In over my head - Unenforcability

[messytimes]

sorry wrong area, excuse me Im new

[messytimes]

Hi All,

Newbie as you can all see. Well I have gone and got myself into a right mess. I thought I could do this on my own but Im going round in circles and Im stressed and scared out of my wits I feel like ending it if it wasnt for my two children.

 

I have a few accounts which Im trying to prove are unenforcable but Ill start at one and work my way through. Ive gone for the unenforcable route as none of the creditors would accept my token payments and it seems everything has gpt out of control.

 

Littlewoods (very) sold a debt to Capquest I requested the CCA in July and approx 3 weeks later they sent me a black non signed agreement back. I was then very poorly with a kidney infection and seeing as I knew they didnt have a signed copy it wasnt a priority to get back to them anyway postie has just been and I have a letter before action from them threatening bailiffs and such if I havnt been in touch by 27th.

Are they trying it on or have things changed and can they send bailiffs round even though they dont have cca?

 

What should m next step be? I feel like there is no way out, I have approx £11000 of debt hardly any income and my OH is in the dark about it all. I cant tell him and dont know where to turn. If he finds out were finished but I feel like Im going to have people knocking on the door and I feel sick everytime someone knocks on it.

 

Hope to get to know you all and as Im learing I would love to give back to any newbies that follow.

Thanks for reading.

[dx100uk]

no-one can send in the bailiffs until its been to court!

 

dca's are NOT bailiffs neither are 'door step callers'

 

they have NO legal powers

 

read the letter

it will be filled with..

 

if, might. could , may, instructed etc etc.

 

dx

[messytimes]

Thanks dx, Your right it is. I panic easily.

Would anyone suggest I send in the next letter with regards to unenforcability? As in they havnt provided me with a true copy and it has been 30 days plus and see where it goes from there?

Many Thanks

[dpick]

Hi this is a copy of a copy that I used with same company.

 

Dear Sirs,

Thank you for your letter dated nn/nn/nnnn.

You have chosen to respond to my CCA request by providing a reconstituted agreement. While this may satisfy a CCA request, it is not enforceable in a court of law.

 

I now request you to confirm that you actually hold a copy of the original signed agreement. If you do not hold an agreement, then I require you to confirm this, or if you do hold the original signed Agreement then I would ask for you to advise me in what form.

 

I can think of no valid reason why you should provide a reconstituted version when you could have simply photocopied the original-if it exists.

 

I would remind you that the OFT state that creditors should not imply or state that an enforceable agreement exists if that is not the case.

 

I look forward to receiving your response within 14 days if I do not I will then consider the alleged debt to be unenforceable at that time.

 

 

dpick

[messytimes]

Hi DPick

Thanks for your reply, I dont think what I got was a reconstituted agreement, Ive had one of those from another company. It was a double sided a4 piece of paper with some ts&cs but my signiture no where on it. But then I am new to this so maybe thats the term for what I had delivered. I think I will scan what I got sent in reply to my cca request.

AM I RIGHT IN THINKING THAT THIS CANNOT GO TO COURT WITHOUT A CCA? And are capquest using tactics to try and get me to pay?

[victoria_siempre]

Dear messytimes

 

First calm down - their tactics are to scare you and you need to be strong.

 

They will threaten CCJ without a valid CCA and indeed can initiate court proceedings which you need to prepared to defend - lots of folk here will help you.

 

You need to post up more details (without any personal details) of debts, correspondence and CCA replies and more expert folk will comment.

 

I would suggest you phone National DebtHelpLine to get another take on this especially if you genuinely can't pay - I found them reassuring but you don't have to follow their advice.

 

The OH bit undermines your confidence and the need to be strong. personally, I shared everything with my OH and am now frit of nothing. If this is not possible you need a very clear plan of action; this is the start of a fight and you have lots of friends.

 

vic

[Guest wino]

Your excused:p

 

Just shout if you need any help:)

[MARTIN3030]

So what was the question ????

[MARTIN3030]

Earlier thread merged here.

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.