Let the fun commence - 6 year journey starts here!

[Meepatme]

Keep up the good fight hang in there sound like the team have you on some good solid ground

[Still Waving]

If a debt is unenforceable due to statutory breaches then it's unenforceable regardless of who subsequently purchases it unless it's a breach which can be remedied. From the way the OP has described the situation it looks like this is a breach which cannot be remedied retrospectively (i.e. a fatal flaw).

As you say, it won't prevent a future debt purchaser from starting enforcement action but it may prevent them from getting very far with it

Di

Indeed - we know that some debt purchasers try it on hoping the debtor will be ignorant of the law and just cave in.

[Brusselsprout]

So they've written to say they can't enforce the debt in court because they've not complied with their statutory duties (s 86 I suspect).

What they've not said is what are the legal consequences of their non compliance over and above the debt being unenforceable in court. I think I know what they are and I would advise you not to sign anything which could compromise your position at this stage.

When was the last time they sent you an Annual Statement of Sums in Arreas?

Have you been charged any interest on the account since that date?

I can't see when you last paid the contractual amount i.e. the monthly repayment due under the terms of the loan, so when was that?

Di

Hi Di

Yes, I have decided not to sign anything

The last full contractual payment would have been back in December 2015, as i went into a DMP in January 2016. As for when i received a statement of arrears, i couldn't say to be honest, but i don't recall getting many - if any! No interest that I am aware of has been added yet. What should be my next plan of attack on this one? or should i just ignore... ? What are the legal consequences that you mention above?

Thanks
Brussel

[Joanna Connolly Solicitors]

. However, in any event, I'm not sure that this situation would necessarily prevent a future debt purchaser from starting enforcement action.

If a debt is unenforceable due to statutory breaches then it's unenforceable regardless of who subsequently purchases it unless it's a breach which can be remedied. From the way the OP has described the situation it looks like this is a breach which cannot be remedied retrospectively (i.e. a fatal flaw).

As you say, it won't prevent a future debt purchaser from starting enforcement action but it may prevent them from getting very far with it

Di

[Joanna Connolly Solicitors]

So they've written to say they can't enforce the debt in court because they've not complied with their statutory duties (s 86 I suspect).

What they've not said is what are the legal consequences of their non compliance over and above the debt being unenforceable in court. I think I know what they are and I would advise you not to sign anything which could compromise your position at this stage.

When was the last time they sent you an Annual Statement of Sums in Arreas?

Have you been charged any interest on the account since that date?

I can't see when you last paid the contractual amount i.e. the monthly repayment due under the terms of the loan, so when was that?

Di

[Brusselsprout]

That's a good point - it is still an outstanding debt either way.

Unfortunately so, but an unenforceable one, which helps a little....

Cheers

[Still Waving]

It looks like the Notice of correction seems pointless to be honest, I have another 8 defaults anyway, so does it matter if 1 is corrected? I am still screwed credit wise...Why risk replying back to them for little gain? Hmm tough one..

Thanks
Brussel

That's a good point - it is still an outstanding debt either way.

[Brusselsprout]

Well - that looks good. Keep the letter very safe. As regards the notice of correction which would go on your credit file - does it, or does it not state that they will not take legal action, or does it only say what you have highlighted in bold? I think this is important.

Anyway, see what the more expert members say, but I think there is no catch, and with the letter you would have ammunition to bat away any DCAs with.

Edit: the snag could be that by signing that form you are acknowledging the debt, and so could lose the 6 months of your potential SB period (since you stopped paying). However, in any event, I'm not sure that this situation would necessarily prevent a future debt purchaser from taking enforcement action.

Thanks guys

That is all it says in the highlighted part, i.e. the notice of correction bit, but In the body of the letter it states that -verbatim- "In light of the issues identified this means that we will not pursue court proceedings to recover this debt. This does not affect your payments due in respect to your loan" .

It looks like the Notice of correction seems pointless to be honest, I have another 8 defaults anyway, so does it matter if 1 is corrected? I am still screwed credit wise...Why risk replying back to them for little gain? Hmm tough one..

Thanks
Brussel

[nightwatch]

I would PM niddy to see what he says, sounds ok BUT one cannot be to careful

[Still Waving]

Well - that looks good. Keep the letter very safe. As regards the notice of correction which would go on your credit file - does it, or does it not state that they will not take legal action, or does it only say what you have highlighted in bold? I think this is important. Ignore that bit as I misread 'creditor'.

Anyway, see what the more expert members say, but I think there is no catch, and with the letter you would have ammunition to bat away any DCAs with.

Edit: the snag could be that by signing that form you are acknowledging the debt, and so could lose the 6 months of your potential SB period (since you stopped paying). However, in any event, I'm not sure that this situation would necessarily prevent a future debt purchaser from starting enforcement action.

[Brusselsprout]

Re: Let the fun commence - 6 year journey starts here!

DEBT #5

• Type of account: Nationwide Loan
• Date commenced: February 2012
• Approx balance: £2,200
• Date last paid: last Full payment made via DMP in January 2017. Reduced payment in February. Missed payment in March.
• Are you on arrangement or not paying: Currently not paying
• Status Account: Defaulted April 2017
• Account owner : Nationwide

CCA request sent March 2017. No response yet.

26th March 2017: CCA request signed for at depot.
20th April 2017: Default notice has dropped through the door. Still no response to my CCA request though!
5th June 2017: Nationwide Recoveries sent letter asking me to contact them to discuss a one off discounted offer. I have to call them to discuss!
4th July 2017: 'My account has been passed to Nationwide Recoveries' again! :P If they do not hear from me they may sell debt on or take legal action. Still no CCA so i will ignore.
20th July 2017: Another letter offering me a discount and to call and discuss!
30th July 2017: Urgent action letter received from Nationwide. I must contact them or they will advise a debt collection agency to collect.
20th August 2017: Letter saying Wescot will now be dealing with this account on their behalf.
30th August 2017: Westcot calling and texting asking me to contact them.
1st September 2017: Letter received from Nationwide saying they have identified some issues with the arrears statements they have sent.

Hi guys

I am hoping you can help with this one

I received a letter from Nationwide today titled 'We have some information to share about your personal loan'. It then goes on to say that apparently they have to send prescribed information at regular intervals whilst i am in arrears and they found that some of their communications did not meet those requirements They then say that they take their obligations very seriously and would like to apologise yadda yadda yadda.... The important point though is that they then say this, "in light of these issues identified we will not pursue court proceedings to recover this debt" but " this does not affect my payments in respect to the loan; the loan is still in default and my agreed repayments are still due". They then ask if i would like a notice of correction put onto my credit file to state that they will not take legal action. It has another sheet of paper where i have to sign and send back to Nationwide saying I am ok for the notice of correction, and i agree to the wording, the wording being this: " Please note that this default relates to an agreement which the creditor considers to be unenforceable"

Is this a win for me here? Is this some kind of ploy to get me in contact with them? I hasten to add that they have still not provided a CCA request for this loan, and it is now with the Wescot plums.

Any advice on this is much appreciated

Sorry for the long message!

Thanks
Brussel

[Brusselsprout]

If/when they start calling you can always send them the Telephone Harassment letter.

Yep, I have those ready to send thanks...

[Still Waving]

If/when they start calling you can always send them the Telephone Harassment letter.

[Brusselsprout]

buy a call blocker phone like many of us - remember the Tune Silence is Golden?

I think I am gonna have to yes Thanks

[The Tech Clerk]

buy a call blocker phone like many of us - remember the Tune Silence is Golden?