Start of my unenforceabilty journey

[cymruambyth]

Re: Start of my unenforceabilty journey

2 down 12 to go! As everyone has said keep those letters very safe and fingers crossed for a few more with the same result.

[Joanna Connolly Solicitors]

Re: Start of my unenforceabilty journey

Hello

I've read back through your thread and think you should be feeling a huge sense of relief now that you're taking control of the situation instead of the situation controlling you.

Sending off the CCA Requests is only the beginning of something which may have a happy ending. Even if a credit agreement is 'enforceable' there're are a myriad of other legal reasons why a debt cannot be enforced in court.

You're at the research stage. You need to keep one step ahead of the game to future-proof yourself against any court claim.

So my first suggestion is you should send a Subject Access Request to both MBNA and Barclays because nine of your debts were with those two original creditors (seven with Barclays and two with MBNA). A SAR obliges the creditor to send you absolutely all information they have in their data files. So the one to Barclays should include those 2 x Barclaycard, 3 x Egg and 2 x overdrafts.

A SAR will give you the historical information you may need such as account opening dates, what (if any) credit agreements/application forms are still in existence, and a 'Transaction Log' for each account so you can see when (if ever) a Default Notice was issued and when the account was terminated and assigned to a debt purchaser.

As importantly what's not in the SAR will be useful if/when you are sent any reconstituted documents enabling you to check for 'honesty and accuracy' of any paperwork sent (the favourite part of my job )

This forum has a SAR template letter here > http://forums.all-about-debt.co.uk/s...l=1#post495040

Would you have had PPI on any of these accounts?

Di

[unicorndeva]

Re: Start of my unenforceabilty journey

Thank you, Di, for your response. PPi is under investigation atm.. I applied for it around the same time as I found this forum. Most of these debts have been defaulted according to our credit files, some have already dropped off our credit records . And all except the current accounts have been sent to debt collectors (although 2 are managed by Wescot). Do I still need to apply for Sars? The Largest debt, Natwest, combined my husbands current account with a personal loan and we don't know the amount outstanding for each. I've applied for a CCA on the loan with a statement of account but no answer as of yet... not sure what else to do here. The first loan payment was July 2007. Thank you for your help and time with this.

If I do still need to send a SAR request, do I send it to the debt collector or the original creditor?

[Joanna Connolly Solicitors]

Re: Start of my unenforceabilty journey

Thank you, Di, for your response.

If I do still need to send a SAR request, do I send it to the debt collector or the original creditor?

The SAR needs to be sent to the original creditor. It seems that two SARs will cover nine of your debts so it'll be well worth the £20 investment!

Di

[Joanna Connolly Solicitors]

Re: Start of my unenforceabilty journey

Another update re: PRA Group deeming my Barclaycard account unenforceable. Do I still need to send a copy agreement to Niddy?

That's nice

Which one of your Barclaycard debts is this?

PRA appear to own five ex-Barclaycards of yours in posts # 17 #18 # 19 # 22 and # 25 (assuming the Egg ones became Barclaycard in 2011).

You say PRA have declared it unenforceable but also sent a CCA so maybe it's a good idea to send whatever they sent you to Niddy including the covering letter.

Sometimes those letters say it's currently unenforceable because 14 days have passed but they'll contact you again if/when they get the documents.

Fingers crossed this one is done and dusted.

Di

PS if you can re-quote your Diary post and then add an update each time there's something new it may help to keep track of things. If you follow me!

[unicorndeva]

Re: Start of my unenforceabilty journey

Thanks Di, sorry I'm new to all this and am struggling with how to do things correctly. I have posted updates under the relevant debts but was unsure how you guys would see it without having to troll through everything again. I'll get the hang of it eventually

You mentioned about whether I had requested PPI (which I have). How does this affect things?

[Never-In-Doubt]

Re: Start of my unenforceabilty journey

PRA Group, originally Barclaycard
Credit card
Unsure of start date
£1866.78
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).

CCA request sent Feb 2017

01/05/17 Letter from PRA Group saying they are still awaiting the requested documentation and the account is on hold until they receive it.
03/06/17 Letter from PRA Group enclosing a letter from Barclaycard saying there's a reconstituted copy of the credit agreement including terms attached (but it only looks like the terms are attached and those terms give one address for me on one part and another address for me on another part). PRA Group have said they currently deem the account as unenforceable and then give the usual blurb about how they still have the right to chase it etc.

Hi

This is currently UE as there are just terms, no signed agreement - nothing - just some terms! Therefore you can blag it a while and if they get arsey respond with the Missing PT's template.

However as they have admitted it is UE, just sit tight - do nothing for now. They must come out of default to be able to enforce anything. All good (so far)...

[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?

[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!!

[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

[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

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

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

[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.

[nightwatch]

Re: Start of my unenforceabilty journey

wait and see if they contact you x