Matta1972 Unenforceability Diaries

[Matta1972]

Hi been asked to set up diaries for each debt so here they are:

• Barclaycard credit card
• 10/1999
• Balance is £11000
• Last full payment years ago
• Paying a nominal amount amount after doing financial summary
• Default date 12/2015
• Link own this.

Asked for CCA agreement, Link have replied saying neither original company can supply the agreements within the 12 days so the debt is unenforceable however the outstanding balance remains collectable and it is acceptable to register and continue reporting the default. I ahve not cancelled the standing order, should I?

[Matta1972]

Debt number 2

• Coop bank credit card
• 1/2003
• Balance is £2800
• Last full payment years ago
• Paying a nominal amount amount after doing financial summary
• Default date 10/2016
• Link own this.

Asked for CCA agreement, Link have replied saying original company can supply the agreements within the 12 days so the debt is unenforceable however the outstanding balance remains collectable and it is acceptable to register and continue reporting the default. I have not cancelled standing order , should i?

[Matta1972]

Debt number 3

• MBNA bank credit card
• 6/2007
• Balance is £9000
• Last full payment years ago
• Paying a nominal amount amount after doing financial summary
• Default date 1/2016
• PRA own this.

Asked for CCA agreement, PRA have suspended collection activity until the original lender comes up with paperwork. I have cancelled standing order for this one

[Matta1972]

Debt number 4

• Santendar credit card
• 4/2011
• Balance is £3000
• Last full payment years ago
• Paying a nominal amount amount after doing financial summary
• Default date 12/2015
• Wescot collect for Santendar

Asked for CCA agreement, nothing back yet

[Matta1972]

Debt number 5

• Tesco credit card
• 8/2012
• Balance is £3000
• Last full payment years ago
• Paying a nominal amount amount after doing financial summary
• Default date 9/2015

Asked for CCA agreement Intrum have suspended collection activity until the original lender comes up with paperwork. I have cancelled standing order for this one

[Matta1972]

Debt number 6

• Barclays Overdraft
• 1/1995
• Balance is £3000
• Last full payment years ago
• Paying a nominal amount amount after doing financial summary
• Default date 10/2015

Have not asked for CCA as its an overdraft.

[Joanna Connolly]

Is the Barclays Overdraft for a personal current account? If so then send a S.78 CCA request with the statutory £1 fee.

[Matta1972]

Hi Joanna, is that using the same template as I have used before?

[Gerry Jemitus]

Yes, the s78 template is standard. Make sure you send the £1 fee, keep a copy and get a proof of posting.

[Matta1972]

Hi will do thanks, I have a relative who is keen for me to offer small full and final settlements, even if unenforceable, just to get them off my back.

[JLC]

I'm just approaching year 6 of my journey and have had very little correspondence from the purchasers of the alleged debts. Just one causing me a problem which is Currently with JCS.

[Matta1972]

Hi, im just wanting to move on from my problems incurred in a previous relationship, and wouldnt like in a year or so for them to suddenly appear. If they are unenforceable and soon to be off my credit file, with help, I would like to make some offers.

[Roger]

Welcome to AAD

Now no to debts are the same and the devil is in the details!

I am not suggesting contacting or otherwise these DAC's at this time other than the S.78 CCA that you are dealing with.

Although these debts will nolonger be reported after the 6 years as long as you are paying or communicating your statute bar clock is being restarted!
In other words you at this time are looking at Statute Bar years what 2027!

They can Ask for payments BUT if the Account/Debt is UE in Law why would you want to be paying them anything?

If you have surplus monies give this to Charities and NOT THESE GLOBAL parasites!


Starting with Barclaycard and Link.
I note that default year 2015!
Does the name MERCER appear in correspondence with Barclaycard.
Also you may find a reference to IRON MOUNTAIN appearing! This is a significant detail especially with S.78 CCA requests
Understand that over the years the Consumer Credit Act 1974 has been changed which can be a determinate in UE or EN
LINK is a Group holding Company. You need to identify from your records WHICH Link Co was Assigned this Debt from Barclaycard!

COOP and Link
Again these earlier CCA's can cause problems because of the changes in CCA 1974 over the years.
Again which Link Co was Assigned this Debt from COOP!

PRA and MBNA
Who was Assigned the Account /Debt from MBNA?
Does the name AKTIVA shown up in your dealings with PRA over the years?
This could be a significant detail.

Tesco's and INTRUM
Again which INTRUM Co was Assigned this Debt from Tesco's?

Here some homework will give you a much better basis for making ANY financial decisions which might well be UE in Law!

[Still Waving]

Hi will do thanks, I have a relative who is keen for me to offer small full and final settlements, even if unenforceable, just to get them off my back.

Hi

Looking at the figures you have shown for the individual debts, I'm afraid that you may find you are being too optimistic in hoping they will settle at this stage for small F&Fs. The usual scenario for getting offers of substantial reductions is when they have not been getting any payments at all for some time.

I won't comment on making offers (or payments) on unenforceable debts, if that is what you would rather do, as everybody's situation is different. Just to say that folks here generally take a different view to yours.

[Matta1972]

Welcome to AAD

Now no to debts are the same and the devil is in the details!

I am not suggesting contacting or otherwise these DAC's at this time other than the S.78 CCA that you are dealing with.

Although these debts will nolonger be reported after the 6 years as long as you are paying or communicating your statute bar clock is being restarted!
In other words you at this time are looking at Statute Bar years what 2027!

They can Ask for payments BUT if the Account/Debt is UE in Law why would you want to be paying them anything?

If you have surplus monies give this to Charities and NOT THESE GLOBAL parasites!


Starting with Barclaycard and Link.
I note that default year 2015!
Does the name MERCER appear in correspondence with Barclaycard.
Also you may find a reference to IRON MOUNTAIN appearing! This is a significant detail especially with S.78 CCA requests
Understand that over the years the Consumer Credit Act 1974 has been changed which can be a determinate in UE or EN
LINK is a Group holding Company. You need to identify from your records WHICH Link Co was Assigned this Debt from Barclaycard!

COOP and Link
Again these earlier CCA's can cause problems because of the changes in CCA 1974 over the years.
Again which Link Co was Assigned this Debt from COOP!

PRA and MBNA
Who was Assigned the Account /Debt from MBNA?
Does the name AKTIVA shown up in your dealings with PRA over the years?
This could be a significant detail.

Tesco's and INTRUM
Again which INTRUM Co was Assigned this Debt from Tesco's?

Here some homework will give you a much better basis for making ANY financial decisions which might well be UE in Law!

Hi I will dig all this homework out and report back! Thanks

[Matta1972]

Hi

Looking at the figures you have shown for the individual debts, I'm afraid that you may find you are being too optimistic in hoping they will settle at this stage for small F&Fs. The usual scenario for getting offers of substantial reductions is when they have not been getting any payments at all for some time.

I won't comment on making offers (or payments) on unenforceable debts, if that is what you would rather do, as everybody's situation is different. Just to say that folks here generally take a different view to yours.

Hi yes okay I understand that. I have been only making token payments of less than £20 a month towards all of the accounts. My position at my age is not likely to improve and the debts at the rate I pay will not be paid off in my lifetime. I was hoping once they were UE comfirmed and given the slow repayment rate they may be open to an offer