Andy's UE Diary

[Andy84]

Re: Andy's UE Diary

thankyou for that Scabhunter (like your handle too btw) - that may be very helpful because I'm afraid I have made small token payments at various times and can't remember the dates but I know that I've probably made payments most years. However... as previously stated given that Cabot are pursuing me for the current account rather than the loan itself I'm inclined to start by following the advice that relates to current accounts

[ScabHunter]

Re: Andy's UE Diary

thankyou for that Scabhunter (like your handle too btw) - that may be very helpful because I'm afraid I have made small token payments at various times and can't remember the dates but I know that I've probably made payments most years. However... as previously stated given that Cabot are pursuing me for the current account rather than the loan itself I'm inclined to start by following the advice that relates to current accounts

Fair enough. Based on that, it doesn't sound as though it will be SB, or likely to become SB for nearly six years.

SH

[Pixie]

Re: Andy's UE Diary

If you've made token payments most years then looking at SB is out.

Yes, if Cabot are after you for the current account, then I would follow the overdraft UE process. It is somewhat experimental but I've been following it for more than two years and haven't heard anything for quite a while. No two cases are the same though.

[Andy84]

Re: Andy's UE Diary

yes my payments have been erratic and few and far between but I believe I've paid something most years. Thanks for that Pixie - I shall now go down the /draft unenforceability route. Who knows maybe it will buy me another six years?

[Andy84]

Re: Andy's UE Diary

OK I have now located the copy of the loan agreement that I signed. It's dated 14/11/06 and is not signed by anyone from the bank. However as discussed above I am for the time being going to focus on the current account debt rather than the personal loan itself - and with that in mind I've just sent off Letter 1 from the unenforceability overdraft guidance available here - http://forums.all-about-debt.co.uk/s...CA-Information

[Andy84]

Re: Andy's UE Diary

OK today I received an acknowledgment of my letter from Cabot. One of those "sorry you've had cause to complain we'll investigate it thoroughly" standard replies. We shall see...

[Andy84]

Re: Andy's UE Diary

Sent off my initial letter at the beginning of last month. In response I received a letter from a "Customer Support Consultant" dated 8 December and acknowledging receipt of my letter on 5 December and finishing with a promise to write to me further once they have completed a "thorough investigation." I understand that unenforceability should be regarded as more of shield than a sword but since I've not heard anything for a month I'm inclined to now proceed to Letter 2...

[cymruambyth]

Re: Andy's UE Diary

Keep quiet and wait for them to complete their investigation! This is a game and you don't make your next move until they have completed theirs. Cabot can take ages to complete their investigations, enjoy the respite.

[Pixie]

Re: Andy's UE Diary

I agree with Cymruambyth. I've been waiting well over a year for a couple of mine to be investigated.

Just let us know when you receive something back from them.

[SaltnVinegar]

Re: Andy's UE Diary

I understand that unenforceability should be regarded as more of shield than a sword but since I've not heard anything for a month I'm inclined to now proceed to Letter 2...

You have to remember what your end goal is here - that is to get the debt to the situation where its statute barred (5 years in Scotland, 6 years UK).

That means that time is your friend here, the longer that a creditor takes to get paperwork together (or not), the closer you are to you end goal. If ball is in a creditors court, you don't need to chase them, let them take as long as they like.

[Andy84]

Re: Andy's UE Diary

Yes I guess time is on my side so best to let them take their time..... However my immediate concern is to try and repair my credit rating and I'm pretty sure that Cabot will have registered this on my credit file. However I guess that is a separate issue. I can still contact the credit reference agencies to explain that am disputing this debt on the basis of unenforceability (without actually sending Letter 2 to Cabot just yet...) - might throw in a reference to Grace v Blackhorse...

[SXGuy]

Re: Andy's UE Diary

I doubt the CRA's will remove a default based on unenforcability. They are entitled to default you if you miss contractual payments regardless. It would have to have been irredeemably unenforceable under section 60,61 for even the slightest chance of removal and only then would be decided by a court first. (think I have that right)

[cymruambyth]

Re: Andy's UE Diary

The only thing to remember is that a debt can only be defaulted once, so if the original creditor had registered a default (which they should have done) then Cabot can't register their own default.

[MrsD]

Re: Andy's UE Diary

please don't go checking your credit every other day, everytime you log on to these bloodsuckers you raise a great big flag confirming you are there and interested.

just ignore it, you can't do anything about it until the debts are SB, then is the time to dispute any dodgy entries

[Andy84]

Re: Andy's UE Diary

MrsD: sounds good advice (subject to proviso from cymruambyth above...)