Start of my unenforceabilty journey

[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

[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!!!

[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]

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26/07/17 Letter from Wescot stating that Natwest have withdrawn the account from them.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have still not responded to the CCA request made in May but the £1 cheque was only cashed on 19th July and now they've withdrawn the account from Wescot.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?

[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]

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

[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?.

[nightwatch]

Have you sent/ received CCA's for the Barclay debt's? are these overdrafts?
You don't have to send them anything if you don't want to. only a court can ask for financial information,
But most will say they won't accept £1 without proof that you have no money.Or that you are not frittering it away on flash cars and golfing holidays.

[unicorndeva]

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?.

These two are bank accounts not credit cards or loans so as far as I'm aware are enforceable. We were only paying £5 per month on the Step Change DMP so dropping to £1 isn't a big change for them.

Do I write to them and tell them they aren't having any statements etc, or just leave it until they cave in? I can't pay them anything until they provide me with their bank details.

Thanks for your answers and help!

[Still Waving]

These two are bank accounts not credit cards or loans so as far as I'm aware are enforceable. We were only paying £5 per month on the Step Change DMP so dropping to £1 isn't a big change for them.

Do I write to them and tell them they aren't having any statements etc, or just leave it until they cave in? I can't pay them anything until they provide me with their bank details.

Thanks for your answers and help!

These two are bank accounts not credit cards or loans so as far as I'm aware are enforceable. We were only paying £5 per month on the Step Change DMP so dropping to £1 isn't a big change for them.

Do I write to them and tell them they aren't having any statements etc, or just leave it until they cave in? I can't pay them anything until they provide me with their bank details.

Thanks for your answers and help!

I think I would contact the DMP provider and ask them for the sort code and account details they are paying to in respect of these accounts. If you can get the details, you could start making the payments, and advise Barclays by letter that you have started making payments into a/c no.xxxxxx. Alternatively, if you haven't already, ask Barclays - they shouldn't refuse the information even if they haven't agreed to your offer.

[Roger]

These two are bank accounts not credit cards or loans so as far as I'm aware are enforceable. We were only paying £5 per month on the Step Change DMP so dropping to £1 isn't a big change for them.

Do I write to them and tell them they aren't having any statements etc, or just leave it until they cave in? I can't pay them anything until they provide me with their bank details.

Thanks for your answers and help!

You don't seemed to have created a Diary entry for these two bank accounts.
I think this would be helpful at this moment its difficult to give advice without more details.

[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).

Hi Roger they are both on the second page but I'll post them here too.

[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).

2nd bank account

[Roger]

My apologises.
AAD doesn't render properly in my browser at the moment.
There is a Letter to send out for Current Accounts. Perhaps some kind person could find it for you.
I would send that before paying even a 1p

[unicorndeva]

Roger, no need for apologies. I'm just grateful for all the help given on this site! I would be interested in that template though. Barclays have been the worst creditor by far and I'd really like to stick it to them.