (lender)

5/3/12 CCA request sent
23/4/12 reply recd - emailed to Niddy for his comments
26/4/12 Niddy says unenforceable - unenforceable letter to be sent
21/5/12 reply recd - emailed to Niddy for his comments
27/7/12 - Final Demand received from Waitrose
5/13 - letter recd saying debt has now been transferred to Buchanan Clark & Wells

[mr affable]

Re: lump sum offer or bankruptcy?

fifth one:

SANTANDER (FORMERLY A&L)

• Type of account (personal loan)
  
  
• Date commenced (not sure of exact date but was before Apr 2007)
  
  
• Approx balance - £4,028 (interest has been frozen since Feb 2008)
  
  
• Date last paid (started making nominal £1 payments per month on advice of CCCS from Feb 2008)
  
  
• Are you on arrangement or not paying (continuing to pay £1 per month in absence of any more funds to pay)
  
  
• Status (default)
  
  
• Account owner (debt collection agency - Rockwell)

5/3/12 CCA request sent
1/5/13 Letter from Moorcroft saying they are now dealing with the debt

[mr affable]

Re: lump sum offer or bankruptcy?

fourth one:

NORTHERN ROCK

• Type of account (personal loan)
  
  
• Date commenced (not sure of exact date but was before Apr 2007)
  
  
• Approx balance - £1,102 (interest has been frozen since Feb 2008)
  
  
• Date last paid (started making nominal £1 payments per month on advice of CCCS from Feb 2008)
  
  
• Are you on arrangement or not paying (continuing to pay £1 per month in absence of any more funds to pay)
  
  
• Status (default)
  
  
• Account owner (lender)

5/3/12 CCA Request sent
19/6/12 copy CCA recd - sent to Niddy for his comments
20/6/12 Niddy - says enforceable