Seeking Advice Regarding Unenforceable Debts and next steps

[echat11]

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.

Do as stated in post 11. It's pointless speculating until they've responded to your complaints, so you know what is what.

[enforceme]

Do as stated in post 11. It's pointless speculating until they've responded to your complaints, so you know what is what.

Got it!

Also to update, the other two S78s came back with no proof of CCA. As it stands would I be able to focus all of my efforts on the ex-employer debt and the one remaining card that didn't default?

[echat11]

Got it!

Also to update, the other two S78s came back with no proof of CCA. As it stands would I be able to focus all of my efforts on the ex-employer debt and the one remaining card that didn't default?

Yes, but be mindful, they can't find them at the present time.

[enforceme]

Yes, but be mindful, they can't find them at the present time.

Great thank you. I have checked my records and I only ever received draft CCA agreements as far as I can tell.

I am anticipating a reconstituted agreement, but until then I will focus on those other debts. Hopefully those defaults get removed too Thanks for your help Echat11.

[enforceme]

Yes, but be mindful, they can't find them at the present time.

I have received the first of the CCAs, which they claim came from the original creditor.
This one for the 1 year old debt which was too be expected. But when checking the CCA I have seen that there is no credit limit on the CCA, and is incomplete (Lloyds group, doesn't include section B). There is also a second document which has an incorrect address on it part as it doesn't match where I lived on the date on the CCA but does include section B.

Also regarding the complaints, they were all rejected with this wording:
"In April 2024, we received a payment offer for your account from DMP. You proposed to pay £x. Unfortunately, this payment offer was insufficient for us to establish a repayment plan, which is only available for short-term assistance. As we were unable to set up a plan, we scheduled your account for closure and a default to be registered within two months. On x April, we sent you three letters: one was a default notice, another confirmed that we would be closing your account within two months, and the third confirmed that we had frozen interest. Subsequently, on x June, we sent a further default notice to you, advising that you needed to pay the arrears to prevent a default from being reported. Since the default notice was not satisfied, the accounts have now correctly defaulted."
Payment and dates removed by me.

So the date I got the default notice wasn't the date I defaulted, nor was the 14 days they gave, they tell me it defaulted after they sent me a 2nd default notice 2 months later. TransUnion report it defaulted in July so I'm a little confused.

Edit:

This is what it says in the credit limit section:
We set this credit limit based on your financial status and tell you what it is in writing soon after opening your account. It is important that you stay within your credit limit.

Is that enforceable?

[echat11]

I have received the first of the CCAs, which they claim came from the original creditor.
This one for the 1 year old debt which was too be expected. But when checking the CCA I have seen that there is no credit limit on the CCA, and is incomplete (Lloyds group, doesn't include section B). There is also a second document which has an incorrect address on it part as it doesn't match where I lived on the date on the CCA but does include section B.

Also regarding the complaints, they were all rejected with this wording:
"In April 2024, we received a payment offer for your account from DMP. You proposed to pay £x. Unfortunately, this payment offer was insufficient for us to establish a repayment plan, which is only available for short-term assistance. As we were unable to set up a plan, we scheduled your account for closure and a default to be registered within two months. On x April, we sent you three letters: one was a default notice, another confirmed that we would be closing your account within two months, and the third confirmed that we had frozen interest. Subsequently, on x June, we sent a further default notice to you, advising that you needed to pay the arrears to prevent a default from being reported. Since the default notice was not satisfied, the accounts have now correctly defaulted."
Payment and dates removed by me.

So the date I got the default notice wasn't the date I defaulted, nor was the 14 days they gave, they tell me it defaulted after they sent me a 2nd default notice 2 months later. TransUnion report it defaulted in July so I'm a little confused.

Edit:

This is what it says in the credit limit section:
We set this credit limit based on your financial status and tell you what it is in writing soon after opening your account. It is important that you stay within your credit limit.

Is that enforceable?

The CCA should have all the correct details, so there are anomalies in the CCA you received i.e. no credit limit, wrong address, incomplete, it looks like it's be 'reconstructed'. So I'd say it's 'unenforceable'. But only a Court can give a 'definitive' answer on it's 'enforceability'.

Regards their letter on 'Defaults', have they stated you can take the matter to the FOS?

[enforceme]

The CCA should have all the correct details, so there are anomalies in the CCA you received i.e. no credit limit, wrong address, incomplete, it looks like it's be 'reconstructed'. So I'd say it's 'unenforceable'. But only a Court can give a 'definitive' answer on it's 'enforceability'.

Regards their letter on 'Defaults', have they stated you can take the matter to the FOS?

Thanks Echat11.
Just to clarify, the first section with the agreement page is incomplete and has no credit limit. The second has part B but has no credit limit and the wrong address and also a header of 'Back book Customer Copy Template - LRST01 BRL'.
I assume the part B from the second section can be used to fortify the first section as being complete with T&C's but both lack credit limit.
Should I contact them to state I believe it is unenforceable or do I just wait for court action?

On the complaint they have stated that I can go to the FOS. Is that the next step?

Thank you so much for your support.

[echat11]

a) Write to the creditor, state that they haven't complied with your CCA request under the CCA 1974.
Add that the FCA Guidelines state that they shouldn't mislead you when providing requested information.

You can quote 'Failure to Comply - CONC 13.1.6 (numbers 1, 2 and 3).

https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

https://lawzone.legal/when-is-a-cred...unenforceable/

b) Regarding the Defaults, lodge a complaint with the FOS, but what I would say is they are 'fickle'. You need to point out that you tried to make an arrangement, the creditor wasn't interested, the FCA states that the creditor should help debtors who are struggling, your tried, but they weren't interested in helping you.

[enforceme]

Thanks Echat11! Will do that and update asap.

[echat11]

Thanks Echat11! Will do that and update asap.

https://www.handbook.fca.org.uk/handbook/CONC/7/3.html

[enforceme]

Sent complaints to the ombudsman regarding my original creditor.

Also received a 2nd CCA from link which lacked the same information required. So I responded again to repeat that they shouldn't attempt to mislead me.

[echat11]

O.K. update when you get a response.

[enforceme]

I got a response from Link saying they are investigating. I asked SC to remove them from my DMP but no response so far.

[echat11]

I got a response from Link saying they are investigating. I asked SC to remove them from my DMP but no response so far.

O.K.