Start of my unenforceabilty journey

[unicorndeva]

Re: Start of my unenforceabilty journey

Just gone through some old paperwork and found out that the Natwest loan was taken out in July 2007 (bad luck there as this is out largest debt!).

I paid for Experian for one month to see if they had start dates for the debts. They don't but they do have age of debts! Are Experian reliable for these dates? If so, all of the other debts are pre April '07.

Can I ask some advice please? Do you feel going down the UE route is right for us (considering we have a fair bit of equity in our house) or should we consider a different way? Many thanks

[JLC]

Re: Start of my unenforceabilty journey

I have a lot of equity in my home but only one of my debts are enforceable. I think the difference is, though, that my debts are mine and my house is joint with my husband who has no debts. My husband is retiring in September which means we will pay off our entire mortgage so my house will have 100% equity.

[unicorndeva]

Re: Start of my unenforceabilty journey

Thanks Nightwatch, for your words of encouragement!!!
By the time we went for the DMP 6 years ago I was holding down 5 jobs (I'm self employed so they were 5 different contracts) and bringing up 4 children pretty much on my own as OH was working in the US because it paid more. Gradually the severe stress I was under caused me to get depression and anxiety which has led to type 2 diabetes and high blood pressure. I'm not able to work much any more because of extreme tiredness and brain fog. I know we are at fault for taking out so much debt but the creditors have to shoulder some of the blame for lending us so much, surely? Especially the Natwest who used my husbands overdraft as a reason to phone him and sell him yet another loan (I think that loan is one of our youngest debts). Anyway, I'm a bit stronger now and ready to do whatever it takes to not pay another penny to them!

'Never in Doubt' mentioned on another thread that UE may not be the right way to go for us (we have a lot of equity in the house) so I was wondering if any of you guys would give your opinions as to whether we should go down this route and if not, what our options are? I just want to steam ahead with going self managed etc while my head is in the right place.

[nightwatch]

Re: Start of my unenforceabilty journey

Thanks for starting your Diary, hubby and I had 20 diffrent debts between us so don't worry how many you have. we are here to help not judge.

when I found this site I was so worried about the amount of debt we were in, I had been doing a self managed repayment plan , but was starting to be threatened with alsorts of things by a couple of DCA companys, even though I was paying what we could afford.
I was working all hours to try and pay them off, came here sent of for the CCA's, turns out most of our debts were UE and havent been paid since, lot's of letter ping pong, but I just file it away,
any problems and there is always someone here that will help.
good luck in your journey NW

[unicorndeva]

Re: Start of my unenforceabilty journey

financial hardship and unaffordable lending - Financial Ombudsman

www.financial-ombudsman.org.uk › publications › online technical resource


is what I am refering to possible:-

That's interesting! My problem though, is that we may not have the necessary information to pursue this route as we've lost a lot of paperwork?

[The Tech Clerk]

Re: Start of my unenforceabilty journey

14 different debts/// or am I seeing double? case of failure to check out applicants file and debts listed by some of these creditors?

financial hardship and unaffordable lending - Financial Ombudsman

www.financial-ombudsman.org.uk › publications › online technical resource


is what I am refering to possible:-

[unicorndeva]

Re: Start of my unenforceabilty journey

14 different debts/// or am I seeing double? case of failure to check out applicants file and debts listed by some of these creditors?

15 if you take the Natwest one as overdraft and loan (the loan people phoned up and offered it to us - we didn't seek it out, and we were already in considerable debt when they did phone). But remember these are 'spread' between two people!

[Pixie]

Re: Start of my unenforceabilty journey

14 debts isn't unusual.

Thank you for setting out your debts individually unicorndeva. It might be an idea to go back and edit your posts to put the original creditor at the top of each post (as in my diary) as it will make them easier to refer to.

[The Tech Clerk]

Re: Start of my unenforceabilty journey

14 different debts/// or am I seeing double? case of failure to check out applicants file and debts listed by some of these creditors?

[unicorndeva]

Re: Start of my unenforceabilty journey

Hope I've done this correctly?

[unicorndeva]

Re: Start of my unenforceabilty journey

Owned by Barclays
Overdraft
Unsure of start date
£320
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).

[unicorndeva]

Re: Start of my unenforceabilty journey

Owned by Barclays
Overdraft
Unsure of start date
£670
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).

[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.

[unicorndeva]

Re: Start of my unenforceabilty journey

Owned by Cabot, originally Sainsbury's bank
Credit card
Unsure of start date
£1180
Last full payments were in 2010/11
Being paid on a DMP
Defaulted

CCA requested Feb 17
Letter from Cabot saying they have not been able to provide the requested information within the relevant time period and that the credit agreement is currently unenforceable...yay! I'll just file this away!

[unicorndeva]

Re: Start of my unenforceabilty journey

Owned by NCO-Arrow/Capquest, originally Empire stores
Catalogue
Started in 1998
£1900
Last full payments were in 2010/11
Being paid on a DMP
Shown by Arrow as being satisfactory???

CCA request Feb 201
23/5/17 Letter from Arrow saying they're still awaiting the requested info.