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Start of my unenforceabilty journey

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  • Start of my unenforceabilty journey

    So, in February I sent out CCA requests to all of our creditors. So far two have responded with copy agreements: Both are...

    Credit cards
    One commenced in 1994 and one in 2006 (my husbands)
    Mine has about 1700 (the 1994 one), husbands has about 7200
    Last full payments were in 2010/11
    Being paid on a DMP
    Both defaulted and may not be on our credit file (will have to check).
    Owned by Link


    I did send the copy agreements over to you guys yesterday to see if they are enforceable or not (I'm hoping not).
    I've posted out letters today chasing up the other creditors but am wondering if this is the correct thing to do?
    Sorry I am new at this and didn't even know about enforceabilty until I looked at another forum.
    Thanks for all your help

  • #2
    Re: Start of my unenforceabilty journey

    Hi and welcome, usually we wouldn't chase up anything because as long as they haven't replied they are in default .Don't be concerned though xxxx
    Could you send the ones you have to Niddy the site owner to take a look for you puttng your username in then title, no need to block anything out it's secure.

    webmaster@all-about-debt.co.uk good luck.
    if you do it today and you like it you can always do it again tomorrow


    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Re: Start of my unenforceabilty journey

      We are currently in the process of going self managed. Do we pay anything at all to the ones that haven't responded?

      Also, I posted the agreements using the tools on this site which set up a separate thread for them... is that ok for Niddy to pick up or do I need to send it somewhere else? Sorry I'm not very tech savvy!

      Comment


      • #4
        Re: Start of my unenforceabilty journey

        Hi and welcome to AAD. You have started this thread in the UE diary section. You need to read different threads to see how others have dealt with their journeys. You will see that there is a format to lay out each debt in a different post so that you keep all the information together.
        As nanna has said we follow a set routine using the letters on the site which have been written to cover all legal areas.

        You say that you are going to self manage - why? Are you going to to continue paying or trying for UE? I self managed and then went UE, but kept on paying the 'nice' companies that didn't hassle me; as a consequence even though all my debts have left my credit file I am still fighting a couple whereas the companies that caused me problems have all gone!
        When you receive paperwork post here for guidance. As for the agreements that you have received, as nanna has said send them to webmaster@all-about-debt.co.uk without any of the details removed and with a link to this thread.

        Good luck
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #5
          Re: Start of my unenforceabilty journey

          We are going self managed to give us more control over the debts. I've recently not been able to work due to stress so was going to put all the creditors on token payments but do I even need to pay the token amounts if the creditors are in default for not supplying CCA's?

          All the help you guys give is amazing... I would have just blindly carried on paying (with an end date well into retirement) without even knowing about half of the things on this website... you've given me a lifeline!!!

          Comment


          • #6
            Re: Start of my unenforceabilty journey

            Just remember that if a legally compliant request with 1 is delivered and they do not supply a CCA then the debt cannot be enforced until it is supplied.
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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            • #7
              Re: Start of my unenforceabilty journey

              I sent cheques for 1 with each of the requests but most of them have said they won't take the 1 as a gesture of goodwill. Does it still stand as legally compliant even if they haven't taken the 1?

              Comment


              • #8
                Re: Start of my unenforceabilty journey

                Originally posted by unicorndeva View Post
                I sent cheques for 1 with each of the requests but most of them have said they won't take the 1 as a gesture of goodwill. Does it still stand as legally compliant even if they haven't taken the 1?
                If you sent the 1, and you have a letter from them which confirms that they had it, then it doesn't matter if they return the cheque, they are still bound to act on your request.

                I am assuming that they have said they will, despite not taking your payment ??

                Comment


                • #9
                  Re: Start of my unenforceabilty journey

                  Originally posted by Still Waving View Post
                  If you sent the 1, and you have a letter from them which confirms that they had it, then it doesn't matter if they return the cheque, they are still bound to act on your request.

                  I am assuming that they have said they will, despite not taking your payment ??
                  I think they've
                  all said they would waive the 1

                  Comment


                  • #10
                    Re: Start of my unenforceabilty journey

                    Originally posted by unicorndeva View Post
                    I think they've
                    all said they would waive the 1
                    Keep any letter which acknowledges that they received your payment, whether or not they waive the fee.

                    Comment


                    • #11
                      Re: Start of my unenforceabilty journey

                      If only you'd found us back when you stopped making full payments your debts would be SB (or very close to it) by now

                      Only you and your OH can decide what to do but if it were me I'd stop any payments to them.
                      Let your smile change the world but don't let the world change your smile


                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment


                      • #12
                        Re: Start of my unenforceabilty journey

                        Originally posted by Pixie View Post
                        If only you'd found us back when you stopped making full payments your debts would be SB (or very close to it) by now

                        Only you and your OH can decide what to do but if it were me I'd stop any payments to them.
                        I know what your saying but hey ho, I've found you now and maybe in 6 years time all the debts will be statute barred!!!
                        On that note, does the 6 years start from the last time I contact them? I'm not sure how it all works.

                        Comment


                        • #13
                          Re: Start of my unenforceabilty journey

                          Statute barred is from the date you last acknowledge the debt either by payment or communication. All our template letters are written so that the debt in not acknowledged.
                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                          Comment


                          • #14
                            Re: Start of my unenforceabilty journey

                            So here goes with all of our debts:

                            Owned by Natwest, managed by Wescot
                            Bank loan and overdraft (combined by creditor for the DMP)
                            Loan commenced in July 2007, overdraft bank account commenced in the 1980's
                            18800 outstanding
                            Last full payment in 2010/11
                            Being paid on a DMP
                            Defaulted


                            CCA request sent end of Feb 2017. Wescot wrote back advising us to request it from Natwest direct.
                            New CCA request sent 15th May 2017
                            Last edited by unicorndeva; 19th May 2017, 14:02.

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                            • #15
                              Re: Start of my unenforceabilty journey

                              Owned by Cabot original creditor NRAM
                              Bank Loan
                              Commenced 2005
                              13400 outstanding
                              Last full payments were in 2010/11
                              Being paid on a DMP
                              Defaulted

                              CCA request Feb 2017
                              Letter from Cabot saying 'Northern Rock are unlikely to be able to provide the requested documentation. Therefore, I can confirm that Cabot have taken the decision to no longer pursue collection on this account. However the debt still remains.'
                              Does this mean they will sell it on and if so what do I do?

                              Last edited by unicorndeva; 1st June 2017, 17:23.

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