Matta1972 Unenforceability Diaries

[Still Waving]

Hi

You should email what they claim is the copy agreement and the terms at outset to Niddy (webmaster@all-about-debt.co.uk).

Head it Matta1972 CCA, and include a link back to this diary. Don't blank out any personal detail, and Niddy will be the only one to see it. It's quite safe.

[Night Monkey]

<snip> ... Oops, duplicate info, sorry ...

[Matta1972]

Sent it through today, thanks for the advice again

[Never-In-Doubt]

That's unenforceable. I'll reply direct to your email.

[Matta1972]

Hi great, so now what? I see now your advice would be not to do anything. However as previously said I am really wanting to get some full and final settlements with help from my mum. The other UE ones I will wait and early next year make some offers. I know Link are now going to increase the pressure about this one. What makes it UE despite them sending a reconstituted agreement? After they all come off my credit file next year I really want them all off my back so they will never come back. Thanks

[Night Monkey]

As Still Waving said:

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.

I think most of us on the forum have initially imagined that once we know our alleged debts are UE then the various DCAs will be instantly willing to accept a lowball offer so that they get something - I certainly did, but as I understand it that's very rarely the case. Just because we offer a low F&F they are under no obligation to take it and may well take any offer as notification that there's some money in the bank that they can come after.

And don't forget that any offer could well restart the statute barred clock and push that six year deadline further away.

[The Tech Clerk]

sit on hands

[Matta1972]

So after some more thought on the matter, I really could do with advice.
Either 1) As you say sit and wait, but what happens if they threaten court or worse start proceedings?
2) Start up my small repayments with them (£8 a month) and then sometime in future negotiate nicely?

I would like some idea of what might happen please?

[Night Monkey]

As Tech Clerk will probably say, the preferred AAD way is 'sit on your hands'.

They will probably threaten court proceedings, but a threat is just that until they actually go ahead and do it. In my case, after about two years of stopping payments, so far only one of the alleged creditors has actually issued proceedings and I used the put-aside payments to fight it, with JCS's help; I won, so that one has now gone away for good. The others are currently quiet, I'm sure that will change in time but the only thing I plan to react to is court action.

If you make any payments, small or otherwise, the SB status remains six years away. And while you're paying anything, why would they accept any settlement when they have a nice monthly income with no effort whatsoever?

Only you can decide what is best for you, but the forum will be here for support whatever you decide.

[nightwatch]

can I point out that them agreeing to a small repayment, doesn't mean that they won't try to take you to court in the future, thats why you find out if the CCA is enforceable or not, if enforceable you could continue to pay a small repayment amount, but you need to wait till they contact you with a reduction.
NEVER contact them if they send a letter saying a reduction could be available, it i just a letter to get you to to speak to them and they will try to get you to up your payment's.
If it is Unenforceable, they cannot use the court to get you to pay anything, they will say you had the money you owe it, BUT you may have repaid what you spent in intrest and charges.
they can still ask you to pay but cannot force you to pay.
Most of ours were UE from 2012 and have not been paid since then, some still ask us to pay, one day I may tell them they are SB, but not yet, i like to feel wanted

[Still Waving]

So after some more thought on the matter, I really could do with advice.
Either 1) As you say sit and wait, but what happens if they threaten court or worse start proceedings?
2) Start up my small repayments with them (£8 a month) and then sometime in future negotiate nicely?

I would like some idea of what might happen please?

Hi again

You are obviously rather apprehensive, as I was at the outset. When I first joined AAD I spent a couple of months reading the diaries and the responses, and generally getting a feel for the 'modus operandi' for dealing with debt chasers. Then I decided to go for it, cancelled my management plan with Payplan and sent CCA74 requests to all the creditors.

A couple of the bigger amounts Niddy thought were enforceable, but nevertheless I treated those the same as the others, dealing with the chasing letters a step at a time with the help and guidance of the members and the knowledge base of the site itself. (Make no mistake, there will be a lot of letters once you have stopped paying.)

I never paid a penny to any of them again and, fortunately for me, none of them actually issued Court papers. The only time court action was taken against me was before I discovered AAD, and while I was actually making payments under the DMP. Payplan and the CAB were no help at the time and I ended up with a charging order. This court action got me mad, so I started researching on the 'net, and the rest is as above.

You've hinted at being, let's say, of mature years. So was I at the time I began, and my DMP would have gone on for many years, and the payments were not small.

What I would say is, you've come this far so why not carry on and see how it goes? You need never get taken to court as you will be in control, since you will always have the option of going back to a repayment plan if it gets too much for you.

Finally, from what you have said I get the impression that at least some of any F&F monies will come from your Mum. Why give your dear Mum's money to these debt purchasers?

[The Tech Clerk]

years ago i agreed a small payment agreement and stuck to it, but they ended up taking me to court , they ended up smaller payments they could not even get that right.

[Roger]

So after some more thought on the matter, I really could do with advice.
Either 1) As you say sit and wait, but what happens if they threaten court or worse start proceedings?
2) Start up my small repayments with them (£8 a month) and then sometime in future negotiate nicely?
I would like some idea of what might happen please?

Niddy has said UE He would have emailed reasons etc.. THIS IS TERRIFIC NEWS and Empowers you NOW.

The first error is to think that any CCJ is automatic. It isn't you are a LONG LONG way away from a CCJ!
There are processes to be followed by Link and plenty of evidence in the Diaries of dealing with Link!

I think before doing anything you need to flesh out your diary with factual information.
Now that you know that Link have been in communication with Barclaycard (your S.78 CCA request) !

If I were you my next step would be to request as SAR (doesn't cost anything) from Barclaycard! The SAR will include details of Links S.78 request.

As for Link DO NOTHING.
If you keep paying you are extending the Statue Bar DATE and LINK will simply FLEECE you for any and every penny! Because they prey on your fears and weaknesses!

LET LINK come begging to you and not the other way round!

You are doing very well and taking control of your Debts!

[Matta1972]

That's unenforceable. I'll reply direct to your email.

Hi I know I am learning about all this but what makes what I sent you make it UE! Whats missing? Thanks

[Roger]

Hi I know I am learning about all this but what makes what I sent you make it UE! Whats missing? Thanks

Niddy has been providing this CCA check service for many years
(He is the only one who sees your documents)

Obviously I haven't myself seen what you have been sent.

BUT over the years there have been a number of significant changes in the original Consumer Credit Act 1974.
Your date of 1999 for instance IS a significant YEAR.

I don't know whether the IRON Mountain fire in which Banking original documents were destroyed, is relevant to your Case or not.

I mentioned also MERCERS which is another significant name with Barclaycard.

LINK themselves a group of companies not all of whom are licensed for FCA purposes.

This little list is more than enough in Law to sink LINK.

From your own figures
£8 per month that's £96 per annum in ten years £960 in 100 years £9,600 against your what £11,000 Debt.
But all the time you pay even a penny you are driving the Statue Bar a further six years distant!
Prolonging this agony!

Time now to SIT on your HANDS, do some research and flesh out your Diary with FACTS and you will like so many of US here on AAD free yourself from these Parasites.