Matta1972 Unenforceability Diaries

[Matta1972]

Sent it through today, thanks for the advice again

[Night Monkey]

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

[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.

[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?

I have now had a letter from Link. “I am pleased to be able to enclose the requested documents with regards to the section 77/78 request under the consumer credit act 1974. The documents have been provided to us by the original lender in question. The account is now enforcable and we kindly request comtact in order to agree a fair and affordable repayment plan if there is not one already in place. Please find enclosed an account summary. This completes our obligation under section 77/78 of the act.

There is then a letter from Barclaycard:
first there is the usual “the information we must provide to you under the terms of section 78 etc etc”
Then this is the bit “I enclose a reconstituted copy of your credit agreement together with a copy of your credit agreement as varied in accordance with Section 82(1) of the act. This is a statement of the terms of your agreement with us and incorporates any variation to the terms made since you entered into this agreement. However the intrest rates fees and charges set out in the agreement may differ from those we have discussed with you due to the current status of your account”
some other bits of current balance and then “enclosed short form cancellation, historic terms and conditions and varied terms and conditions
what should I do? I have 11 pages of what looks like old t and c . The first page has my address at the time, but section 1 says the agreement is between me and barclays with my current address on.
Can someone look at these and advise me please? Thanks

[nightwatch]

helloooo, back now.

hubby is doing well and my arm isn't hurting yet.

Ok, sorry i missed you joining and your original post, hectic last 6 months.

so most of the DCA's will say that if the CCA can't be produced it is still payable and recordable.
This is true, BUT what they fail to say is that If you don't continue to pay there is very little they can do to make you cough up the dough.
some may threaten court action, BUT unles they have a compliant CCA with not just a signed agreement but T&C's not just from account opening but also when defaulted or terminated, they cannot enforce in court, they may try but few do.
As for reporting on your credit file, a Default will stay on file for 6 years (5 scotland) it will drop off it if it has been satisfied or not and cannot be defaulted again.
nationwide did put a second one on mine but had to pay me compensation for that mistake.

As for small F&F as others have said while you are paying they won't agree small F&F, they are getting money with no cost to them, but why would you pay for something that is going to be off your file in the next 12 months anyway.

put the money to one side, if you need it in the future you have it to fall back on, if not, Aruba is nice, thats what I used mine for a few years ago for my 60th.

I have updated my Diary, Nightwatch and hubbys diary of debt, long read but we had many debts.
A a few still contact me, but I don't clss then as needy charities

any questions, ask away.

have a good weekend

NW

[Night Monkey]

... I started saving the money I would have given the DCA's into a contingency POT

Very much this. It was sobering to watch the £300-ish (in my case) build up quickly, as before me pulling the plug that would have been dead money gone to the parasites.

And when PRA got stroppy and took me to court I much preferred giving some of it to JCS so that they could give them both barrels.

A much better use of the money in my opinion, and if you don't need to use it for that over the next six years I'm sure you can put it towards a nice holiday .

[Roger]

well little update , Wescot have now written saying account is suspended , while the lender obtains the paperwork.
Link have written saying one account is unenforceable, so sitting tight

When I did this I started saving the money I would have given the DCA's into a contingency POT! You will be surprised at the difference that a few months savings makes! You have started to take control of your monies and debts!
TIP!
Read the Diaries and make NOTES for yourself of similar situations and comments etc..
What is a Good Diary?
Thats your own records and what you put up on AAD
This is your own solid basis for making good decisions and gives you confidence!

[nightwatch]

hello matta,

i am just on my way out, to visit hubby and get booster jab, but I will comment on your post later,

i will also be updating mine which you may find interesting, as I also HAD debts with some of the same companys as you.

Nightwatch xx

[Matta1972]

well little update , Wescot have now written saying account is suspended , while the lender obtains the paperwork.
Link have written saying one account is unenforceable, so sitting tight

[JLC]

thank you everyone for all the advice. Cancelled standing orders, will update you as anything happens.

good luck

[Matta1972]

thank you everyone for all the advice. Cancelled standing orders, will update you as anything happens.

[Night Monkey]

I forgot to say, if you do pull the plug then put away whatever you would have paid to the parasites into a savings account, that will give you a fighting fund should any of them get stroppy.

[Roger]

The Law is if your S.78 CCA requests are outstanding after 12 days this agreement/debt is UE until such times as the request is satisfied.

But in taking control of your Income and Debts a good Diary is important so its a question of filling in the missing background.
Tactics are also very important so a good Diary gives a foundation for good decisions!
Its important to reduce correspondence to a minimum! Only if and when necessary and here the MODS can help!

We have all be where you are!!

[Roger]

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?

It may well be very difficult to find/supply this agreement.
At this stage NO further Correspondence with Link , email, sms, phone, letter Tactics are important!
This is UE in Law until your CCA request is satisfied!

Just cancel the SO without comment!

[Roger]

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?

It may well be very difficult to find/supply this agreement.
At this stage NO further Correspondence with Link , email, sms, phone, letter Tactics are important!
This is UE in Law until your CCA request is satisfied!

Just cancel the SO without comment!