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  • Unenforceability Issues - how best to react?

    Hi

    I was told about how helpful AAD is this week and even after just half a hour looking around that seems like an understatement! Could anyone help with this enquiry please? As general background I have multiple credit card accounts; all defaulted between Sept 2009 and June 2010; all are pre 2007; most are being managed and I think) owned by DCAs although a very few are still with the OC. Having only recently become aware of the CCA I recently started sending some CCA letters to the DCA; only 5 at the moment. However, I seem to have inadvertently picked one of the tougher DCAs in PRA in relation to two of the accounts. They're response for the two accounts seem very different though and its this I wanted to ask about.

    Account 1: An MBNA credit card - debt was sold to Experto Credite and then onto PRA. PRA returned the PO with their first letter which said they will cease further collection activity until further notice. A copy of T&C from MBNA followed quickly, then what seems to be the signature form for the application with my signature and credit limit. The letter they came with dated 23 Jan says the deem the debt to be unenforceable though they're waiting on further documentation. Since then nothing.

    Account 2 Also an MBNA credit card - debt was sold to Aktiv Kapital who I think became PRA? PRA returned the PO with the same message as for Account 1 - letter dated 23 Jan and since then nothing.

    I don't understand the apparent difference in their reaction! Do I sit still and wait developments or is there something more proactive I should be doing?

    Thanks

  • #2
    Re: Unenforceability Issues - how best to react?

    For peeps to help and advise, it's best to list all the debts as on post http://forums.all-about-debt.co.uk/s...-Read-me-First!

    if you have received any CCA's back, get them emailed to Niddy, but don't delete any information (it's perfectly safe) and he can advise you on them. If they are not threatening and haven't responded to your CCA request, then there isnt much to do as they are in default of your request.

    Comment


    • #3
      Re: Unenforceability Issues - how best to react?

      I think It's generally best to leave well alone if they're not bothering you but if you get anything that is a concern then you're in the right place to get help.

      Some members may suggest that you send CCA requests (where applicable) to all your creditors and when you get anything back, it can be reviewed by Never in doubt (Niddy) he will give you his expert opinion on whether the account is enforceable or not.

      Can I ask if you are paying any of the debts, you mention that they defaulted 2009/10 so you could be close, if not already, to them dropping off your credit file, which is good news for you.

      If you are paying, then that just extends the time to anything becoming statute barred.
      Last edited by marypoppins; 8 February 2017, 22:27.

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      • #4
        Re: Unenforceability Issues - how best to react?

        I got logged out mid post !

        I see that JLC has given you the link to make a start.

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        • #5
          Re: Unenforceability Issues - how best to react?

          Thanks JLC and Mary P and much appreciated. I'll do as you suggest and ask Niddy to review the documents. Unfortunately I am still paying all creditors apart from the five I've sent the CCA letters to although all are off my Expeian file apart from two.

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          • #6
            Re: Unenforceability Issues - how best to react?

            As they've said it's UE pending further correspondence then stay quiet until they chase you.

            Just cos they send a CCA won't mean it's necessarily enforceable. Email me the CCA info (unedited) and I'll gladly look over it for you.

            webmaster@all-about-debt.co.uk
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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            • #7
              Re: Unenforceability Issues - how best to react?

              Originally posted by Zeppelin View Post
              Thanks JLC and Mary P and much appreciated. I'll do as you suggest and ask Niddy to review the documents. Unfortunately I am still paying all creditors apart from the five I've sent the CCA letters to although all are off my Expeian file apart from two.
              And like magic I'm here

              * planB messaged really. I'm not psychic honestly! Lol

              Just keep paying them for now. Forget your cra record for the moment & let's see what's enforceable & what's not then you can make a fair assessment on your next move.
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

              Comment


              • #8
                Re: Unenforceability Issues - how best to react?

                Thanks Niddy. I'll send the documents over in the next few minutes to the webmaster address.

                Comment


                • #9
                  Re: Unenforceability Issues - how best to react?

                  Cheers I'll peek in the early hours. Will try reply by morning
                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                  Comment


                  • #10
                    Re: Unenforceability Issues - how best to react?

                    Replied to emails. Both mbna are
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                    Comment


                    • #11
                      Re: Unenforceability Issues - how best to react?

                      Originally posted by Never-In-Doubt View Post
                      Replied to emails. Both mbna are
                      Surprise surprise!

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                      • #12
                        Re: Unenforceability Issues - how best to react?

                        Thanks everyone and especially Niddy for you guidance and input. I'm chuffed to say the least!! Not the right place to ask probably but can membership of AAD+ and a donation be made any other way than by Pay Pal?

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                        • #13
                          Re: Unenforceability Issues - how best to react?

                          Originally posted by Never-In-Doubt View Post
                          Replied to emails. Both mbna are
                          Glad to see Zeppelin is off to a good start.

                          More to follow hopefully.

                          Di

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                          • #14
                            Re: Unenforceability Issues - how best to react?

                            Originally posted by Never-In-Doubt View Post
                            Replied to emails. Both mbna are

                            Thats always great to hear, gives a person inward confidence, so now more encouragement to upload the other CCA, and start getting your life back on track .
                            If you are using a shovel to dig yourself into a hole, a credit card company will be happy to give you a JCB !!

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                            • #15
                              Re: Unenforceability Issues - how best to react?

                              Thanks very much Susiebling!

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