Received a Claim Form

[LMD01]

I really don't know tbh.
so should I put No 7 in then if I'm not sure?
Thanks

[echat11]

I really don't know tbh.
so should I put No 7 in then if I'm not sure?
Thanks

You are signing a Statement of Truth.

So you need to make a decision on that.

[LMD01]

Will it be detrimental to me to leave it out as I'm not sure?

[echat11]

Will it be detrimental to me to leave it out as I'm not sure?

Post 32.

[LMD01]

Well 16 months on and an update.

Some undated letters from approx April-Aug 2022.

One stated: Your account is UNENFORCEABLE as unable to speak with the previous account owner to obtain relevant documentation.
Then states my account is NOT closed, activity will resume (telephone/written) communications but wont be contacted for collection of the balance or expected to make payment(s).
They will continue to liase with the previous owner to obtain relevant documents.
If they are provided with relevant documentation a a future date we will forward this on to me.
if documentation is provided to you, the account will again become enforceable.

I continued my standing order payments as I really wasn't sure what was happening.

Now I have received a letter from Capquest who are now the administrator of my agreement and that I should now pay them. (No details of their bank account details to change my standing order to) so they will expect me to call them no doubt, which I'm reluctant to do.

Can anyone let me know what the UNENFORCEABLE letter above was for please.


Thanking you

[echat11]

So what happened with the Court Case?

You've been making payments, did you get a Compliant CCA agreement?

[LMD01]

I only have that info above to go off.
Nothing else.
Just following Periodic Statements off Arrow with my monthly payments listed
Last one was February 2023
Now letter June 2023 from Capquest saying all payments now to go to them.

[echat11]

I'm thinking the Court Case was stayed.

Send Capquest a CCA request, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

[LMD01]

Ok I will do that, however should I have been informed of this and by whom?
Also if that is the case, what does it mean?

[LMD01]

Just to clarify, on the letter where it stated that my account was unenforceable from Arrow Global, it read..
Following the investigation into your query, (to obtain documentation with regards to the Consumer Credit Act 1974, sections 77 and 78 we regret to inform you that we have been unable to speak with the previous account owner to obtain the relevant documentation.
They acknowledge that until they can provide such documents that my account is unenforceable.

Does this help?

[echat11]

Ok I will do that, however should I have been informed of this and by whom?
Also if that is the case, what does it mean?

I'm not a 100% sure it's been stayed, the only way to find out is to ring the Court. The Creditor told you in the letter you refer to in post 35 that the debt is 'unenforceable' so they can't pursue the Court Case, as they can't locate the agreement.

Once they told you it was 'unenforceable' you should of stopped payments, maybe offered to settle the debt for a nominal amount, say between 5% - 10% to give you closure on the matter.

Make sure you write 'Without Prejudice' on the letter, make sure you get Proof of Postage.

Use a template, but amend it to reflect your circumstances.

[LMD01]

As I said in post 40 I had already requested CCA with no success, so I take it I don't need to do that now.?
Im also unsure what I'm to do next, can I stop paying the monthly payments?

[echat11]

As I said in post 40 I had already requested CCA with no success, so I take it I don't need to do that now.?
Im also unsure what I'm to do next, can I stop paying the monthly payments?

You carried on paying when you received the letter, time has elapsed since you requested the CCA, do you know what they have done since they sent you the letter to track it down? ('They acknowledge that until they can provide such documents that my account is unenforceable.')

You can stop paying, but will be doing so on the letter you received last year, then deal with what they decide to do, they may decide to do nothing, we don't know.

[LMD01]

They just said they'd forward the CCA on if it became available.
"Then deal with what they decide to do"
So do you know what their possible options are?
I don't want to make things worse by stopping payment but don't see the point in continuing if it's not needed.

[echat11]

They just said they'd forward the CCA on if it became available.
"Then deal with what they decide to do"
So do you know what their possible options are?
I don't want to make things worse by stopping payment but don't see the point in continuing if it's not needed.

a) If they've got a compliant CCA, then they could remove the 'stay' that maybe in place.

b) If they haven't got a compliant CCA, the debt is 'unenforceable', they need to write and tell you that is the case. Then you can decide what to do.