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Unenforceable debt after CCA request


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Hi,

 

After MBNA suddenly doubled the minimum payment and I found out they were charging me for payment protecton which I never asked, I decided to start looking on these forums..

 

I have now sent the standard CCA request letters (the first ones went out in February) to both MBNA and HSBC. MBNA have not even acknowedged my request even though I have proof of them receiving the letters and HSBC just sent me an application form. I have had a solicitor look over them and he has agreed that both agreements are now unenforceable but I continue to receive letters, texts and calls from MBNA and HSBC asking for the money. I have asked them on more than one occasion to confirm the debt has been written off but they refuse to do that.

 

Does anyone know where I go from here without spending lots of money on court and solicitor fees? I can supply a copy of all letters if anyone can help.

 

Alex

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the fact that a debt is unenforceable means exactly that ..they cant (shouldnt be able to ..dependant on judge of course) force u to pay it. it wont mean they stop trying to get u to pay it...only way seems to be to go the whole hog, which means to the doors of the court, tho not necessarily thru them if they have very little chance of winning.

neednt be too expensive tho if u learn n do it urself.

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i didnt say ignore em...u have that choice of course. its very diff for these situations not to affect ur cred file, not impossible but difficult. what im saying is if u want to get closure on these case u have to go alot further than asking them to drop it...cos they wont until u have taken them as far as they will go...in alot of cases thats a court hearing.

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if u open a www.photobucket.com account u can upload the images so they can be seen plainly (maximise the size in the edit function).

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I mean is there an Organization that I can speak to who can confirm in writing that the debt is unenforceable which I can send to MBNA and HSBC?

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i doubt that vey much. if they told u in writing it was unenforceable and a judge enforced it (rightly or wrongly - it happens) they wud be liable.

if u read thru the site u will see there are no short cuts to ending this im afraid.

 

added: unless u pay it off of course

Edited by r&b
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post no. 190 by a very experienced chap may be of relevance to urself however, substitute DN for Credit Agreement:

http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn-10.html#post2178702

 

this is just my opinion u understand

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What r&b has told you so far is bang on.

 

No organisation is going to write you something that says the agreement is unenforceable (although there are a few that will charge you a couple of hundred and tell you they might :rolleyes:). And, as R&B says, the likes of MBNA are going to keep on bothering you to pay until you force them to stop and the only way to do that is to go to court.

 

Having said that, there is a slight problem at the moment brought on by these "we can write off your loan" shysters. The courts have loads of these cases in front of them and there is likely to be a test case. THis will take a couple of years to sort out but it will only affect cases where the borrower is challenging the enforceability of an agreement throug the court. It won;t affect cases where a borrower is using unenforceablity as a defence. But therein lies anoter problem - MBNA in particular never take people to court, they just sell the debt to a DCA.

 

So you could just stop paying, wait while they sell the debt and the DCA takes you to court. You would get a default on your credit file which you would get removed as part of the settlement when yoiu eventually get the court/DCA to agree that the agrement is unenforceable. Long haul, painful but successful in the end.

 

In your case, however, there is an easier way and that is to go after the PPI. Just start a claim to reclaim the payments and interest on the payments. That is more likely to be succesful on a reasonable timescale.

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Steven

 

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Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Hi, thanks for the pm but think Steven has put you on the right track. If you are uncomfortable about bringing this claim yourself re the PPI, you could go the FOS route and complain that they have mis-sold the insurance. They do have a huge backlog but I have found them quite helpful. It won't stop MBNA's huge machine grinding after you tho' and if they send you all of their lovely threatening letters, be sure to hang on to these and make a note of any telephone calls they make. If they do ring just say "in writing only" and put the phone down and if it continues send them the harassment letter. I know it all seems very daunting but there is no reason why you can't do all this yourself, we all get fed up at times but just keep plodding on. You probably saw my thread where they applied for summary judgement against me. In my case they sent me six pages of terms and conditions and called it a credit agreement and a completely blank application form and called that a credit agreement. Judge wasen't impressed and threw it out. This "test case" is new ground for all of us but bear in mind the CCA was devised for a reason, to protect the rights of consumers. The more you learn on here by reading around, the more confidence you will gain to deal with this.

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