Moby's UE diary

[Never-In-Doubt]

Re: Moby's UE diary

Hi Niddy. Just checking you got my email with the CCA attached.

Moby.

This is unenforceable assuming you received the exact forms that you sent me, ie blank? The thing is, this recent judgment comes into play with this:---> CABOT UK LTD v BACHELLIER [2010]

I'd respond with the following: ---> CCA Query - Missing Prescribed Terms

But you can consider this 100%

Well done

[MobyUK]

Re: Moby's UE diary

Many thanks Niddy. "Missing prescribed terms" letter sent today.

I was wondering, is it possible to avoid the credit record default by still paying the monthly payment while the UE process is going through or does that muck everything up? It may sound like a stupid question but someone I know who used one of the companies that do UE for you advised him to carry on paying while the process was progressing.
Not sure how it turned out though.

[Never-In-Doubt]

Re: Moby's UE diary

Many thanks Niddy. "Missing prescribed terms" letter sent today.

I was wondering, is it possible to avoid the credit record default by still paying the monthly payment while the UE process is going through or does that muck everything up? It may sound like a stupid question but someone I know who used one of the companies that do UE for you advised him to carry on paying while the process was progressing.
Not sure how it turned out though.

Well it's up to you if you continue to pay - ultimately if its only one account then yea, preserve the credit rating but regardless, if you consider UE then you'll get a default - they can and will issue one as per McGuffick v RBS (check our case law section for the judgment)....

So, only you know the answer as to whether you need to preserve your credit file - i'd never suggest doing UE on one account. It's usually the last resort for those in dire financial straits. NOT a get out of debt quick scheme....

[MobyUK]

Re: Moby's UE diary

I just found this webpage LINK which could be a little worrying. It seems to be suggesting that even if the agreement is unenforceable, you still owe the money ad infinitum. Does that negate the 6 year idea and suggest that the debt may never be written off? OFT1266 linked at the bottom of the page explains more.
Sorry if I seem to be being negative. It is a minefield of a subject.

[Never-In-Doubt]

Re: Moby's UE diary

I just found this webpage LINK which could be a little worrying. It seems to be suggesting that even if the agreement is unenforceable, you still owe the money ad infinitum. Does that negate the 6 year idea and suggest that the debt may never be written off? OFT1266 linked at the bottom of the page explains more.
Sorry if I seem to be being negative. It is a minefield of a subject.

Don't worry, the object is to avoid repayment for 6 years afterwhich it becomes statute barred.

The OFT have no influence of UE - only a court can decide on it.

It is all explained here: ---> A Full Guide to Unenforceability