Matta1972 Unenforceability Diaries

[Roger]

These are Private Commercial Global Companies they are NOT charities. Their intent is to maximise their Profit for their shareholders.
I should explain that the penalty in LAW for your Debts is 6 years of having your Credit trashed. The hardship that causes also has a very real cost to you and any dependants.
The Debts themselves will have been written off years ago and Tax relief give! The Debts no longer exist.
DEBT purchasers buy these DEBTS in bulk for pennies in the pound AND then seek to convert these into 100% or more to the detriment of the Debtor who can no longer obtain Credit.
They literally take money from those who can least afford to live!!

The first logical step is your legal position within the Consumer Act. This Act is to protect US the Consumer from being victimised!!
It is your legal right.

As for settlements then do NOT approach them.
Stop paying and wait for them to come to YOU!
Be Wise WAIT for them to come begging to you!

[JLC]

In my opinion, if they are UE, you need to stop paying them. They won't accept anything if you're still paying no matter how much it is. You also keep extending the statute barred date each month you pay them.

It's a personal choice and I opted to go down the statute barred route. In 2016 it seemed like a long way off, but now I'm nearly there. Of course the debts don't go away, but they can't take them to court. You also learn that their letters aren't that frightening after a while. As I said above, most of mine have gone away. I get an annual statement from capital one and the barclaycard debt that is currently in the hands of JCS is the only one that I've had grief with. Hopefully that will come to an end very soon. I couldn't have done it without the help of this forum but I'm nearly at the end of the tunnel and can see the light!!

[Night Monkey]

Just to add to the comments above, I also spent months paying small amounts to six alleged creditors wondering whether to stop payments. I eventually did stop and one took me to court, to be seen off in fairly short order by JCS. The rest send me occasional reminders which I ignore and file.

Whether or not to stop paying can only be your decision, but while you're paying anything at all statute barred status will remain six years away. And looking at it from their point of view, why would they settle for a small amount now when they can collect something from you for the next however many years with absolutely no effort?

If you do stop expect a flurry of letters to start with, then things will quieten down. When something happens, post here for advice.

Whatever you decide, this forum will have your back and guide you through, with no judgement.

[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!

[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]

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!!

[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.

[Matta1972]

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

[JLC]

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

good luck

[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

[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

[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!

[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 .

[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

[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