Moby's UE diary

[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

[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

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

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

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

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

Moby.

[Never-In-Doubt]

Re: Moby's UE diary

No need for the reminder. I had a letter from MBNA today.
The letter says:

In response to your request we enclose:
a: A copy of your executed agreement
b: Your up to date terms and conditions
c: A copy of your most recent statement (which shows the state of your account) which has been signed.

Interestingly the copy of the agreement is completely blank except for my name and address at the top. No signatures.

The signature, or lack of it, in itself means little. Can you confirm the type of agreement - ideally, if you could load it here - read this for details: ---> User Guide - Uploading your Documents to the Site!

[MobyUK]

Re: Moby's UE diary

No need for the reminder. I had a letter from MBNA today.
The letter says:

In response to your request we enclose:
a: A copy of your executed agreement
b: Your up to date terms and conditions
c: A copy of your most recent statement (which shows the state of your account) which has been signed.

Interestingly the copy of the agreement is completely blank except for my name and address at the top. No signatures.

[Never-In-Doubt]

Re: Moby's UE diary

Well, still haven't received the CCA. Is there anything I should be doing?

Send the reminder: ---> CCA Reminder

* do it recorded delivery - not special!

[Never-In-Doubt]

Re: Moby's UE diary

Interesting. How long did it take to get to that stage? Also, was it specifically tied up with re-assignment of the debt. Mine is still with MBNA.

Have a read of the thread, it is the judgment alone - ie most older MBNA agreements are dodgy meaning you have a good chance of them not taking any further action....

This was the appeal, ie the final nail in the coffin so it'd been through the whole rigmarole of UE first - many months to reach that stage.....

[Never-In-Doubt]

Re: Moby's UE diary

Hi MK. No, it's not my only debt. I have other credit cards and a mortgage.
The blacklisting does worry me somewhat but we'll see how it goes.

You should list all the debts, as per post 1, so we can offer reasonable and constructive advice. As for the blacklisting as you call it, well you'll get defaulted - that's about it. Means that you'll struggle to change mortgage for 6yrs - that's all - but if it'd take you longer to pay the total debts then you're surely better off, if you see the logic behind it?

[MobyUK]

Re: Moby's UE diary

Well, still haven't received the CCA. Is there anything I should be doing?

[Never-In-Doubt]

Re: Moby's UE diary

The assignment was thrown out ie good. It was s.78 that won it, ie the bad agreement/terms etc

[MobyUK]

Re: Moby's UE diary

I'll read this properly later but just thought I'd share this with you - have a read

http://forums.all-about-debt.co.uk/s...ead.php?t=1695

Interesting. How long did it take to get to that stage? Also, was it specifically tied up with re-assignment of the debt. Mine is still with MBNA.

[Never-In-Doubt]

Re: Moby's UE diary

I'll read this properly later but just thought I'd share this with you - have a read

http://forums.all-about-debt.co.uk/s...ead.php?t=1695