unenforcable?

[spanky1294]

Hi all,

I am new here so not quite sure what to do but will have a go.

 

I have a credit card debt of around £8000 (yorkshire bank) around 10 yrs old now which has been passed on to a debt collector.I have been paying a minimum payment on it . I have heard that some of these debts were/are unenforcable. Is this true and if so could anyone help by pointing me in the right direction on what to do to clear the debt?

 

Thanks

 

Kevin.

[spanky1294]

Hi all,

I am new here so not quite sure what to do please help

 

I have a credit card debt of around £8000 around 10 yrs old now which has been passed on to a a solicitors for collection of the outstanding.I have been paying a minimum payment on it of £5 for yrs as i am on very low income. . I have heard that some of these debts were/are unenforcable. Is this true and if so could anyone help by pointing me in the right direction on what to do to clear the debt? I have read a few threads but my head is buzzing so much i am getting confused.

 

What i am really asking is there any way of clearing this debt?

 

 

Thanks

 

Kevin.

[cerberusalert]

There are certain circumstances where a credit agreement can be rendered unenforceable, the only way to check is to request a CCA from whoever is demanding payment now. http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter.

 

Was there any PPI on this a/c & have they added any unfair charges? If so it is possible to reclaim them + statutory interest thus reducing the remaining balance.

[spanky1294]

Thankyou so much Cerberusalert i will follow your link to start off with and have a read.

 

much appreciated.

 

k

[rebel11]

Hi spanky

 

Welcome to CAG

The guys will advise as soon as they are available.

 

The debt will become unenforceable through the court, but will not disappear, but it might help you negotiate a Full and Final Settlement. Have you got any Penalty Charges or have you been mis-sold any PPI on the account since the account was opened?

 

You can send a SAR Request to find out.

 

Read (1), (2), (3) in my signature.

[spanky1294]

Thanks rebel,

i posted another thread in general debt and after i had a reply i posted a cca request today to the solicitors who are controlling the debt.Was not sold any ppi and interest was frozen.The solicitors recently sent me a letter offering 20% off the debt for a full settlement but no way can i afford this.I am waiting for 12 days now to see if they reply so are you saying even if they dont reply in 12 days the debt wont dissappear?

 

cheers

 

k

[cerberusalert]

The debt won't go away per se but they cannot take any action unless they produce an enforceable agreement.

 

Even though there was no PPI you can still reclaim any unfair charges.

[spanky1294]

Cheers Cerberusalert,

i posted the cca today that you told me about in the other thread.So if they cannot produce an enforcable agreement does this mean they would have to take me to court and if so what is the usual outcome? Also what is classed as unfair charges?

 

cheers

 

k

[spanky1294]

ps

 

Also any idea what they may accept as full and final payment as i read on another thread it may be as little as 5-10% but they have only offered me a 20% reduction which is 80% left to pay?

 

k

[cerberusalert]

So if they cannot produce an enforcable agreement does this mean they would have to take me to court and if so what is the usual outcome?

They would need to show a court that a debt was owed & to do that they would need to produce an enforceable agreement.

Also what is classed as unfair charges?

Recent guidelines state anything over £12 but you should reclaim all charges anyway.

Also any idea what they may accept as Full and final payment as i read on another thread it may be as little as 5-10% but they have only offered me a 20% reduction which is 80% left to pay?

Which begs the question if they are so sure they have an enforceable agreement why offer any discount?

 

To answer your question though, it's a matter of negotiating really. Start at a low figure and work your way up to something you think is reasonable, in that way they think they've won one over.

[rebel11]

Hi Spanky

 

You need to start one thread and stick to it, starting several threads can be confusing for the people trying to help you.

[spanky1294]

Hi guys thanks for the help.

I agree it can be confusing but i posted this before i figured the site out so I will stick to this thread then if thats ok .Unless there is any way i can delete this thread and add it to my other one in general debt.

 

Q. If they cannot enforce and it goes into dispute are they able to put a default on my credit score with for eg. experian?

As my credit is good now and dont want to spoil it.

 

k

[cerberusalert]

Two threads merged.

[spanky1294]

Hi Guys,

so i posted off the cca request and have had no reply and i posted it recorded on the 8th march.What is the next step? Do i try to get in touch with them and ask them why?

 

cheers

 

k

[sploits]

Hi spanky,

 

I'm sure they have 12 days +2 (for posting) to get back to you on this. As this has now passed they are in default. I would send off the dispute letter (Recorded) http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

I would also stop all payments you are making. If they can't keep their end of the bargain then why should you

IF they DO manage to provide you with an agreement (which is highly unlikely) then post it up (minus your personal details) and somebody will check it to find out if it is enforcable.

[spanky1294]

Cheers mate,

will get on with this now...........thanks for help

 

k

[hennessy13]

Q. If they cannot enforce and it goes into dispute are they able to put a default on my credit score with for eg. experian?

As my credit is good now and dont want to spoil it.

 

k

 

Yes, sadly. They can do 'pre-enforcement' activities but it's all basically hot air. And you can mark it on your credit file as 'disputed'.

 

If im wrong here someone please jump in.

[spanky1294]

Letter posted

 

k

[spanky1294]

Hi ALL,

I posted the dispute letter on 31stMarch and since then have had a reply basically saying that my portfolio has been re assigned to a different company.Does this mean I have to send the cca request again to them and start again?

 

cheers

 

k

[sploits]

Hi ALL,

I posted the dispute letter on 31stMarch and since then have had a reply basically saying that my portfolio has been re assigned to a different company.Does this mean I have to send the cca request again to them and start again?

 

cheers

 

k

 

No it shouldn't as you have already sent the CCA request to them and the account is dispute letter. If you get a letter from another company saying they are now chasing the debt then send this http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency

That should sort out the new DCA (it has for me in the past).

 

Hopefully more people will be here soon to give more advice

Edited June 2, 2011 by sploits

[cerberusalert]

Hi ALL,

I posted the dispute letter on 31stMarch and since then have had a reply basically saying that my portfolio has been re assigned to a different company.Does this mean I have to send the cca request again to them and start again?

 

cheers

 

k

No, if another company contacts you & you still haven't received a CCA send the new company this; http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency

[Undercover-Elsa]

Hi Spanky,

A word of caution here - if, as you say, your credit record is important to you then it's not adviseable to stop payments at this point.

Unfortunately fairly recent test cases have established that they ARE allowed to place defaults, issue a default notice and subsequently demand the full balance and sell on the debt while the account is in dispute. Paradoxically, they CAN also issue court proceedings but the court is prevented from making an enforcement while the dispute exists.

 

Most people who stop paying have multiple debts and have made an informed decision that they do not care about their credit records. Or have such a low income that they have little choice.

Stopping paying can however focus the creditor/dca's minds and make them more likely to agree to a lower, interest free repayment scheme or full & final payment.

The choice is yours, but make sure it's an informed choice.

Do your own research and make sure you know what you're doing before you do it. Read and understand the letters you send.

 

Start here, with the OFT guidance on CCA Requests, and have a read of my debt threat blog linked below.

kind regards,

Elsa x

PS...I would also send a SAR as advised earlier, to establish how much of this debt comprises unfair charges, and claim back with interest to reduce the debt.

OFT-section77-79Requests.pdf

Edited June 2, 2011 by Undercover-Elsa

[spanky1294]

Thanks very much Sploits will send this asap.

 

cheers

 

k

[Happyhippy1959]

undercover,, how does one go about re-claiming unfair charges... especially if the debt is assigned / purchased by a DCA. I only ask as i have a Over-draft with at least £300 of unfair charges but it is in the hands of Marlins now..

 

I have just told Marlins they will only get £xxx.xx less the £300 ??

 

Best of luck Spanky

[Undercover-Elsa]

hi Happy Hippy,

Overdraft charges are a tricky one since the OFT test case. Govan Law Centre is trying a new tack in Scotland but the situation in the rest of the UK is pretty static, with many cases on hold. I think the only ones that are moving are pretty inarguable hardship cases.

Credit cards charges are still being reclaimed though.

 

Elsa x

 

PS Here's the latest update on MSE:

 

http://www.moneysavingexpert.com/reclaim/bank-charges

 

and Govan Law Centre:

 

http://govanlc.blogspot.com/2011/05/bank-charges-fight-still-alive-glc.html

 

And the FOS:

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/financial-hardship-unaffordable-lending.htm#2

Edited June 6, 2011 by Undercover-Elsa