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Using Unenforcable status to negotiate a low settlement

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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 Forum Moderator and a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of allaboutDEBT Ltd. 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 to abuse@all-about-debt.co.uk or send a message to any of the Forum Site Team. 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 Forum Moderator and a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of allaboutDEBT Ltd. 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 to abuse@all-about-debt.co.uk or send a message to any of the Forum Site Team. 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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      • #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
        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 All About Debt 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

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