Help with Unenforceability [UPDATED 01/2020]

[F19FOX]

Hello NID,

I've just come across your site and I've spent the past hour or so trying to familiarise myself with how it all works. I think I'm getting there

To cut a long story short I have recently written off to all my OCs / DCAs to request copies of my CCAs. There are six in total. Two have responded just acknowledging my request, one has actually supplied me with a copy of my CCA and the other three I have heard nothing from.

I wrote to them all on the 27th April 2018 - so over the 12 days I believe that they should respond within??

I have a couple of questions that I'm hoping you can help me with please:

1. Is the CCA I have been sent enforceable?
2. What should I do whilst I am waiting for the others to reply? Should I write to them again? - note I did not send them recorded delivery so I cant be sure they received them
3. I also have an overdraft debt. Is there anything similar to requesting a CCA with a view to seeing if it's enforceable for that or not?

All seven of my debts are defaulted and I am paying token payments of £1 to each every month.

Thank you

[Joanna Connolly Solicitors]

I have recently written off to all my OCs / DCAs to request copies of my CCAs. There are six in total. Two have responded just acknowledging my request, one has actually supplied me with a copy of my CCA and the other three I have heard nothing from.

I wrote to them all on the 27th April 2018 - so over the 12 days I believe that they should respond within??

I have a couple of questions that I'm hoping you can help me with please:

1. Is the CCA I have been sent enforceable?
2. What should I do whilst I am waiting for the others to reply? Should I write to them again? - note I did not send them recorded delivery so I cant be sure they received them
3. I also have an overdraft debt. Is there anything similar to requesting a CCA with a view to seeing if it's enforceable for that or not?

All seven of my debts are defaulted and I am paying token payments of £1 to each every month.

Hello

You seem to have got off to a good start by sending all those s 77-79 CCA Requests.

However, I note you didn't send your requests by Royal Mail Recorded Delivery so you won't have any proof that you sent them, but cross each bridge as you get to it because a letter acknowledging receipt of your CCA Request may be good enough.

Did you send the £1 statutory fee with each one?

If you get no response from any of them within the time-frame allowed then the debt becomes unenforceable until or unless they do comply. There's no need to send a follow-up letter because ideally you hope that they won't reply/comply. If you chase them then they might just try harder!

There will be loads of questions for you to ask and answer as no two debt scenarios will be the same.

The best way to tackle this situation is to start a Diary thread of your own where you make a new post for each debt using this format >

• Type of account (credit card/loan/overdraft)
• 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 or the 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


I look forward to helping you.

Di

[F19FOX]

Thank you Di for your prompt and helpful reply - much appreciated!

I followed the link you kindly sent me to see how things worked and I read it but I get an error message when I click on the links in there to start my diary thread. I have just sent NID a message to see if he can help me with that.

With regards your question about the £1 statutory fee, yes I did indeed send that to each one as a postal order.

Thanks again and I will start my diary thread as soon as I'm able to post it

[cymruambyth]

Hi and welcome to AAD. Hopefully this link https://www.all-about-debt.co.uk/for...bility-diaries will enable you to start a new thread.

When you have your thread opened send a copy of any agreements that you receive to Niddy (Never in Doubt) with a link to the thread. Do not black out any details as this is totally secure.

[F19FOX]

Thanks Cymruambyth

It worked and I've started my diary thread. I am just in the process as I type of scanning in a CCA I have received from a lender and will send it to Niddy as per your instructions. I will add more to my diaries as events occur. Not sure if I need to add back dated events but am happy to do so if you or anyone else on here would find them helpful.

Thanks once again

[cymruambyth]

That’s a great start and you seem to have covered everything. You need to read some of the other diaries to see how people have dealt with their situation and to get an idea of what is in front of you if you decide to go down he unenforceable (UE) route. Good luck and remember to ask questions as it is the only way that you learn.

[Joanna Connolly Solicitors]

I will add more to my diaries as events occur. Not sure if I need to add back dated events but am happy to do so if you or anyone else on here would find them helpful.

I've replied on your new Diary thread which is now here > https://www.all-about-debt.co.uk/for...fox-s-ue-diary

The backstory of each debt will become important and helpful, not just for the information but also to see the things which didn't happen but should have happened.

Di

[NottySteve]

Hi - I wondered if someone could shed some light on unenforceability please.
I have had a Barclaycard since 1988/89 no idea where any original agreements might be. It started with a low limit and is now over £15k. Rises in the limit were not requested.

I successfully got back PPI on the card a couple of years ago, but I'm getting calls now from a company called The Refund Team that are saying my agreement is unenforceable and I could get all my payments back and balance wiped. Too good to be true so I put the phone down and block their number.

However, curiosity meant I had a look online and there are forums like this discussing the issue, so here's my scenario:
Card has been active since 1988/89
I've got perfect credit score, high balance on the card but not overly worried by it whilst I can make payments
I got PPI back on the card a few years ago
My card doesn't show up on ANY credit report - Experian, Equifax or call credit
My limit has raised automatically over the years without my request.
There was one period of time where the agreement was if I spent at least £50 a month the interest rate would stay at 6.9%. This suddenly ended and I kicked up a stink and they then fixed the rate for life at 6.9%

Question - I assume The Refund Team are just a scam, the call ended when they wanted money to pursue it.
If I were to request my original agreement and they can't, will they just close the account and demand immediate repayment?
if the agreement really is unenforceable, and/or unfair in that I either I had the limit raised without request, or the "spend £50 a month and get lower interest" - is it true that the balance can be wiped?

If life were to take a bad turn for me then I'd be in a right pickle paying it back, but as it stands I can make payments.

Thanks

[The Tech Clerk]

If in doubt stay out, scam

[nightwatch]

Hi - I wondered if someone could shed some light on unenforceability please.
I have had a Barclaycard since 1988/89 no idea where any original agreements might be. It started with a low limit and is now over £15k. Rises in the limit were not requested.

I successfully got back PPI on the card a couple of years ago, but I'm getting calls now from a company called The Refund Team that are saying my agreement is unenforceable and I could get all my payments back and balance wiped. Too good to be true so I put the phone down and block their number.

However, curiosity meant I had a look online and there are forums like this discussing the issue, so here's my scenario:
Card has been active since 1988/89
I've got perfect credit score, high balance on the card but not overly worried by it whilst I can make payments
I got PPI back on the card a few years ago
My card doesn't show up on ANY credit report - Experian, Equifax or call credit
My limit has raised automatically over the years without my request.
There was one period of time where the agreement was if I spent at least £50 a month the interest rate would stay at 6.9%. This suddenly ended and I kicked up a stink and they then fixed the rate for life at 6.9%

Question - I assume The Refund Team are just a scam, the call ended when they wanted money to pursue it. Yes they are trying it on. Also they are being economical with the truth, ie; could get or may get. not "WILL GET" It could also impact your credit rating
If I were to request my original agreement and they can't, will they just close the account and demand immediate repayment? as long as you are paying them the correct ammount they will do nothing OR they may thing you are going to stop payments and remove your 6.9% intrest option
if the agreement really is unenforceable, and/or unfair in that I either I had the limit raised without request, or the "spend £50 a month and get lower interest" - is it true that the balance can be wiped?
No the balance will not be wiped, as for them upping the limit, if you used it it is deemed you agreed to it, you always have the option to tell them you don't want your limit upping

If life were to take a bad turn for me then I'd be in a right pickle paying it back, but as it stands I can make payments.

while you are happy to pay it back why rock the boat. If and when it gets a struggle then call back in and we can point you in the right direction for your circumstances
Best wishes NW

Thanks

note my comments in your post,

[NottySteve]

Thanks for your responses nightwatch - i'll continue to knock back the plethora of calls I get. Very pushy, convincing and confident operators on their phones, and very little web results for The Refund Team so add them to any lists of 'questionable' operators!

[Warwick65]

I think it says everything about the refund team when you discover they have a facebook page but their website doesn't work nor are they registered with the FCA

Many telephone companies offer free blocking services e.g BT do although these people often use spoof phone numbers.

If the credit card i useful and the balance not too much to cope with then credit cards can be very useful. If you stop paying for whatever reason you will get a default register on your credit file and that will damage you for at least 6 years

If however things are difficult you probably have a good case for an irredeemably unenforceable agreement .

While no creditor should take any action against you for sending a CCA request there is anecdotal evidence some creditors terminate the agreement when they receive a CCA request - possibly because they expect you to stop payments if they can not comply

[Joanna Connolly Solicitors]

My card doesn't show up on ANY credit report - Experian, Equifax or call credit

That's odd. If this credit card is a live account it should be visible on the CRA files.

If the account was defaulted for any reason then the file entry would be removed six years to the day the default was registered.

Were any payments missed so the account was defaulted at some stage?

You could send a Subject Access Request to Barclaycard to obtain the full history of the account so you'll see exactly what went on.

Di

[Beachcaster]

Hi Niddy,
I have two Credit Card Agreements which I have sat on for some conciderable time now because the creditors just seem happy enough to let me pay them off with very small amounts every month. They are both pre 2007, one being Egg and the other NatWest and I have both of the original signed agreements. Both have now been assigned to other owners too, and the new owners seem happy to continue in the same vein.
So, I got to feeling why is this the case? Just maybe both are unenforcable? Are there know issues with these pre 2007 agreements which I should investigate?
I have no problem with going down the 'unenforcable path' as I have done it successfully a few times in the past. I will be grateful if you will cast your expert eye over the agreements.

[Warwick65]

I have a Nat West card that was sold to cabot Although I already had an enforceable signed agreement I sent a new cca. Had one rey about 2 years ago and nothing since. The debt is now SB