can my credit card debt be wiped out?

[Sand-Dancer0191]

:DI have a very old credit card debt,which I have been paying via a ccca request.ie nominal payments with no interest added to the account.However I am now recieving stroppy final demands from dca's.Ihave requested cca & letter of assignment.....just waiting for reply

In the meantime can anyone shed some light on this .......

since Oct 2008 the creditor must provide a yearly statement and also regular Notice of Arrears (six monthly) without which they are not entitled to enforce any debt, and lose the right to claim any arrears that may have become due during the period of non-compliance.

 

Q. Is this worth following up and where is it from?????

[mark1arby]

Subbing with interest.

[mark1arby]

Beyond, did you read the bit in red, post no.1?

[beyondhope]

Yes Mark doesnt apply to me though coz ive been getting them :'(

[ozzywizard]

since Oct 2008 the creditor must provide a yearly statement and also regular Notice of Arrears (six monthly) without which they are not entitled to enforce any debt, and lose the right to claim any arrears that may have become due during the period of non-compliance.

 

Off the top of my head this is not true, the statue of limitations is 6 years for English law and 5 for Scottish law, this is the point it becomes unenforceable not if due notice is not given. A creditor does not need to send you notice of arrears every six months and if they fail it becomes unenforceable, if this is correct it is somthing I have never heard before.

[mark1arby]

Off the top of my head this is not true, the statue of limitations is 6 years for English law and 5 for Scottish law, this is the point it becomes unenforceable not if due notice is not given. A creditor does not need to send you notice of arrears every six months and if they fail it becomes unenforceable, if this is correct it is somthing I have never heard before.

 

Didn`t know one way r the other. So will have to read the 2006 act to see if there`s anything to it. I will learn something even if the 6 monthly thing isn`t there. lol8)

[ozzywizard]

I will learn something even if the 6 monthly thing isn`t there.

 

Ya think !!!! . . .

[beyondhope]

Didn`t know one way r the other. So will have to read the 2006 act to see if there`s anything to it. I will learn something even if the 6 monthly thing isn`t there. lol8)

 

 

yep you will learn a new language at least thats what I felt like I was learning on reading through the 1974 act with 1983 and 2006 amendments

[mark1arby]

yep you will learn a new language at least thats what I felt like I was learning on reading through the 1974 act with 1983 and 2006 amendments

 

I`ve read them All at least once. So will not hurt to try again. Might retain some of it this time. lol

 

Still having read Queens Regs. (RN) a few times, looking for a good defence to why I was so ****ed, that lot will be a piece of PIS* LOL

[beyondhope]

I`ve read them All at least once. So will not hurt to try again. Might retain some of it this time. lol

 

Still having read Queens Regs. (RN) a few times, looking for a good defence to why I was so ****ed, that lot will be a piece of PIS* LOL

 

Certainly not easy reading are they lol

[cab1ne]

Off the top of my head this is not true, the statue of limitations is 6 years for English law and 5 for Scottish law, this is the point it becomes unenforceable not if due notice is not given. A creditor does not need to send you notice of arrears every six months and if they fail it becomes unenforceable, if this is correct it is somthing I have never heard before.

 

As required from 1 October 2008

If your creditor fails to send you a notice of sums in arrears within 14 days of the date you falling into arrears, or within six months of the previous notice if you are still in arrears, they won't be able to take any further steps to enforce the agreement, by sending you a default notice until they have sent you the notice. In addition, you won't have to pay any interest on the loan or the arrears which built up between the date your credior should have sent you a notice and the date when they actually send it.

 

cab

[ozzywizard]

But again this does not leave the whole debt unenforceable if they have no contact with you for a year or 4 years. It only refers to the interest for the lapsed period which I totally agree with, no way would a creditor aproach me after say 4 years with a huge debt due to interest accruing when they failed to inform me or send default etc.

[cab1ne]

But again this does not leave the whole debt unenforceable if they have no contact with you for a year or 4 years. It only refers to the interest for the lapsed period which I totally agree with, no way would a creditor aproach me after say 4 years with a huge debt due to interest accruing when they failed to inform me or send default etc.

 

"they won't be able to take any further steps to enforce the agreement",

 

also

 

Under the 2006 Act, creditors must provide debtors with annual statements in the specified form. Failure to do so means that the creditor will not be entitled to "enforce the agreement" during the period of his non-compliance and the debtor will not be liable to pay any interest during that period. The debtor is also not liable to pay any defaults that would have become payable during the period of non-compliance or would have become payable after the end of that period in connection with a breach of the agreement occurring during that period.

 

and in my opinion this kind of throws a spanner in the works regarding a recent court decission on enforcement. it looks pretty clear to me that a creditor asking for any sums of money whilst they are in breach of a regulation is "enforcement"

cab

[ozzywizard]

So you are insinuating that a debt is statue barred after one year of no contact, this is untrue.

 

Also annual is a twelve month period not 6 months, so not a clue were you get a debt becomes unenforceable after 6 months with no "notice of arrears"

[Sand-Dancer0191]

Under the 2006 Act, creditors must provide debtors with annual statements in the specified form. Failure to do so means that the creditor will not be entitled to "enforce the agreement" during the period of his non-compliance and the debtor will not be liable to pay any interest during that period. The debtor is also not liable to pay any defaults that would have become payable during the period of non-compliance or would have become payable after the end of that period in connection with a breach of the agreement occurring during that period.

 

My thinking is this :- They can ask for payments etc but they can't enforce until they have complied.....Also they loose the right to interest and arrears permanently whilst in default.

If they can't see why they are in default,then this could go on for a few months before the default is rectified.:lol:

Its not a solution but it does give a bit of breathing space and time out while persuing other means...

[ozzywizard]

Exactly my thoughts Sand but it does not leave the debt unenforceable once rectified as statue barred would. and I do not see were the six munths comes in, I understand a statement of arrears needs to be sent out but it does not leave it unenforceable.

 

The CCA 2006 was an ammendment to the CCA1974 which was implemented in Oct 2008 which again changes with the directive in June this year so is very unclear in parts and will always come down to a judges decision and this will be determined by the relationship kept by the creditor and to an extent the debitor. An unfair relationship would be strenghtened by the debtor not complying with the notice of arrears and the none compliance of anual statements so will not enforce the interest and fees etc but it will not leave the whole debt unenforceable. this is my understanding and I am no expert so could and accept I could be totally wrong.

[cab1ne]

So you are insinuating that a debt is statue barred after one year of no contact, this is untrue.

 

Also annual is a twelve month period not 6 months, so not a clue were you get a debt becomes unenforceable after 6 months with no "notice of arrears"

 

i think we are at crossed wires ozzy.

 

cab

[Sand-Dancer0191]

thats a better definition ozzy....and yes the six month question is a grey area. but the main point i was making about the breathing space is " if the creditor can't enforce the monthly payments until it complies,and the creditor can't reclaim these payments back as arrears. Then that money could pay for

the court docs etc.....the irony of a creditor paying for your court app WOW:cool: