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Unenforceable?

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  • Unenforceable?

    July 2016 a debt collection agency took on two of my credit card debts.I wrote saying why both were,in my view and following legal advice,unenforceable. DCA said they would investigate and get back to me.
    For almost a year,I have had no response in respect of one card debt,and just now,in respect of the second debt,a short letter saying they would not be pursuing legal action 'at this time' but still asking me to contact them to arrange repayment of the debt.
    Is this DCA-speak for coming as close as they are likely toadmitting the debt is unenforceable,or what?
    Tags: None

  • #2
    Re: Unenforceable?

    Pretty much yes
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #3
      Re: Unenforceable?

      Thank you Amethyst for speedy gonzales reply!

      Comment


      • #4
        Re: Unenforceable?

        No problem, to be honest, it was quite an easy one

        If the 'unenforceability' is just cause they haven't produced the CCA then you already know they can still produce it at any time and try to enforce. If it was missing prescribed terms then it may be fatal. Tough to know what will happen future wise without knowing a bit more, but basically that letter you have is them saying ' yeah its UE at the mo so we can't take you to court but we'll still bug you periodically in case you forget and accidentally pay up ' - basically
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: Unenforceable?

          Thanks Amethyst - on this one,I did receive copy of credit card agreement (debt prior to 2007),but I challenged the legitimacy and this is their response 10 months later.
          Re the other debt,I already had a copy of an illegible cca from original lender,so asked DCA to supply me with a copy when they took on the debt,and so far have heard nothing,except to say they were asking original lender for info.
          So grateful for your comments on this.

          Comment


          • #6
            Re: Unenforceable?

            Okay, I think it's a case of keep the letters on file, at least till you've comfortably passed the statute barred point, in case anything pops back up. You'll probably get letters now and again but unless its a proper LBA I think you should be okay ignoring them.
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #7
              Re: Unenforceable?

              Originally posted by Amethyst View Post
              Okay, I think it's a case of keep the letters on file, at least till you've comfortably passed the statute barred point, in case anything pops back up. You'll probably get letters now and again but unless its a proper LBA I think you should be okay ignoring them.
              That's great to know - many thanks - I'm beyond getting lawyers to help these days,so am v grateful for these comments - I forget what sub I took out last year but have sent some pennies via paypal as feel you must be kept going - all best

              Comment

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