• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Seeking Advice Regarding Unenforceable Debts and next steps

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #46
    Brilliant, thank you. I will update if/when they file a claim. Regarding the missing default notice and letter of assignment, what is the legislation that defence would fall under? I just want to be prepared.
    Also should I get in touch with the solicitor to state that I think the debt is irremediably unenforceable? I feel like silence is probably not going to do me any favours with any judges right?
    Last edited by enforceme; 12th December 2025, 14:48:PM.

    Comment


    • #47
      Originally posted by enforceme View Post
      Brilliant, thank you. I will update if/when they file a claim. Regarding the missing default notice and letter of assignment, what is the legislation that defence would fall under? I just want to be prepared.
      Also should I get in touch with the solicitor to state that I think the debt is irremediably unenforceable? I feel like silence is probably not going to do me any favours with any judges right?
      Default Notices - Rules are in CCA 1974 (Sections 87) and the Consumer Credit
      (Enforcement, Default and Termination Notices) Regulations 1983, updated by 2020
      change.

      Letter of Assignment - Law of Property Act, Section 136.

      You can write to them, keep it short and to the point, it will no doubt make them make
      a decision, but also sets out your position. Make sure you get Proof of Postage.

      Comment


      • #48
        Hi Echat11,
        Thanks for all of your help so far.

        The in-house solicitors have mailed me again, they have not acknowledged my previous correspondence.

        They have shared a copy of the CCA, the NoA (which was sent by their own DCA) and a copy of terms and conditions.

        The documents are still incorrect.

        They have also requested payment immediately, which I assume is essentially a new LBA?

        I am thinking a response acknowledging their correspondence, whilst asking them to review the previous correspondence I sent, as the issues I highlighted in that letter are unchanged, the CCA remains incorrect and as such I reject this debt.

        Does this seem reasonable?

        Also I made a mistake, there was no LoA, there never was, the DCA issued a NoA with their original letter.

        Thanks

        Edit: also worth noting is the NoA assignment date differs from the date from the original creditor SAR logs.
        Last edited by enforceme; 9th May 2026, 18:39:PM.

        Comment


        • #49
          Originally posted by enforceme View Post
          Hi Echat11,
          Thanks for all of your help so far.

          The in-house solicitors have mailed me again, they have not acknowledged my previous correspondence.

          They have shared a copy of the CCA, the NoA (which was sent by their own DCA) and a copy of terms and conditions.

          The documents are still incorrect.

          They have also requested payment immediately, which I assume is essentially a new LBA?

          I am thinking a response acknowledging their correspondence, whilst asking them to review the previous correspondence I sent, as the issues I highlighted in that letter are unchanged, the CCA remains incorrect and as such I reject this debt.

          Does this seem reasonable?

          Also I made a mistake, there was no LoA, there never was, the DCA issued a NoA with their original letter.

          Thanks

          Edit: also worth noting is the NoA assignment date differs from the date from the original creditor SAR logs.
          Keep the letter brief, thank them for their letter. Ask them to kindly respond to your previous communication.
          Enclose a copy of your previous commincation.

          Comment


          • #50
            Got it, thanks.

            Comment


            • #51
              Is it worth requesting the Deed of Assignment as well?

              Comment


              • #52
                Originally posted by enforceme View Post
                Is it worth requesting the Deed of Assignment as well?
                No, if you've got the Notice of Assignment, then that's all they will provide.

                Comment

                View our Terms and Conditions

                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                Working...
                X