Matta1972 Unenforceability Diaries

[Matta1972]

Hi, as yet not heard anything from anyone about it

[Matta1972]

done, thanks

[The Tech Clerk]

send copy in tact to webmaster@all-about-debt.co.uk refer to this thread for checking do not cross anything out

[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

Hi hoping for some more advice, PRA have now produced an agreement dated June 2007, not its not signed. Could anyone have a look at it for me? Its uploaded below

----- REMOVED UPLOAD BY ADMIN -----

[Pat]

It is hard but when you think you are SB and suddenly find an email or copy of a letter you sent in anger that might be taken as acknowledgement of a debt you will be grateful you didn’t do anything.

[Night Monkey]

No Phone Calls, SMS, Emails everything Now in Snail Mail (POST)

This is the bit I found hardest when I started the UE route. Sitting on your hands feels wrong, that somehow we should be fighting back and arguing the toss rather than let them set the rules.

In reality the opposite is true, and actually becomes quite enjoyable when you get used to it.

[nightwatch]

So time for an update, I wrote back to Link disputing the recon agreement. They have now written back saying they did not break any rules, but yes the debt in unenforceable!

WHY??? there was no need to.
I already said that they knew it wouldn't stand up in court.
Also said they hadn't done anything wrong, the CCA request is for information only, so what they sent was information, you get what you ask for,
yes it's unenforceable, but you have now given them the information that you know it is, IF they want to be a pain in the butt let them, Don't tell them whats wrong, they may try harder to find the original'

rant over,
have a nice Christmas.

[Roger]

So time for an update, I wrote back to Link disputing the recon agreement. They have now written back saying they did not break any rules, but yes the debt in unenforceable!

And probably reset the Statue Bar Clock!!

"..NEVER get into a legal to and fro argument with LINK!
Hold your cards close to your Chest.

Simply cancel any DD or Standing Order with NO EXPLAINATION.
No Phone Calls, SMS, Emails everything Now in Snail Mail (POST)
SIT on your HANDS means NO Contact with LINK!! .."

[Matta1972]

So time for an update, I wrote back to Link disputing the recon agreement. They have now written back saying they did not break any rules, but yes the debt in unenforceable!

[The Tech Clerk]

call blockers have used and still do

[Still Waving]

Hi , thank you both for the advice, they have started ringing and texting me, I have not taken any of the calls. I will keep you posted

Can you block their numbers?

[Matta1972]

Hi , thank you both for the advice, they have started ringing and texting me, I have not taken any of the calls. I will keep you posted

[nightwatch]

What makes it UE despite them sending a reconstituted agreement?
This is the magic line with the words, RECONSTITUTED AGREEMENT,
for them to comply with a CCA request they can send a reconstituted what ever they want, but it must be a copy of the original, so if they have the original agreement, why have they sent you a mock up, They need the original to take you to court.
You DO NOT get into letter ping pong with them about this, nor do you point out what is wrong with the copy they have sent, they already know,
Just stop paying and ignore, if you still want to pay them that is up to you, but let them do the running.

As I have said before we received CCA's that looked like they were enforceable, heck some wrote and told me they were, demanded hell and high water, ( my eldest two chiblains) but have not had a penny for over 6 years and never took it any further.
all the payment's that i would have been making went into a saving account every month and were used for a very nice holiday

[Never-In-Doubt]

Hi yes im sure he knows what he is talking about!
I just would like to know why what they have sent makes it still UE
thanks again everyone

I explained in my last email to you the reasons why - put simply, it is a bland set of terms which is non-specific to any individual. It does not meet the 4-corner rule, let alone anything else. The date is also important as previously advised and being perfectly honest, if they tried to take you to court with what you sent me then it'd be pretty wild of them - they must know they have sent utter nonsense. I could send you my blank agreement from that date and say it was yours... {following me yet?}

Anyway, it's up to you whether you settle it or not but whilst it is UE, then it's kinda mad as nothing changes on your credit file or anything. Only thing is you'd know you'd settled and thus zero risk of any comeback. That is entirely your option if you decide to go with it.

[Roger]

I should also ADD never NEVER get into a legal to and fro argument with LINK!
Hold your cards close to your Chest.

Simply cancel any DD or Standing Order with NO EXPLAINATION.
No Phone Calls, SMS, Emails everything Now in Snail Mail (POST)
SIT on your HANDS means NO Contact with LINK!!
Any letters put these up on your Diary with AAD the MODS will help!