Help with Unenforceability [UPDATED 01/2020]

[MisterK]

Re: Help with Unenforceability [UPDATED 09/2015]

I'm already converted Nightwatch, I've seen for myself just how banks have changed over the years and I'm now left with very little trust in them. Banks look after themselves, now it's my turn to do the same. You sum it up well, very useful sermon, thank you.

Julian, I don't really feel a lot of guilt any more. I'm aware what many of the wealthy minority get away with at the expense of the rest of us. If they feel no guilt over tens or hundreds of millions, why should I over tens of thousands. Most of this probably equates to the interest I've paid anyway. It won't be at all difficult to live with any remaining guilt I might have, in fact I'm quite looking forward to it, there's nothing like being prepared and the support team here sounds brilliant. You yourself have been through a very rough patch I think, I'm really sorry this forum wasn't within sight when you most needed it because it can't have been a lot of fun coping with this alone. It's tremendously supportive to be able to read other peoples' stories here and you would have been without that advantage.

Cymru, I have a little roso issue I'm sorting out before I can pull the plug. then I agree about the diary of course and maybe it would be a good idea to move this handful of posts to the diary once I've put on my tin hat. Thanks for your kind wishes, let's hope for a smooth ride, no doubt it'll get choppy at times.

[Grassy_K]

Re: Help with Unenforceability [UPDATED 09/2015]

I'm already converted Nightwatch, I've seen for myself just how banks have changed over the years and I'm now left with very little trust in them. Banks look after themselves, now it's my turn to do the same. You sum it up well, very useful sermon, thank you.

Julian, I don't really feel a lot of guilt any more. I'm aware what many of the wealthy minority get away with at the expense of the rest of us. If they feel no guilt over tens or hundreds of millions, why should I over tens of thousands. Most of this probably equates to the interest I've paid anyway. It won't be at all difficult to live with any remaining guilt I might have, in fact I'm quite looking forward to it, there's nothing like being prepared and the support team here sounds brilliant. You yourself have been through a very rough patch I think, I'm really sorry this forum wasn't within your sights when you most needed it because it can't have been a lot of fun coping with this alone. It's tremendously supportive to be able to read other peoples' stories here and you would have been without that advantage.

Cymru, I have a little roso issue I'm sorting out before I can pull the plug. then I agree about the diary of course and maybe it would be a good idea to move this handful of posts to the diary once I've put on my tin hat. Thanks for your kind wishes, let's hope for a smooth ride, no doubt it'll get choppy at times.

When my life hit the buffers and I ended up in massive debt, the only help offered was "1. What's the minimum you need to exist, 2. Hand over all the rest of your income for the next 11 years."

Did that for about 10 months and got fed up with existing, having no money at all and watching things go wrong in the house or with my car, as they do, and not having enough cash to fix things. Then I found this forum and the light went on.

So far, with the excellent help on offer here, I've defeated Lloyds for over £5k, Link Financial for £1600 and First Credit for about the same, where they've had to crawl away and admit unenforceable. A good few of my other debts have also been found (but not admitted) UE as well. Over 60k in unsecured debt has been whittled down to 27k of enforceable stuff - and they just get token payments, I will be dead before they get their money back, but I might try for a low F&F in a few years if I can. This works, just do it

[Debtfree1ab]

Hi everyone. New to the site but very impressed with all the advice on here. I’m on s self managed DMP and have recently received a reply to one of my Cca requests which looks enforceable to me, but what do I know! Would love if one of the experts could take a look for me?

it was originally an MBNA cc taken out in 2002. Last full payment was October 2012, account defaulted May 2013 and sold to Link in July 2013. Have been paying about £15 each month with the aim of negotiating a F&F in the near future.

Thanks in advance

[nightwatch]

Hi everyone. New to the site but very impressed with all the advice on here. I’m on s self managed DMP and have recently received a reply to one of my Cca requests which looks enforceable to me, but what do I know! Would love if one of the experts could take a look for me?

it was originally an MBNA cc taken out in 2002. Last full payment was October 2012, account defaulted May 2013 and sold to Link in July 2013. Have been paying about £15 each month with the aim of negotiating a F&F in the near future.

Thanks in advance

you need to send It to Niddy for checking, he will be the only one to see it so no need to blank anything out,webmaster@all-about-debt.co.uk

[Debtfree1ab]

Thanks! Have done that now.

[SarahSarah]

Hi NID, I've spent a long time looking over your various posts regarding UE but I'm still unsure what my next step should be and wonder if you 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. 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. 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?!

Many thanks in advance.

[cymruambyth]

Hi Sarah and welcome to AAD. It would be best if you start your own thread in the unenforceable diaries where you can get help tailored to your situation. https://www.all-about-debt.co.uk/for...bility-diaries We can’t tell you what to do, just point out the different options.

What I can say is that there is a lot of activity before you get anywhere near bailiffs turning up. By following the guidance on this site, I like many people have progressed from either a self managed or arranged DMP to being in control of my situation. Please start a new thread and then I and others will try to help you.

Good luck, you have taken a step in regaining control of your financial situation.

[SarahSarah]

Hi Sarah and welcome to AAD. It would be best if you start your own thread in the unenforceable diaries where you can get help tailored to your situation. https://www.all-about-debt.co.uk/for...bility-diaries We can’t tell you what to do, just point out the different options.

Thanks for this. How do I delete it from here? Sorry, can't see that option anywhere...

[cymruambyth]

There isn’t a delete option, here is a link for others to your new thread https://www.all-about-debt.co.uk/for...low-settlement

[terryw]

6 January 2018

Hi All

Newbie here so please be gentle if I make errors.

This is a great site and I am trying to understand everything about unenforceability.

I hope to start a diary and send Niddy copies of replies for his opinion

Up to now I have received one reply (from TSB) with alleged copy agreement. The credit card dates back to the eighties but
the agreement is merely a copy of the terms sent with a replacement card in 2013!

Should I now point this out to them and request the copy of the original agreement as requested?

Thanks in advance



I

[Roger]

6 January 2018

Hi All
Newbie here so please be gentle if I make errors.

This is a great site and I am trying to understand everything about unenforceability.
I hope to start a diary and send Niddy copies of replies for his opinion
Up to now I have received one reply (from TSB) with alleged copy agreement. The credit card dates back to the eighties but
the agreement is merely a copy of the terms sent with a replacement card in 2013!
Should I now point this out to them and request the copy of the original agreement as requested?

Thanks in advance

Don't get involved in a letter ping pong!!
You need to send what they have sent to the CCA S.78 request (did you include the all important £1? ) . to Niddy to check!

Please do start your own Diary see here -> https://www.all-about-debt.co.uk/for...3228#post43228
To help me, to help you, please provide the following information for each account:

• Type of account (credit card/loan)
• Date commenced (ideally before Apr 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 or the lender)

This gives the MODS a background etc to the Debt (there are many reasons for UE not just the Agreement)
We all started as you have!
Good Luck

[terryw]

Don't get involved in a letter ping pong!!
You need to send what they have sent to the CCA S.78 request (did you include the all important £1? ) . to Niddy to check!

Please do start your own Diary see here -> https://www.all-about-debt.co.uk/for...3228#post43228
To help me, to help you, please provide the following information for each account:

• Type of account (credit card/loan)
• Date commenced (ideally before Apr 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 or the lender)

This gives the MODS a background etc to the Debt (there are many reasons for UE not just the Agreement)
We all started as you have!
Good Luck

Many thanks Roger for your prompt and helpful reply.

Unfortunately the link to setting up a new diary thread is coming up as 'invalid thread'

Please let me have another link so that I can begin on a diary

Many thanks

EDIT

I managed to start my diary by another method so please ignore the above

[Catflap11]

Hi everyone. New to the site but trying to clear the last of a number of mistakes made over the years. I had 2 debts with MBNA which were sold to IDEM a number of years ago. The defaults dropped off last year and I submitted CCA request to which I have had a reply for one of the debts (but not the other). The original agreement was signed in 2000 and they have sent me a copy of the signature page and a sheet of the T&Cs telling me it is now enforceable.

I've been paying around £15 a month and the outstanding balance is approximately £1700 and I would like to offer a full and final settlement, would it be possible for one of your experts to take a look at the info I have been sent to see if it is enforceable before I go back to them?

Many thanks in advance

[Roger]

Hi everyone. New to the site but trying to clear the last of a number of mistakes made over the years. I had 2 debts with MBNA which were sold to IDEM a number of years ago. The defaults dropped off last year and I submitted CCA request to which I have had a reply for one of the debts (but not the other). The original agreement was signed in 2000 and they have sent me a copy of the signature page and a sheet of the T&Cs telling me it is now enforceable.

I've been paying around £15 a month and the outstanding balance is approximately £1700 and I would like to offer a full and final settlement, would it be possible for one of your experts to take a look at the info I have been sent to see if it is enforceable before I go back to them?

Many thanks in advance

Send a copy (without redacting ANY information ) to Niddy with a link to your Blog entry https://www.all-about-debt.co.uk/for...60#post1508860
to webmaster@all-about-debt.co.uk

[Catflap11]

Brilliant, thank you