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    • Hello,   Apologies as I know this topic has been done to death but I find myself in a situation I can't seem to find another example of?   Around 12 months ago, Moriarty Law contacted me about a supposed debt relating to my ADCB current account in Dubai. Nearly all current accounts come with an attached credit card (turns out they don't but one of the pages in the initial application that you're asked to sign is actually for opening a CC.... I know, should have been more studious with reading).   Thanks to this forum, last year I downloaded the "Prove It" letter and sent to Moriarty. After hearing nothing at all for 11 and a half of those months, yesterday a big parcel arrived containing the pages from the original account opening app with my signature all over it, a copy of my passport and residency visa from that time and bank statements for the whole 5 years I had the current account with ADCB.   Looking at the amount owed, it translated to around GBP5,000 at such time as ADCB passed it to ML and now they have inflated it to GBP10,000 using a combination of mystery charges and a made-up exchange rate between AED/GBP.   I'm wondering what my next move should be as others seeking help from this forum usually see a Prove It letter to be enough to shoo the DCA away. Sadly in my case, there's 3kg of paper on my desk that very much proves it.   Also I'm a director of a UK Ltd company now so would like to avoid anything that may sully that.   Any advice gratefully received, thanks very much!  
    • Will this now get allocated a court date as CLI have exhibited evidence? Or will the court review the evidence first? 🙄
    • Hi Lutz,   Go ahead with the new account.   As I said already, the bank will probably do and say nothing to help you for the next few weeks so make whatever other arrangements you can.
    • I don't think that you have told us when you bought the car. However, you have referred to a conversation in which they apparently told you that the MOT had been carried out on 11 November so that suggests to me that you bought it after that date. Although it seems as if you are dealing with quite a dodgy crowd, you may as well go through the paces of asserting your proper rights. Because you have discovered this issue within the first 30 days – you can add to the strength of your position by sending them a letter asserting a right to reject the vehicle under the consumer rights act. If a car manifests a defect within the first 30 days then you are entitled to reject it out of hand with no chance of repair but you must assert your right in writing. Send them a letter immediately – recorded delivery – informing them that you are rejecting the vehicle and telling them on what grounds and say that you are asserting your rights under the consumer rights act. It won't make a whole lot of difference, but later on if you find yourself having to take court action, then it will all help. Please let us know when you have had the AA check. Meanwhile, I suggest that you contact me at our admin email address and let me know the identity of the garage and any other identity clues that you have unearthed. It may enable us to give you additional help
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is my debt unenforcable?


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i have to hefty debts one a credit card and the other an unsecured loan.

 

i've been repaying for sometime and about a year ago, due to finacial difficulties, entered into repayment plans with frozen interest on them.

 

i'm currently requesting copies of the CCA, neither of which I have ever signed.

 

is there any chance of these debts being unenforcable if they are unable to supply the CCAs despite me making payments for a few years?

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No valid agreement no enforceable debt

 

Although the debt will still exist you are under no obligation to repay it

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Of course for 6 years

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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  • 11 months later...

i did eventually receive a copy of a my CCA but it wasn't 'properly executed' with all the prescribed terms, so i replied stating such and didn't hear a dicky bird until last week (almost a year).

 

the debt has now been purchased by Aktiv Kapital and I have requested a copy of the CCA again from them, but how do i stand now?

 

AK have said (verbally on the phone) that the original agreement doesn't matter any more and they were desperate to get me to pay a token payment on the phone, but I refused and said i was proof of the debt.

 

i've also read this about the OFT recently clariying 'unenforcable debt' and i'm worried about the bit where it says "· pass the individuals information onto a debt collector"

http://www.creditman.co.uk/uk/members/news-view.asp?newsviewID=11184

Edited by seanj70
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  • 5 months later...

No, a debt is a debt, they don't get written off.

However, they can only stay on your credit file for a maximum of six years, which is the life of the debt, before it is then made unenforceable by the Limitations act, which states that creditors have six years in which to recover their money, after which they cannot take any legal action to recover the debt.

They may still ask you for the money, but once you make them aware of the limitations act and the debt is statute barred, they should leave you alone.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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