Enforceability

[Adinuff]

Hi There,
I am new on here so please pateint. One of the members from another site recommended it to me. I am in the process of recieving CCA and SARS from my creditors. I have recieved some CCA whihc seem to be reconstitued. But i would like to make sure. Who and where do i upload them so someone can check

many thanks

Adinuff

[ScabHunter]

Re: Enforceibility

where do I upload them so someone can check

Take a scan of the agreements, if you can, and then send them to -

agreements@all-about-debt.co.uk

Put your user name in the subject line, so Niddy knows who they are from. This is totally safe, as only Niddy has access to this. Even the rest of the site team and mods have no access.

SH

[DoTheyMeanMe]

Re: Enforceability

Hi Adinuff and welcome to the forum.

As SH says, email your CCAs to Niddy on the secure address he gave. There is no need to blank-out personal details as only Niddy sees them. Also send whatever other paperwork you received, T&Cs, etc so he sees everything they sent you.

If you look through the Unenforceability Diaries you will see how to set-up your own diary. Doing that and keeping it updated lets the experts on here advise you how to deal with letters you receive, etc.

Particularly remember NOT to deal with anyone by telephone - keep everything in writing. I know you have received advice on another forum but be careful of that site. Someone on there recently suggested that you write to a creditor telling them what they have got wrong in an agreement - this is rarely good advice - it just tips them off and makes your case harder.

One step at a time will get you there.

Good luck.

[pezman65]

Re: Enforceability

Hi There,
I am new on here so please pateint. One of the members from another site recommended it to me. I am in the process of recieving CCA and SARS from my creditors. I have recieved some CCA whihc seem to be reconstitued. But i would like to make sure. Who and where do i upload them so someone can check

many thanks

Adinuff

Hi Adinuff, welcome to the site, I came over from another site and have had my life changed around with help from the guys and gals on this site. It may seem stressful at first but the advice you will get together with the support will have you feeling safe and in charge of your financial situation very soon. All the best and keep us informed of your progress, kind regards Pezman

[Adinuff]

Re: Enforceability

Hi lads/ Ladettes,
Really appreciate the nice welcome and thanks again DTMM for recommending the site. I will email now. I have already painted over name , address etc for another site. If there is a problem i will rescan and send again.

Adinuff

[Adinuff]

Re: Enforceability

Hi Everyone,
As advised by DTMM i have reading up on the blogs by Paul from watsons solictors. Very very interesting reads on what can and cannot be achived by CCA requests. As you are well aware i have been posting on another site. And have been following there advice on what do regarding CCA's. Im a little concerned that thye are advising me stop making payments as the copy of the agreement is not enforceable. I have sent to Niddy for further examination and hopefully he will conclude that they are unenforceable. But should i carry on making payments through my DMP or should i stop? Looking from the unforceable guide the terms and conditions seem to be photocopied on reverse of CCA. Also there is no date next too signatures. These CCa are all pre 2007. Also one signature doesnt even look like mine.

many thanks

Adinuff

[Undercover Elsa]

Re: Enforceability

Whether to stop payments or not depends on your circumstances, eg how concerned you are with your credit rating and on each individual account, type of account, history etc. There's no blanket rule.

Say for example your credit rating isn't an issue and you're keen to pursue unenforceability and wait the 6 years until it becomes Statute Barred, then if the agreement is unenforceable most people on here stop paying.


Or, say you're stuggling to pay minimum payments on a credit card, getting late payment fees, interest is stacking up and they won't stop interest or help you by agreeing reduced payments. In that case stopping all payments until they default and terminate the account will force the issue, usually get interest and charges stopped and then if you want to negotiate a repayment plan or Full & Final offer you're in a much better position to do so.

The sooner the accounts get defaulted (by not paying) the sooner that default drops off your credit record, whichever way you deal with the debt afterwards.

Have a read here>> UPDATED - A Full Guide to Unenforceability - allaboutFORUMS
And here>> Unenforceability Diaries - Read me First! - allaboutFORUMS

Then if you do your own diary thread with a different post for each debt we can work out the best way forward for each one. You're in control though, it has to be your decision

If you need any help, just shout..

Elsa x

[Adinuff]

Re: Enforceability

Hi Elsa,
All the accounts have had defaults and have fallen of my CRA file due to 6 years elapsing, so that is not the issue. im just worried if i stop paying them and wait try and wait for 6 years for statue barrred. They may pursue the court route and a judge may find the CCA forceable. in turn i will have to payback even more than the original debt.

adinuff

[DoTheyMeanMe]

Re: Enforceability

Hi Elsa,
All the accounts have had defaults and have fallen of my CRA file due to 6 years elapsing, so that is not the issue. im just worried if i stop paying them and wait try and wait for 6 years for statue barrred. They may pursue the court route and a judge may find the CCA forceable. in turn i will have to payback even more than the original debt.

adinuff

Same position as my friend who I am sorting things out for now. If she had continued paying at her DMP she would have cleared the last one at the age of 156.

As Elsa says, the choice is yours and it can take quite a great leap of faith to stop payments. My friend has stopped all hers as they ALL have unenforceable CCAs. The alternative is, for many people, paying them for years and years.

As for being taken to court: If the CCAs are unenforceable the template letters on this site and a bit of common sense should keep them well away from court. Anyone who goes to court with a UE CCA is looking for a good hiding, as a few members on here have been witness to when they used Paul's services.

Default Notices can only be issued once on each account so they cannot mess your credit record up a second time with them.

What is far more likely is that the OCs will sell the debt on to some muppet DCA who will do no better at getting you to pay than the OC did. That's when it will be sold again to some other muppet DCA, and so on until the 6 years have flown by or you finally agree a very small Full and Final settlement with them.

A lot of older agreements have not been kept by the OCs, so some lucky people get letters saying, 'We cannot enforce this debt but it would be nice if you still paid us'. My friend got just such a letter for a £13,000 debt.

Like me, you may need a little time to establish the belief in this system but reading other people's diaries will help.

Good luck and positive thinking to you.

[Undercover Elsa]

Re: Enforceability

I understand, Adinuff.
There's no pressure on here, why not just take it a step at a time, do your diary, so we know exactly what we're dealing with, and take it from there.