"unenforceable, yet still collectable as you are still aware of your responsibility"

[johnjohnson]

Hello,

I have 2 debts which Link financial have bought, totalling £12,000. I requested CCAs which they cannot provide, and they admit that the debt is unenforceable. The default date is Oct. 2021

I did offer a full and final settlement offer of 40% which they have refused. In the correspondence they said "Whilst the debts are unenforceable, they are still collectable as you are still aware of your responsibility".

My questions are -

how do they determine that I am "aware of my responsibility" ? Is it because I made an offer and have been in communication with them? Does being "aware of my responsibility" have any legal consequences?

I now intend not to pay them anything, is there anything I can do which makes me "unaware of my responsibility"?

Any advice on how to proceed much appreciated, thanks.

[echat11]

Hi Johnjohnson

Welcome to LB

a) I did offer a full and final settlement offer of 40% which they have refused. In the correspondence they said "Whilst the debts are unenforceable, they are still collectable as you are still aware of your responsibility".

The response from them is just 'standard wording', so wording they would use in letters to all debtors with 'unenforceable' agreements. When making offers, mark the letter 'Without Prejudice'.

b) how do they determine that I am "aware of my responsibility" ? Is it because I made an offer and have been in communication with them? Does being "aware of my responsibility" have any legal consequences?

As above.

c) I now intend not to pay them anything, is there anything I can do which makes me "unaware of my responsibility"?

Although the debt is 'unenforceable' (they can't take the matter to Court, as they can't find the agreement), the debt doesn't disappear, they can chase it, but little incentive to do so, as they would be wasting their time.

[johnjohnson]

Thankyou echat11, that's very helpful.

I have one other defaulted credit card debt bought by a different collection agency, who did find my CCA. They have proposed a figure for a full and final settlement. They have said "If you would like to accept this offer, we would appreciate if you could help us ensure the payment is affordable for you, by answering the following questions:", one of which is "do you have any other debts? if so do you have payment plans in place?"

I intend to pay the settlement figure with money from a family member and my main bills are up to date. In the past I have sent this agency a list of my other creditors.

Am I obliged to answer this question? My concern is that If I say I do have other debts with no payment plan in place they might withdraw the terms of the settlement they are offering.

My plan is not to pay Link financial and I have told Link this - could this constitute "having a payment plan in place"?

Thanks again

[echat11]

a) They have said "If you would like to accept this offer, we would appreciate if you could help us ensure the payment is affordable for you, by answering the following questions:", one of which is "do you have any other debts? if so do you have payment plans in place?"

If it's on your credit report, then they will know about other debts. I would state you have other debts, but they are on hold by the Creditor.

b) I intend to pay the settlement figure with money from a family member and my main bills are up to date. In the past I have sent this agency a list of my other creditors.

Make sure you mark the letter 'Without Prejudice'.

https://nationaldebtline.org/fact-sh...ent-offers-ew/

https://nationaldebtline.org/sample-...tlement-offer/

c) Am I obliged to answer this question? My concern is that If I say I do have other debts with no payment plan in place they might withdraw the terms of the settlement they are offering.

As above (a).

d) My plan is not to pay Link financial and I have told Link this - could this constitute "having a payment plan in place"?

As above (a).

[johnjohnson]

Thanks again echat11,

If I might ask one more question - is it ok to communicate with creditors via email or should it be a paper letter sent through the post?

[atticus]

email is fine. It is written, and there is a record of it.

[johnjohnson]

Thankyou atticus.

Great forum