Start of my unenforceabilty journey

[Roger]

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.

Here -> https://www.all-about-debt.co.uk/for...ca-information

[unicorndeva]

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

23rd Oct 2017 - Letter from NatWest admitting the debt is unenforceable but asking us to pay anyway. I'll guard this with my life!

[Susiebling365]

23rd Oct 2017 - Letter from NatWest admitting the debt is unenforceable but asking us to pay anyway. I'll guard this with my life!

That is brilliant!! I love reading those posts and especially when it is from a company we are dealing /dealt with ...Well done you

[vaper]

Do you know why it's unenforceable? It just that its post 2007 dated and I didn't think they'd admit to anything past that date.
Well done though, I'm pleased for you

[nightwatch]

Do you know why it's unenforceable? It just that its post 2007 dated and I didn't think they'd admit to anything past that date.
Well done though, I'm pleased for you

they have combined the loan and an overdraft, shouldn't be done,

[vaper]

Ah thanks. I'm still learning

[unicorndeva]

Do you know why it's unenforceable? It just that its post 2007 dated and I didn't think they'd admit to anything past that date.
Well done though, I'm pleased for you

They were unable to provide us with an agreement so I assume that's why it's unenforceable

[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.

1st Nov 2017 - Letter from Arrow confirming that they are unable to provide a copy agreement and that they will no longer be chasing the debt!

[vaper]

Wow ......... Carry on

[Still Waving]

Nice result. Bet you are pleased.

[unicorndeva]

Nice result. Bet you are pleased.

Very pleased... so far only one of the debts is definitely enforceable. I'm about to do the letters to Barclay re: the overdrafts.

I cannot believe the help that we've had from this forum which has potentially saved us thousands and given us our lives back.

Thank you so much everyone

[Joanna Connolly Solicitors]

1st Nov 2017 - Letter from Arrow confirming that they are unable to provide a copy agreement and that they will no longer be chasing the debt!

What great news!

That's two so far - let's hope there are more to come

Di

[unicorndeva]

Daina Mayhew: '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 )'

I have received back SARS for both myself and my husband from Barclays. My SARS is not including any letters sent from both myself to Barclays and visa versa... do I question this with them? I was specifically looking for default letters as the default date is incorrect on my credit report and I wanted to get it amended so that it drops off my report sooner.

[Joanna Connolly Solicitors]

I have received back SARS for both myself and my husband from Barclays. My SARS is not including any letters sent from both myself to Barclays and visa versa... do I question this with them? I was specifically looking for default letters as the default date is incorrect on my credit report and I wanted to get it amended so that it drops off my report sooner.

Consider the possibility that they never issued a Default Notice which is why it’s not showing up in your SAR.

This could be good news not bad news

Barclaycard had a habit of registering defaults very late (sometimes over a year after the borrower should have been defaulted). How late do you believe the Default was registered? And what makes you think the date is wrong ?

While it’s nice to see defaulted accounts vanish from your CRA file it may not always be wise to raise challenges with the original creditor if it’s not vital. Maybe leave things as they are until you get close to Statute Barred or when all the other files have gone and this is the only one left.

Di

[unicorndeva]

Consider the possibility that they never issued a Default Notice which is why it’s not showing up in your SAR.

This could be good news not bad news

Barclaycard had a habit of registering defaults very late (sometimes over a year after the borrower should have been defaulted). How late do you believe the Default was registered? And what makes you think the date is wrong ?

While it’s nice to see defaulted accounts vanish from your CRA file it may not always be wise to raise challenges with the original creditor if it’s not vital. Maybe leave things as they are until you get close to Statute Barred or when all the other files have gone and this is the only one left.

Di

Thanks for responding Di! They are showing as defaulted in Sept and Nov 2012 but should show April 2012 which is only a few months difference... my husbands SAR had a copy of the default letter for his which is April 2012 (still nearly a year after we went on a DMP). I'm more interested in the fact that there are no copy letters at all in my SAR when I know for a fact that letters were exchanged for other stuff (including me requesting help re: hardship etc which was denied)... can this lack of letters be 'used' for anything? They definitely have not provided all the information they're supposed to in response to the SAR. Thanks