Unenforceable Diary

[sezzalenny]

Righty ho,

So my ex partner and I consolidated our debts with payplan about 6 years ago - we've been paying off monthly amounts since then. The recent sale of our house has left a small amount of money which we were looking into making settlement offers...this lead to a conversation with a friend who mentioned that the debts may be unenforceable...so i sent a CCA letter to all of them.

So far i have has a few back...So far i have has a few back...
Moorcroft
Moorcroft took over a Tesco debt and they have said they will halt activity on the account until they have heard back from Barclaycard - their letter is a bit confusing as they go onto say that any potential areas of dispute are identified and that I should contact them.
Debt Outstanding - @£6400 - i think it was 10,000 to start
Passed to DMP 13/02/2010 - last full payment would have been just before this
Last payment sent to DMP June 15
Taken out March 09
Status defaulted
17th July - Letter received from Tesco rather than Moorcroft - says that i havent provided an address or signature so can i contact them.
10th September - Letter received saying the debt has been passed to Debt Collection agency Robinson Way - letter was sent to current address not old one
where account was registered.

Update for entry above
Tesco Loan
Date Commenced: March 09
Outstanding: 5313
Last FULL payment: Jan 2010
Currently not paying
Status: Default
Now owned by Cabot Financial UK



I was paying off an overdraft with Santander - they replied and said that I dont have any monies outstanding - on my credit file it doesn't show with equifax but it does with check my file

I received a letter back from the co-operative bank saying that they are unable to locate the files but that i would have been provided with them.
Taken out May 07
Debt remaining £4100
Transferred to DMP 13/02/2010 - last full payment would have been just before this
Last partial payment to DMP 11/06/2015
Status defauted




NRAM sent a copy of the agreement
Taken out Oct 2007
Status default
29,531 outstanding
transferred to DMP 13/06/13 - last full payment just before this
last paid DMP 11/06/2015

Tesco bank said they dont have an address for me and the signature doesnt match so can i sent those things or call


No response yet from
June 05 & July 95
HSBS - 2 x overdrafts - after reading the links below i sent a standard CCA letter here which was wrong?!
1690 & 2500 outstanding
Status DMP
Transferred to DMP 13/02/2010
last part payment 11/06/2010
23rd July - letter received to say postal order returned and they need me to call to proveide an upto date signature.
19th August - Letter recieved to say contacted payplan and if i dont contact they will pass to a debt recovery agent
23rd Aug - letter sent saying the same as above.


Cabot Financial - was barclays
Taken out Sept 08
Original debt 6000
Remaining 5000
Status default
Transferred to DMP 13/02/2010
last part payment 11/06/2010
1st September - Letter received to say they haven't been able to supply the information within the time period so its unenforceable but i still need to pay.



Santander - overdraft, another account
6500 - ex partners acc need to check when taken out
Transferred to DMP 13/02/2010
last part payment 11/06/2010

Santander - overdraft, another account
Not sure when taken out probably
1750
Transferred to DMP 13/02/2010
last part payment 11/06/2010

Letter were sent on the 30th June

[MrsD]

Re: Unenforceable Diary

welcome to AAD

personally I think DMPs are the work of the devil, but you've been doing it long enough to realise that.

so rule one - no speaking to them on the phone, ever, everything in writing
rule 2, stop looking at your credit records, everytime you do that you confirm where you are and raise a big flag pointing at your address.

you need to decide what you want to do, do you want to
not pay at all?
negotiate settlements?
just keep on paying the DMP?

You should have a good read around the forum, read the diaries, and read this

http://forums.all-about-debt.co.uk/s...ide-to-UE-2014
http://forums.all-about-debt.co.uk/s...CA-Information
http://forums.all-about-debt.co.uk/s...-Read-me-First!

Of your replies, we can deal with all of that, nothing to do at the moment other than send Tesco a letter to tell them off for their delaying tactics (template available for that)

just let us know what you think you want to achieve and could you confirm that all the debts are pre 2007?

[PlanB]

Re: Unenforceable Diary

personally I think DMPs are the work of the devil

Amen

Plan B x

[SA Gold]

Re: Unenforceable Diary

Hi Sezzalenny,
Welcome to the forum, you are in good hands here. I found the forum a few years back in dire straights and haven't looked back since. It has been a huge weight off my shoulders know that these scum bags will get a thumping if they try it on with an AAD soldier!

personally I think DMPs are the work of the devil, but you've been doing it long enough to realise that.

Agreed. The problem is when people are in the sh!te and haven't found us, it seems like the less of the two evils. Speak with the parasites at the bank, or the people at the DMP which are registered charities?! That said, from memory it seemed like hit and miss the info they gave me. I remember talking to one hell of a funny bloke there who said he was going to have collection for Bob Diamond as he felt so sorry for him (tongue in cheek of course) and then i spoke to one dummy who said i was lucky Barclays hadn't taken my car from me which of course i now know was complete rubbish!

[sezzalenny]

Re: Unenforceable Diary

Thanks for this - as you can probably tell i'm confused about what to do. The house sale has left some money to make final offers, money which we will probably never have again....but if we can keep it and not get taken to court then that it what i'd prefer!!! We have left the DMP now, the last payment we made to them was in June. The NRAM debt is the biggest worry to me as it's so large, that makes me think that they'll fight harder for it! The last thing i want is people turning up to the house :/

Ive added some more detail to my post with dates the debts were started....thanks for the advice for the Tesco letter, i'll send that away. No action for the co operative response yet?

Sorry if i seem all over the place with it - its a whole new world to me!!

:0)

[MrsD]

Re: Unenforceable Diary

morning

ok some of your debts are post 2007 which makes it more difficult to utilise UE, but not impossible.

the NRAM one is most likely the most troublesome, is it secured? if it is, we'll need to look at it differently.

Moorcroft - just wait and see what happens but again it's after 2007 so need to keep a tight eye on it.

Why are there different transfer dates into the DMP? and are all the debts your own, ie why are you paying an ex partners overdraft off?

who was your DMP with?

sorry for all the questions, but we need to just see where you are so that we can help the best we can

[sezzalenny]

Re: Unenforceable Diary

OK so the DMP was with PayPlan......i took out the Tesco loan to pay off some of my partners debts so that we had a few less payments a month - so although he's now my EX we are still seeing the debts as joint......I had just gone on Maternity leave which was why we went into a DMP - they advised a joint DMP...hes also on the NRAM loan which is unsecured - it was part of a together mortgage so i didn't realise that it could be included in the DMP when we first transferred to them..(i thought it would affect the mortgage)...it was only when talking to PayPlan in 2013 and we were struggling with Mortgage payments that they said why are you paying the full amount on the loan....it was then transferred over..

Hope that's clearer...ask anything you need...your help is very welcome :0)

[MrsD]

Re: Unenforceable Diary

Ok thank you for getting back so quickly

were you paying insurances to Payplan as well? If you've cancelled the DMp you need to look at what insurances they sold you and check if you need them (that's how they make their money)

Has the DMP being toodling along with no problems? Have you had an correspondence from the creditors?

Most of these will definitely be enforceable due to the dates (post 2007) but if I were you I would give them all a while before I offered an sort of settlement, six months without an payments at all will concentrate their wee minds a bit and therefore make them more receptive to a wee deal at the end.

I'm a bit more concerned about the NRAM one but I've never had one so will take some advice and ask someone else to look in for that.

Did you ever have PPi on any of these and if you did have you claimed any back.

You cannot right asking for CCAs for your ex partner, they need to do that themselves, although it should be signed digitally.

The co-operative do need to provide a CCA on request, just saying that they did sometime in the past is not good enough I'm afraid. I would send a CCA reminder to them.

and lastly for the moment, did you use our templates? or someone else's?

[sezzalenny]

Re: Unenforceable Diary

Sorry for the delay....

So we had cover my payments and life cover...i cancelled this in Feb this year,....its been tootling along with no problems, statement letters sometimes and when due for an annual review a letter saying that the agreement was due to expire and that a new one needed to be agreed.

So even though most are past 2007 they are enforceable even if they cant provide the original agreement? Sorry i should probably understand this better!

This is the template i sent :

date

Dear Sirs,

Reference:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).

I require that you provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I also remind you of your duties, in line with recent FCA Consumer Credit Sourcebook (CONC) guidelines surrounding Unenforceability I presume you're aware that it suggests that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

1. a copy of their agreement
2. copies of some of the other documents mentioned in their agreement
3. a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

1. make the debtor pay the debt before they're supposed to
2. get a court judgment against the debtor

So, in line with these (FCA CONC) guidelines, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee to request any such documentation regards this account -note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed time-scales quoted however, in the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the Financial Conduct Authority.

Yours faithfully,



Sign Digitally / Type Name

[MrsD]

Re: Unenforceable Diary

debts have a better chance of being ue if they were taken out before April 2007, some of yours were right on the cusp. It doesn't mean they've done everything right so not a dead stop, and also some people can still find something unlawful about the execution of the paperwork regardless of the date.

Let's see what comes back from your CCAs before we make any more decisions. UE is not an easy road, it takes 5/6 years minimum from your last payment to achieve SB and for your credit record to clear. Have a wee read around the diaries, lots of interesting and encouraging stories on there, some people have dealt with and are dealing with huge mounds of debt on there.

[sezzalenny]

Re: Unenforceable Diary

So i've received some more letter over the summer - i've updated the diary above to show what has been received. HSBC are saying they will pass to a debt collection agency and havent as yet provided a copy of the original agreement - assume i need to send a reminder letter - but send the overdraft letter this time?

Moorcroft must have passed the debt back to Tesco who havent provided the agreement yet - reminder letter to be sent?

Cabot have said that they will continue to request the information from the lender and acknowledge that at the moment it is unenforcable

[MrsD]

Re: Unenforceable Diary

you don't need to send reminder letters

I would just wait to see what arrives, anything the least bit threatening, let us know.

You are doing fine

[nanna58]

Re: Unenforceable Diary

Best of luck x

[sezzalenny]

Re: Unenforceable Diary

It's been a while since I've posted as up until now I've been receiving daily calls and texts from NRAM and reminder letters from the others but no mention of anything else.

Yesterday I received a final demand for one of the HSBC overdrafts. This one although like the others feels more troublesome as they have not acknowledged at any point the DMP or the cease of payments. It says I have 18 days to pay 2143 in full or they will pass it to repayment services or solicitors. I don't know whether to just start paying a pound a month to them to see if something going in makes a difference, or whether that is just me panicking! TBH it all just feels a bit like a ticking time tomb!!

Any thoughts greatly appreciated 😊

[Pixie]

Re: Unenforceable Diary

UE is a little more tricky regarding overdrafts (though I've been utilising it for over 5 years on mine ) but tbh, I don't see anything terribly threatening in that letter from HSBC. If it were me, I would send off the overdraft CCA request letter --->http://forums.all-about-debt.co.uk/s...CA-Information I certainly wouldn't start paying anything unless I absolutely had to.