Matta1972 Unenforceability Diaries

[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.

[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!!

[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!

[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

[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

[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.

[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!

[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.

[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 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.

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

[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]

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.

[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