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  • Using Unenforcable status to negotiate a low settlement

    Hi all,

    I've spent a long time looking over various posts regarding UE but I'm still unsure what my next step should be and wonder if someone wouldn't mind advising... ?

    I have been on a DMP for 10 years (they no longer charge me as I reached the limit). I have debt of around £25k over 5 creditors, 3 of which turn out to be unenforceable. I am trying to save up to negotiate a settlement to the large enforceable one of £18k but am not exactly sure what to do about the unenforceable debts. I can't simply ignore them can I? I've been reliably paying via the DMP for years and have also tried every year to negotiate a settlement - I've settled two. All but one have fallen off my credit file (the one left over should have gone too as it's as old as the others, but that's another problem and is a fairly small amount). I don't own a house but I do live with my partner in a small village. I don't want to risk bailiffs or harrassment so am nervous to just stop paying and start ignoring the UE debts. And a large part of me also thinks I should pay something.

    Has anyone had any luck using the fact that a debt is UE to negotiate a very small settlement? Is there a template for this by any chance?

    Any advice gratefully received.

    Many thanks in advance.

  • #2
    Hi and thanks for starting your new thread. I will have a look in the morning as will others and give you various options and ideas. Do not worry about bailiffs or anyone finding out about your situation - I have been fighting for over 15 years ( a lot of mistakes were made before I found AAD) and as far as I am aware no one other than my husband is aware of what has gone on.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      You hav3 to decide what action you want to take. Some creditors will accept offers, but often not as low as you would like. If your accounts are with a DCA then they sometimes accept offers because they have usually bought the debts for pennies.

      Your best way forward is to set up a diary with an entry for each account and what has happened to them. If you follow the format in post 2 posters will understand what is happening. How do you know that your biggest debt is enforceable and donít forget that there can be many other errors in the way that they have been handled that will also make them UE in court. In the letter template section there are posts on trying to reach settlements.

      As for ignoring debts, we tend to have a paper trail tha5 covers you without admitting to anything. If you read through the diaries you will see how many people have reached the 6 years of statute barred without paying anything. You are taking control by coming on here, so please try not to worry (always easier to say than do) and post any questions that you may have,
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment


      • #4
        Originally posted by SarahSarah View Post
        I have been on a DMP for 10 years (they no longer charge me as I reached the limit). I have debt of around £25k over 5 creditors, 3 of which turn out to be unenforceable. I am trying to save up to negotiate a settlement to the large enforceable one of £18k but am not exactly sure what to do about the unenforceable debts.

        . . . I don't want to risk bailiffs or harrassment so am nervous to just stop paying and start ignoring the UE debts.

        Hello SarahSarah

        I've just read your thread for the first time.

        I can see you have two debts which you believe may be enforceable so you're looking to negotiate a Full and Final settlement on those ones.

        May I ask why you think they may be enforceable? Did you send the debt owner a s 77-79 CCA Request and did they produce documentation which you were told was compliant?

        There are many more reasons why a debt may be unenforceable not just the credit agreement, such as a 'bad' Default Notice, or assignment issues (have either of these been sold on?), or non compliance with other statutory obligations such as Notice of Sums in Arrears (s 86) etc.

        I'm pleased to see that your DMP provider is no longer charging you to process your payments after ten years, but have they done everything correctly? Are they offering to negotiate these F & F settlement for you and charging a fee for that?

        Read this link on the CAB website to see whether you have any reason to complain and recover some of what you've paid them > https://www.citizensadvice.org.uk/de...fees-too-high/

        Was there PPI on any of these five debts?

        You won't risk bailiffs coming to your home unless these creditors first obtain a County Court Judgment against you so you're a long way off that!

        The way forward is to establish your legal positon so you can make an informed decision on your options. Knowledge is power especially when it comes to negotiating.

        Di
        Legal Disclaimer

        I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

        Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

        Comment


        • #5
          Maybe it would make sense to treat this thread as your Diary which I suggested when you posted on someone else's Diary here (that way you'll get bespoke help) >


          Originally posted by SarahSarah View Post
          I am trying to wade through all this info to see what I'd be in for if I try to do the whole unenforceable dance... Your situation sounds very similar to mine so I wonder, have you actually had any debts written off yet? Any successful settlements? I see that some of them have been passed on but the chain of events restarts, right? I've been on a DPM for 10 years and the thought of ceasing that to start a life of harrassment doesn't fill me with glee... ! Would love your thoughts on your journey thus far...

          Originally posted by Diana Mayhew View Post


          Hello Sarah

          I completely understand your nervousness at stopping a DMP after years of peace and quiet. It won't necessarily become a life of harassment, anyway there's a forum template letter to send which soon stops that!

          Why not start a Diary or continue with with one of the threads you've already started and it can be renamed your Diary. You'll get plenty of help and support from forum members each step of the way.

          Just make a separate post for each of your five debts using this format >
          • Type of account (credit card/loan/overdraft/catalogue)
          • Date commenced (ideally before April 2007)
          • Approx balance
          • Date last paid (approximate date you last made a FULL payment)
          • Are you on arrangement or not paying
          • Status (default/in arrears/up-to-date)
          • Account owner (who is writing to you, a DCA, the original lender or a debt purchaser)


          If you read this link you'll see how things work > https://www.all-about-debt.co.uk/for...-read-me-first


          Hopefully you'll have read the many Happy Endings on other members' Diaries which will help you to take the first step.

          Di


          Legal Disclaimer

          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

          Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

          Comment


          • #6
            Thanks Di, I will definitely do that. Thanks so much... stay tuned!

            Comment


            • #7
              Hi Di, couldn't rename my thread so have reposted (SORRY!) here:
              Hi all, Apologies for starting a new thread, I couldn't rename the last one as a diary. I've spent a long time looking over various posts regarding UE but I'm still unsure what my next step should be and wonder if someone wouldn't mind advising... ? I have been on a DMP for 10 years (they no longer charge

              Comment


              • #8
                Originally posted by SarahSarah View Post
                Hi Di, couldn't rename my thread so have reposted (SORRY!) here:

                Don't worry I've found you

                What a great way to start the week. You've now taken control of your debts instead of them controlling you!

                Di
                Legal Disclaimer

                I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                Comment

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