Originally posted by mauijim
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Hi Marling 
As Niddy is always mega busy I thought I would try and explain the process of UE and very simple terms so you can understand it. I am just a layman like you and I'm also following the UE route so this is how I have been dealing with things. If there are any glaring errors, hopefully there won't be, then some of the mods will correct them.
UE is about us as consumers looking to use the laws of the consumer credit act to our advantage. It is not illegal, we are simply using the legal framework to fight back. I won't pretend to know the laws, Niddy and his crew handle that bit.
If you choose the UE path then basically you are asking the creditor to provide paperwork that legally enforces the debt. Quite simply, if they cannot provide paperwork that legally enforces the debt they cannot pursue you thought the courts to recover the money. They can register the debt with the credit reference agencies so your credit file will be shot to pieces. However, let's face it you probably knew that anyway. That is a brief summary of how it works. There will always be legal arguments and nuances that must be accounted for and Niddy will always make you aware of them.
So with the above in mind here is what you do and what you expect.
You send a CCA request to the owner of the debt. That could be the original creditor or the DCA chasing you. The DCA is responsible for supplying the CCA but many duck this and ask you to write to the original creditor. You have already experienced this so write to the original creditor.
You then wait for them to provide the CCA within 14 days. If they do not reply then they are in default and the ball is in their court to act next. You have reasonably asked for relevant paperwork and they are legally obliged to provide it.
So now they either provide something or they don't. If they provide something you let Niddy examine it and he will say if he deems it enforceable or unenforceable and will advise your next move. If they send nothing then the account remains in default and you do nothing but wait for them to reply. Basically you don't remind them about the account but if they start to chase you, show Niddy and the crew what they have sent and the correct advice on your next move will be given.
The account will be taken out of default if they subsequently provide a CCA prior to the debt being statute barred (6 years in England and 5 years in Scotland). When they send you something, then let Niddy see it and heed his advice.
Ultimately, only a judge can deem something enforceable or unenforceable but the aim of using UE is to find sufficient legal doubt on dubious cases that means a creditor would not risk court proceedings. I have learned the hard way that once you get before a judge anything can happen...oh and it gets expensive.
Some will be blatantly UE and so they are highly unlikely to get off the starting block. If they are dubious then listen to Niddy and the crew and they will advise on the correct response.
Creditors must act within the legal framework of the Consumer Credit Act and Niddy is advising you if in his opinion they are doing so. It becomes a game of legal tennis and you MUST be guided by Niddy and his crew. If the creditor is not working within the framework of the act then Niddy will tell you and then you are in the driving seat. They can make all sorts of wild and woolly threats but they will just remain as threats.
I hope that helps and that I have not missed anything or made some blatant errors. I am sure the mods will edit any errors and I'll get a
As Niddy is always mega busy I thought I would try and explain the process of UE and very simple terms so you can understand it. I am just a layman like you and I'm also following the UE route so this is how I have been dealing with things. If there are any glaring errors, hopefully there won't be, then some of the mods will correct them.
UE is about us as consumers looking to use the laws of the consumer credit act to our advantage. It is not illegal, we are simply using the legal framework to fight back. I won't pretend to know the laws, Niddy and his crew handle that bit.
If you choose the UE path then basically you are asking the creditor to provide paperwork that legally enforces the debt. Quite simply, if they cannot provide paperwork that legally enforces the debt they cannot pursue you thought the courts to recover the money. They can register the debt with the credit reference agencies so your credit file will be shot to pieces. However, let's face it you probably knew that anyway. That is a brief summary of how it works. There will always be legal arguments and nuances that must be accounted for and Niddy will always make you aware of them.
So with the above in mind here is what you do and what you expect.
You send a CCA request to the owner of the debt. That could be the original creditor or the DCA chasing you. The DCA is responsible for supplying the CCA but many duck this and ask you to write to the original creditor. You have already experienced this so write to the original creditor.
You then wait for them to provide the CCA within 14 days. If they do not reply then they are in default and the ball is in their court to act next. You have reasonably asked for relevant paperwork and they are legally obliged to provide it.
So now they either provide something or they don't. If they provide something you let Niddy examine it and he will say if he deems it enforceable or unenforceable and will advise your next move. If they send nothing then the account remains in default and you do nothing but wait for them to reply. Basically you don't remind them about the account but if they start to chase you, show Niddy and the crew what they have sent and the correct advice on your next move will be given.
The account will be taken out of default if they subsequently provide a CCA prior to the debt being statute barred (6 years in England and 5 years in Scotland). When they send you something, then let Niddy see it and heed his advice.
Ultimately, only a judge can deem something enforceable or unenforceable but the aim of using UE is to find sufficient legal doubt on dubious cases that means a creditor would not risk court proceedings. I have learned the hard way that once you get before a judge anything can happen...oh and it gets expensive.
Some will be blatantly UE and so they are highly unlikely to get off the starting block. If they are dubious then listen to Niddy and the crew and they will advise on the correct response.
Creditors must act within the legal framework of the Consumer Credit Act and Niddy is advising you if in his opinion they are doing so. It becomes a game of legal tennis and you MUST be guided by Niddy and his crew. If the creditor is not working within the framework of the act then Niddy will tell you and then you are in the driving seat. They can make all sorts of wild and woolly threats but they will just remain as threats.
I hope that helps and that I have not missed anything or made some blatant errors. I am sure the mods will edit any errors and I'll get a
cheers and best wishes
marling
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