Start of my unenforceabilty journey

[Still Waving]

Having cancelled my DMP with Step Change, I wrote to the creditors telling them that we are self managing our debts now and offering token payments of £1 per month 'due to unforseen circumstances'. Barlcays (for two bank accounts) have refused our offer and said they want a full financial statement from us so they can 'assess' our circumstances. I do not want to send them anything but my question is do I have to? Any advise would be greatly appreciated

Only a Court can order you to provide a statement of I&E. Creditors usually try to insist on seeing one before agreeing to accept any offers, so you will likely get similar replies from any other creditors. They would argue that it is a reasonable request. You could anyway continue to pay what you consider is a reasonable amount according to your circumstances. If it came to court both sides could conceiveably argue that their position was reasonable. Is this offer a substantial reduction from what you are currently paying Barclays?

Are you not investigating unenforceability on these accounts? I see in post #63 that at least one of these account is UE, so why are you continuing to pay?.

[unicorndeva]

Having cancelled my DMP with Step Change, I wrote to the creditors telling them that we are self managing our debts now and offering token payments of £1 per month 'due to unforseen circumstances'. Barlcays (for two bank accounts) have refused our offer and said they want a full financial statement from us so they can 'assess' our circumstances. I do not want to send them anything but my question is do I have to? Any advise would be greatly appreciated

[Roger]

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

26/07/17 Letter from Wescot stating that Natwest have withdrawn the account from them.

Natwest have still not responded to the CCA request made in May but the £1 cheque was only cashed on 19th July and now they've withdrawn the account from Wescot. Does anyone have any idea of what this may mean?

Means they are in default of the CCA request and this is UE until they do respond.
File away.

[unicorndeva]

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

26/07/17 Letter from Wescot stating that Natwest have withdrawn the account from them.

Natwest have still not responded to the CCA request made in May but the £1 cheque was only cashed on 19th July and now they've withdrawn the account from Wescot. Does anyone have any idea of what this may mean?

[unicorndeva]

Re: Start of my unenforceabilty journey

Owned by Link, originally Barclaycard
Credit card
Unsure of start date
£1000
Last full payments were in 2010/11
Being paid on a DMP
Defaulted and may not be on our credit file (will have to check).

CCA requested Feb 2017

15/06/17 Letter from Link returning a CCA from Barclaycard which is actually just the T's and C's (no agreement), but it has two different addresses on. Sent to Niddy for checking.

29/06/17 Niddy says it's UE

[unicorndeva]

Re: Start of my unenforceabilty journey

[QUOTE=Diana Mayhew;592676]I agree with NW.

You don't have to write to your creditors because they'll write to you soon enough once they realise they're not getting money from your ex-DMP (have you moved house since you started the DMP?).

No, we're still in the same house... shame!!!

[Joanna Connolly Solicitors]

Re: Start of my unenforceabilty journey

Received confirmation this week that our DMP is now cancelled with SC so we are now running it ourselves. I have to write to the creditors and will be offering minimum payments

I agree with NW.

You don't have to write to your creditors because they'll write to you soon enough once they realise they're not getting money from your ex-DMP (have you moved house since you started the DMP?).

Buy a tin hat, grow a thick skin, and wait for the letters to arrive and the phone to ring off the hook at first.

Each time you get a letter requote your diary post (history) on the forum and someone will guide you what to do or not do.

It'll be noisey at first but it'll soon settle down.

Di

[nightwatch]

Re: Start of my unenforceabilty journey

wait and see if they contact you x

[cymruambyth]

Re: Start of my unenforceabilty journey

1) Why, they are not enforceable, so although they may huff and puff they won't be able to enforce
2) If they haven't supplied an agreement they are not enforceable until they do, so see point 1.

[unicorndeva]

Re: Start of my unenforceabilty journey

Received confirmation this week that our DMP is now cancelled with SC so we are now running it ourselves. I have to write to the creditors and will be offering minimum payments as I have had very little work this year (am self employed). My questions are:

1) Do I bother writing to those creditors who have provided unenforceable CCA's?
2) Do I bother writing to creditors who have not provided CCA's yet?

I don't want to acknowledge any debts if I'm going to try for statute bar but I'm a bit hazy on what constitutes acknowledging the debt.

Thanks

[Joanna Connolly Solicitors]

Re: Start of my unenforceabilty journey

I haven't sent the SAR yet as I was going to wait until we find out if we're owed any PPI... or should we just go ahead and send it anyway?

I would send the SAR now.

PPI will become a sideshow, the SAR is for historical information on all your debts which you will need if any debt purchaser issues legal proceedings where time is of the essence to respond. SAR responses can take 40 days or even longer if they mess you around demanding proof of address and signature etc.

Di

[unicorndeva]

Re: Start of my unenforceabilty journey

That sounds like Barclaycard have sent PRA the wrong agreement (someone else's) so it doesn't really matter if it's got all the right prescribed terms or Ts & Cs because they'll not be applicable to you will they

Don't write back and tell them that obviously, but be aware if/when the penny drops they may get hold of the correct credit agreement.

Have you sent the SAR to Barclays as I suggested in an earlier post?

Di

I haven't sent the SAR yet as I was going to wait until we find out if we're owed any PPI... or should we just go ahead and send it anyway?

[Joanna Connolly Solicitors]

Re: Start of my unenforceabilty journey

10/06/17 Letter from PRA group enclosing a credit agreement from Barclaycard/Egg which is actually just the T's and C's (no copy agreement attached) and it is also for the incorrect person - same name as my OH but a completely different address in a town that neither of us have ever visited let alone lived in. PRA group have deemed it unenforceable until further info is received... do I just file away?

That sounds like Barclaycard have sent PRA the wrong agreement (someone else's) so it doesn't really matter if it's got all the right prescribed terms or Ts & Cs because they'll not be applicable to you will they

Don't write back and tell them that obviously, but be aware if/when the penny drops they may get hold of the correct credit agreement.

Have you sent the SAR to Barclays as I suggested in an earlier post?

Di

[Roger]

Re: Start of my unenforceabilty journey

Owned by PRA Group original creditor, Egg
Credit card
Unsure of start date
£6100
Last full payments were in 2010/11
Being paid on a DMP
Defaulted and may not be on our credit file (will have to check).

CCA request Feb 2017

Letter from PRA group saying they're still awaiting requested info and the account is on hold until they receive it.

10/06/17 Letter from PRA group enclosing a credit agreement from Barclaycard/Egg which is actually just the T's and C's (no copy agreement attached) and it is also for the incorrect person - same name as my OH but a completely different address in a town that neither of us have ever visited let alone lived in. PRA group have deemed it unenforceable until further info is received... do I just file away?

Send whatever they have sent to Niddy!!

[unicorndeva]

Re: Start of my unenforceabilty journey

Owned by PRA Group original creditor, Egg
Credit card
Unsure of start date
£6100
Last full payments were in 2010/11
Being paid on a DMP
Defaulted and may not be on our credit file (will have to check).

CCA request Feb 2017

Letter from PRA group saying they're still awaiting requested info and the account is on hold until they receive it.

10/06/17 Letter from PRA group enclosing a credit agreement from Barclaycard/Egg which is actually just the T's and C's (no copy agreement attached) and it is also for the incorrect person - same name as my OH but a completely different address in a town that neither of us have ever visited let alone lived in. PRA group have deemed it unenforceable until further info is received... do I just file away?