Bluemonday 3 Unenforceability Diary

[Bluemonday3]

I have only just missed two payments to Cabot for my Egg debt as have been with step change since 2009 and paid off a huge portion of my debt so I am assuming that’s why they have not taken further action??

[Bluemonday3]

Yet....

[Bluemonday3]

I have started to receive contact from Cabot, one about my egg card which they did send a CCA through and despite it being pretty much ineligible, Niddy said this was unenforcable so I have ignored this.
Cabot have also written to say they are taking back my mint card debt from Wescot and need to arrange payment, they actually 'welcomed me back to Cabot!'
No mention of the CCA request that they said put the account on hold until they sent it to me.
Wescot who managed my Lloyds debt have also written asking for payment since my default dispute has bee resolved, again no mention of the fact the account was on hold until they comply with my CCA request.
I have read lots of posts on this site and I guess I am looking for reassurance. Am I best to ignore them or remind them that the CCA requests have not been complied with ?
any advice would be great.

[Roger]

I have started to receive contact from Cabot, one about my egg card which they did send a CCA through and despite it being pretty much ineligible, Niddy said this was unenforcable so I have ignored this.
Cabot have also written to say they are taking back my mint card debt from Wescot and need to arrange payment, they actually 'welcomed me back to Cabot!'
No mention of the CCA request that they said put the account on hold until they sent it to me.
Wescot who managed my Lloyds debt have also written asking for payment since my default dispute has bee resolved, again no mention of the fact the account was on hold until they comply with my CCA request.
I have read lots of posts on this site and I guess I am looking for reassurance. Am I best to ignore them or remind them that the CCA requests have not been complied with ?
any advice would be great.

I see that you have updated the individual; Diaries well done.

Cabot will know! But that won't stop them from trying to squeeze you for every last farthing! .

Silence here on the Mint Card and the Lloyds because they are in default of a CCA request!

Egg Card is UE so again Silence.

The AAD way is Silence in these Cases. Post any correspondence you receive and you will get advice!


.

[Bluemonday3]

Thanks Roger, I will keep stumm! Its hard as I have always been pathetically compliant!!!

[Roger]

Thanks Roger, I will keep stumm! Its hard as I have always been pathetically compliant!!!

AAD has been a revelation for me personally and especially about regaining confidence and control over my own Life and Debts.
Nobody judged me! Rather I was encouraged to make my own decisions as to what was best for me.

The control starts with good filing, putting the paperwork in order. Dating, recording and storing letters and correspondence.
Reading Other Diaries and experiences (there is a real treasure trove of wisdom on this site).

It is also about the Consumer Credit Act and Law (That's Us we are the Consumer) this is to protect Us and Our interest. The penalty for failure for Lenders and DCA's etc.. is UE.

AAD starts with the CCA S.78 because that is Our Legal Right.

There are also other reasons for UE within the Consumer Credit Act and the Law and this is where your filing is so important because no two Debt Cases are the same.

You have started on a road that is putting you in control here and you are doing very well!

[Spud]

Its hard as I have always been pathetically compliant!!!

Or its because you have now gained a bit more knowledge on the subject and are back in control

Your doing great

[Bluemonday3]

Thanks again for your words of wisdom and encouragement, i still feel gutted I was so close to paying this debt off before my income decreased, but I am beginning to feel more confident in my new choices and taking that leap of faith and ignoring these parasites!

[Bluemonday3]

A bit of a daft question but would people know if creditors are more likely to chase you if you have a house opposed to someone who rents please?
I am thinking ahead and just wondering how long I can be brave enough to sit quiet?

[Still Waving]

A bit of a daft question but would people know if creditors are more likely to chase you if you have a house opposed to someone who rents please?
I am thinking ahead and just wondering how long I can be brave enough to sit quiet?

Hi

It is a possibility. However, I see that apart from the Bir-Mid loan (for which you say there is already a charging order), your debts have relatively small amounts outstanding. If creditors do start getting heavy and do finally indicate an intention to issue a claim, there is a fairly lengthy process to go through (under the new Pre-Action Protocols) and you would have opportunities to come to an arrangement to prevent it going to court/charging order.

I would continue to sit quiet, and seek further advice here every time you receive letters.

[The Tech Clerk]

many would chase you in hope of a charging order, if over a certain amount, alternatively if you show indication of a good job i.e. attachment of earnings, but of course they would have to win a case 1st.

[Bluemonday3]

Thank you both for your responses, I guess I am wobbling a bit as was not expecting the CCA that landed on Friday, however Niddy says this is unenforceable even though they are telling me it is.
I am scared of consequences and I think I feel the wobble because Birmingham Midshires who my mortgage and loan are with have asked for an arrangement to pay the arrears, even though they have the charging order and they say this is because I am no longer with step change.

[Joanna Connolly Solicitors]

I guess I am wobbling a bit as was not expecting the CCA that landed on Friday, however Niddy says this is unenforceable even though they are telling me it is.
I am scared of consequences

No need to have a wobble when you're sent a credit agreement especially if it's an irredeemably unenforceable one.

I had two of those for MBNA debts but PRA weren't able to enforce either of them.

Read about my court case and see if that cheers you up >

‘“RECONSTITUTED AGREEMENT” – IRREDEEMABLY UNENFORCEABLE”

“UNREDACTED DEEDS OF ASSIGNMENT – NO ASSIGMENT PROVED”

So, held Recorder Bellamy in PRA Group (UK) Limited v Mayhew at Central London County Court on 22nd March 2017, at the end of a 3 day multi track trial, when dismissing PRA’s claim against our client.

Stale debts sued for on the back of 2 ‘reconstituted’ MBNA credit card agreements (May 1999 and October 2000) were held irredeemably unenforceable under CCA 1974. The evidence of an honest witness was preferred to that of so called “reconstituted agreements”.

After 3 days of close forensic examination of, and legal argument about, evidence and documents from both PRA and MBNA stating that our client’s specific debt had been assigned, the court held that no assignment had been proved.

Efforts, over many months, in earlier cases to force PRA into disclosure of un-redacted deeds and deep and sustained forensic challenge to the provenance of documents needed to prove regulatory compliance, finally drew back the veil. The reality behind bulk debt purchasing was revealed.

This decision shows that just saying an agreement is enforceable and producing a “reconstituted” copy does not prove that it is enforceable. Just saying an agreement has been assigned and producing a notice saying it has been assigned does not prove legal assignment.

Debt purchasers need to provide proof. If that means the pitifully few pence in the pound they pay for stale debts will increase because banks will now have to start keeping original evidence complying with regulatory consumer protection measures, it is hard to imagine many tears being shed, outside the City of London.

Di

[Warwick65]

Hi
I would say try not to worry. Its not a nice feeling being in debt but it does get easier.

My only advice is to reiterate what was said before, some letters need replies, others don't. And as for them saying they are enforceable... Well they would say that wouldn't they.

[Bluemonday3]

Thank you so much for your responses, Di & Warwick. I feel very up and down about all of this and but I do feel well supported on here, so thanks again.