Unenforceability & Template Letters III

nanna58 · 5 June 2010 at 8:27PM

NID
not sure bout this but the op you thought may have been spam yesterday sorry cant remember thread think about halifax saw them on anothr thread earlier

never-in-doubt · 5 June 2010 at 8:35PM

nanna58 wrote: »

NID
not sure bout this but the op you thought may have been spam yesterday sorry cant remember thread think about halifax saw them on anothr thread earlier

you mean the halifax girl that touted for loans? #4

Their posts were deleted

NorthernLas · 6 June 2010 at 12:24AM

Mr D - Did you send the letter as suggested by GeorgeUK in your last thread and have you had a reply?

http://forums.moneysavingexpert.com/showpost.html?p=33131293&postcount=5

I'd suggest you have a read of the flowcharts on the first few pages of the unenforcability thread (never-in-doubt's). This explains what to do and when. You are part way thro' the process - as BCJ suggests ask questions on Nid's thread if you are not sure what to do next.

mr.ton · 6 June 2010 at 1:17AM

Standard garabge by Capquest not worth the paper its printed on.
File under "excrement"
No CCA = no enforcable debt = end of.
Never mind reporting them to the FOS - report them to the OFT & trading standards.
They have no legal powers to any money off you = end of.
They wont go near a court as it will cost them money to do so & wouldnt be worth their while just to get back £1 per month if lucky....

Pugface_2 · 6 June 2010 at 2:16AM

never-in-doubt wrote: »

Yep they will say that, but doesn't matter - its a case of having to go round in circles cos they are going to argue til the cows come home and unfortunately, you'll never change that - the main basis of the template is the fact that you are saying it is your final response - the rest is just space filling gumph, to be fair! (well sort of) lol.

Thanks NID, really appreciate it. Letter is ready to be sent out first thing on Monday.

Haven't heard a thing back from Crap1 or Bclaycard.

Cheers for all your help (and patience with so many people constantly asking for help.

never-in-doubt · 6 June 2010 at 3:27AM

MRDOLLAR wrote: »

Guys im at my wits end.
Here is the application form or in there terms agreement!
http://s941.photobucket.com/albums/ad255/MRDOLLAR/

and the letter i recieved today
http://s941.photobucket.com/albums/ad255/MRDOLLAR/Capquest/

Hope someone can help? if you search MRDOLLAR in search box on these forums you will see all my other posts.........hope to get this sorted with your great help thanks Guys

Hi

The agreement you posted is unenforceable, the letter they sent really doesn't matter - its just them giving a summary of events to date. However, in the circumstances send the following back to crapquest: Refusal by Lender/DCA - to accept Unenforceability

The reason by the way, that it is unenforceable, is because there are no terms either linked to or attached to the application and certainly no prescribed terms. We can all send an application form out, purporting to be an agreement but it doesn't mean it is enforceable!

See how you get on.

never-in-doubt · 6 June 2010 at 3:33AM

koloko wrote: »

Sorry about the above, it contained no advice.

My advice.

As far as I understand, this forum is here to help people manage their debts.
As far as I understand, from reading the letter, you are trying to use this forum to find "loopholes" to get out of paying £2000 that you borrowed from a company. In fact I can see 6 seperate attempts stated in the letter where you have previously tried to find a loophole.

My advice would be to grow up a bit, do a budget plan, and find a way of paying the debt back. The fact that you are trying to find an immoral loophole when everyone else here tries to find ways of budgeting to pay off their debts is why you have had no replies up until now.

We really don't need fools like you on the forum, you have no idea do you? Normally i'd ignore your silly posts but I feel like ridiculing you, why? because I can - because you know nothing and have a big mouth.

You keep referring to loophole as though the OP is doing something wrong, by asking for a lawful copy of his agreement - something that was written into an Act, passed in Parliament and continues to this day, 36 years later. Ergo, I somehow don't think the correct term should be loophole, i'd be more prone to say that it is utilising an Act to your advantage, something the banks have done for many a year prior to the consumer revenge influx of late - in the past people were scared to fight their banks, cos they were so powerful.

Well now it's all been reversed, the banks are scared of us, the consumer, because they realise they have broken their own rules for years now and unfortunately for them, it is now coming back to severely bite them on the arsey!

The below is a quote from my thread, when some other fool tried to spout their garbage about it being a loophole - as with you, it put them firmly in their place - read it and weep sucker!

Why would someone utilise Unenforceability - Question & Answer!

Now go away and find something useful to do, and stop wasting our time and ruining a perfectly valid thread.

never-in-doubt · 6 June 2010 at 3:36AM

mr.ton wrote: »

Standard garabge by Capquest not worth the paper its printed on. agreed

File under "excrement" :rotfl: :rotfl:

No CCA = no enforcable debt = end of. Not quite - lots more to it than that!

Never mind reporting them to the FOS - report them to the OFT & trading standards. why? they cannot get involved, you wait for the lender/dca to attempt court action at which point you'd defend it.

They have no legal powers to any money off you = end of. Half correct but they could try and obtain a CCJ, unless you know how to defend it and/or fight off any threat of CCJ

They wont go near a court as it will cost them money to do so & wouldnt be worth their while just to get back £1 per month if lucky.... not true, on my thread they are trying this for the paltry sum of £1100 - but we'll win, easy to defend as they are in default and have no agreement ergo s.127(3) and s.65(1) will stop them obtaining judgement.....

See my signature and also my comments in red!

swanfan02 · 6 June 2010 at 3:56AM

koloko wrote: »

I can't really comment on the legality of the letter, however I can say that if you'd borrowed £2000 off me and then tried to get out of paying me on a technicality (such as I didn't explicitly state the interest on the form I asked you to sign) then I would feel rather cheated.

koloko wrote: »

Sorry about the above, it contained no advice.

My advice.

As far as I understand, this forum is here to help people manage their debts.
As far as I understand, from reading the letter, you are trying to use this forum to find "loopholes" to get out of paying £2000 that you borrowed from a company. In fact I can see 6 seperate attempts stated in the letter where you have previously tried to find a loophole.

My advice would be to grow up a bit, do a budget plan, and find a way of paying the debt back. The fact that you are trying to find an immoral loophole when everyone else here tries to find ways of budgeting to pay off their debts is why you have had no replies up until now.

koloko wrote: »

Last comment. You have made multiple threads about this same topic. The problem has not gone away. I quote from your first thread:

This is my story to those who hopefully can help me asap and point me in the right direction!
The debt was for a Halifax credit card which obviously Capquest brought off them.
The debt as it stands now is £2200.
I have to say that i have simply left this debt and only paid bits and bobs when Capquest have called me. I dont need a telling off im old enough to know better.

I'm sorry you're wrong. You do need a telling off. You owe this debt, you need to do a budget plan and pay it off. If it is making you so sick, think of it this way. Simply save £3 a day in your budgeting, and it will be gone in less than 2 years.

If you post a budget plan here I will be happy to go through it with you and identify savings. I'm sure together we can find £3 a day

Your "advice" seems to amount to just criticism, these threads are for help & advice if you have nothing helpful to say then keep quiet,moron!!:mad:

never-in-doubt · 6 June 2010 at 5:15AM

There has been a few people wondering about accounts taken before and after April 2007, and what the differences are - see below for a brief explanation. The below is a brief sypnosis and covers a basic situation, not all.

Accounts opened before April 2007
These cannot be enforced without an original agreement, if the lender tries to take you to court without one they will lose. Provision of CCA to pay attention to is s.127(1) of the Consumer Credit Act (CCA 1974) which is subject to the restrictions imposed by sections 127(3) & (4). Those subsections set out the circumstances in which the court shall not make an enforcement order under section 65(1) of the Act.

The lender may refuse to send a copy, at which point you utilise CPR31.14/CPR31.16 - see here: Understanding Civil Procedure Rule (CPR) - 31.14 & 31.16 to obtain a copy of any documents they plan on presenting the court. As they will not be able to present an original document you'd argue to the court this fact, who will then throw out their case - all from the comfort of your own home.

Now, in laymans this means without an agreement the court cannot pass judgement. Make sense?

Accounts opened after April 2007
The can be manipulated and basically the lender can and will present a reconstituted (cut/paste) agreement to the court, also as s.127 was repealed (removed) from the CCA for agreements after April 2007, you cannot argue enforceability so the only way to "get out" of paying a debt from after April 2007 is by taking civil action against the lender by trying to prove that the terms/agreement has changed since outset and proving that they are taking the mickey - this would only work in extreme cases, such as when you were offered a credit card or loan, without having to sign anything or tick any box (electronically) which is extremely rare to say the least.

I done this with HSBC funnily enough, on the phone - then a card came - hmmmm, only last year as well

Hope that makes sense of it? If not post questions and i'll try and add a FAQ section in relation to it.....

Unenforceability & Template Letters III

Comments

Confirm your email address to Create Threads and Reply

🚀 Getting Started

Categories

Is this how you want to be seen?

Get our FREE Weekly email full of deals & guides - and it’s spam-free