Seeking Advice Regarding Unenforceable Debts and next steps

[enforceme]

Hi everyone,

Long story short, I ended up in a pretty tough spot with 5 CCs and a repayment to my ex-employer for training fees and relocation support fees leaving me heavily in debt (£15k to my ex-employer and £25k to creditors). Bankruptcy is/was not an option due to my line of work.

I defaulted on 4 of those CCs.

I later received letters from Link Financial and PRA stating that they now owned the debts (the amounts owed were slightly lower than the amount owed to the original creditor), the letters had NoA attached as well (this was all sent as regular post, not tracked/recorded/signed for).

I sent a CCA s77-79 for each of these CC debts and have received two responses stating the debts are unenforceable, as they have no proof of the CCAs. I am awaiting responses for the other two (12 days have passed).

So my question is, as the NoAs were not delivered correctly, I haven't acknowledged receiving them and the two debts are unenforceable can I request the defaults be removed for those two debts?

If not, what are my next steps?

To clarify all of the debts along with the ex-employer debt are in a DMP managed by StepChange, who automatically changed the owner of the debts to Link Financial and PRA.

I would like to try to focus on paying down the debt with ex-employer and the last CC still with the original creditor if possible.

Thanks in advance,

EM

[enforceme]

Just to add further details, the defaults were applied within 1 month of me getting into arrears on all of those accounts, however checking my credit reference, they don't appear for another 3 months after I received those letters (matching when Link/PRA purchased the debts). I have asked CRA to change the dates to match the letters received.

[wales01man]

NOAs are not normally delivered registered or signed for cant see a defence there

[enforceme]

Thanks for clarifying Wales01man.

Edit:

Are there any obvious next steps or is it the crossroads of pay/don't pay, and await response for the other two debts?

[echat11]

Just to add further details, the defaults were applied within 1 month of me getting into arrears on all of those accounts, however checking my credit reference, they don't appear for another 3 months after I received those letters (matching when Link/PRA purchased the debts). I have asked CRA to change the dates to match the letters received.

You really need to get hold of the Terms and Conditions for the accounts.You should be Defaulted after you miss 3 payments, sometimes it's longer. What you are saying is that you received Default Notices after one missed payment, if the Terms and Conditions say different then you may have something there for your Defence, as you weren't given time to 'rectify' the account as per the Terms and Conditions..

[enforceme]

You really need to get hold of the Terms and Conditions for the accounts.You should be Defaulted after you miss 3 payments, sometimes it's longer. What you are saying is that you received Default Notices after one missed payment, if the Terms and Conditions say different then you may have something there for your Defence, as you weren't given time to 'rectify' the account as per the Terms and Conditions..

Thank you for your response Echat11, so unfortunately I don't actually remeber if I was sent T&Cs I only have a copy of the emailed Explanation and draft CCA. The draft CCA mentions "we may give negative feedback to credit reference agencies, which may make getting credit more difficult for you in future". It however doesn't refer to any times from missed payment to that negative feedback.

Is there any way I could get access to the T&Cs considering the DCA couldn't find them when I requested a S77-79?

[echat11]

Thank you for your response Echat11, so unfortunately I don't actually remeber if I was sent T&Cs I only have a copy of the emailed Explanation and draft CCA. The draft CCA mentions "we may give negative feedback to credit reference agencies, which may make getting credit more difficult for you in future". It however doesn't refer to any times from missed payment to that negative feedback.

Is there any way I could get access to the T&Cs considering the DCA couldn't find them when I requested a S77-79?

A long shot, but try the Internet Archive.

[enforceme]

A long shot, but try the Internet Archive.

Unfortunately, they match the T&Cs sent out as draft cca.

[echat11]

Unfortunately, they match the T&Cs sent out as draft cca.

How old are the accounts?

[enforceme]

How old are the accounts?

1, 4, 6 and the last one is over 10 years old, I think it is around 13 years old. The unenforceable pair are the 1 and 10+ years respectively.

Also if I am going to ask for the default removal on grounds of not being given enough time to rectify, would it be to the OC or the DCA?

[echat11]

1, 4, 6 and the last one is over 10 years old, I think it is around 13 years old. The unenforceable pair are the 1 and 10+ years respectively.

Also if I am going to ask for the default removal on grounds of not being given enough time to rectify, would it be to the OC or the DCA?

The original creditor. Do it as a complaint in writing, follow their complaints procedure on their website.

[enforceme]

The original creditor. Do it as a complaint in writing, follow their complaints procedure on their website.

Thanks Echat11, I'll give that a shot.

[enforceme]

Another update: having just checked the default notice, I was not in arrears when I defaulted on all of the accounts. I have mentioned this in my complaints to the OCs. The letters literally asked me to pay £0 to resolve the issue. Am I correct in thinking that if the defaults are removed the DCA are prohibited from readding them?

[echat11]

Another update: having just checked the default notice, I was not in arrears when I defaulted on all of the accounts. I have mentioned this in my complaints to the OCs. The letters literally asked me to pay £0 to resolve the issue. Am I correct in thinking that if the defaults are removed the DCA are prohibited from readding them?

There is no money owing, so not sure why that would be an issue.

[enforceme]

There is no money owing, so not sure why that would be an issue.

It was when I entered a DMP, so possibly due to the fact I could no longer afford to pay the minimum payment, just a little premature.
The money owed is still substantial.