Unenforceability & Template Letters II

k4j · 1 December 2009 at 6:37PM

never-in-doubt wrote: »

Most probably they will yes. But only if you're in enough arrears, i.e. when you stop paying for a few months they will then default you...

True. One default is as bad as 10 defaults, similarly 3 is as bad as 5! :rolleyes:

Any pre arranged agreement will be void the moment you stop paying and chances are that interest will start to be added to each account but it doesn't matter if you're not paying them back, does it? They will not be unenforceable unless they are, best not to assume this at this stage....

Well not really but you need to bear the date in mind cos this will affect when you can reapply for credit in the future (usually 6 years after default date it drops off)...

They could try and get a charging order or CCJ but they would have to give you notice in which case you then make an offer to repay to avoid the action. This is rare and depends on your circumstances, such as how much the debt is and the value and equity of your house (say you had a loan and stated that your house was worth £300k and your mortgage was £150k then they may apply for a charging order based on that!)..... Best advice is always to say the house is the same value as the mortgage outstanding to avoid this

Yes. They are regulated under CCA so you can indeed question overdrafts...... But they won't send a CCA it will be more a copy of the overdraft terms.... Which bank is it.......

Thank you for the quick reply

Well...my house isn't worth much anyway! lol the last time i checked I was told it was worth less then the mortgage.
The overdraft is with hsbc. So should I send the same letter to them aswell?

fermi · 1 December 2009 at 6:38PM

NiD: Google:

coffeedog · 1 December 2009 at 7:03PM

Hi,

I have been following this thread and the last one with great interest and have decided to try the unenforceability route. I have 3 loans from before April 2005, 2 with Natwest and one with Cahoot.:eek: I'm still waiting for Natwest to respond to CCA request letter but have received a CCA from Cahoot.

Having looked at it I think it's valid and has all of the prescribed terms. It has my signature too! I would really appreciate a second opinion as I don't trust myself. The only thing I can see is that they refer to separate Terms and Conditions.

I would really appreciate some help as with my job I can't have a CCJ and if it's valid, i would rather just keep paying to avoid this. I don't care about defaults though.

NID you must work 24/7 with all the advice you are dishing out, it's much appreciated by a lot of people.

Here is the agreement:

http://www.flickr.com/photos/45181932@N06/4150098625/in/photostream/

Thanks a lot - i hope there is something wrong with it

fermi · 1 December 2009 at 7:14PM

coffeedog wrote: »

Here is the agreement:

http://www.flickr.com/photos/45181932@N06/4150098625/in/photostream/

That tells me to sign into yahoo.

coffeedog · 1 December 2009 at 7:23PM

Doh! Sorry. this should work:

Page 1:

<a href="http://www.flickr.com/photos/45181932@N06/4150098625/" title="cahoot pg 1 by totwalters, on Flickr"><img src="http://farm3.static.flickr.com/2726/4150098625_10425c3756_b.jpg" width="768" height="1024" alt="cahoot pg 1" /></a>

Page 2 :

<a href="http://www.flickr.com/photos/45181932@N06/4150859182/" title="cahoot pg 2 by totwalters, on Flickr"><img src="http://farm3.static.flickr.com/2535/4150859182_5098b41058_b.jpg" width="768" height="1024" alt="cahoot pg 2" /></a>

Hopefully that will work. I don't have a scanner and i'm not good at this technology stuff. Thanks v much.

fermi · 1 December 2009 at 7:36PM

http://farm3.static.flickr.com/2726/4150098625_10425c3756_b.jpg

http://farm3.static.flickr.com/2535/4150859182_5098b41058_b.jpg

coffeedog · 1 December 2009 at 8:23PM

Thank you for that fermi. :rotfl:

never-in-doubt · 2 December 2009 at 4:41PM

fermi wrote: »

NiD: Google:

Cheers Fermi - this is part of the 12 test cases isn't it? I was aware MBNA had a big say in that but did not expect them to pull out hours before....?

Its funny though - as quoted:

However just hours before the trial was due to commence at the Manchester Mercantile Court Credit Issues’ nominated solicitors for the case, BPS, were contacted by a representative from MBNA asking what it would take for these cases to ‘go away’

http://blog.creditissues.co.uk/

never-in-doubt · 2 December 2009 at 4:43PM

fermi wrote: »

That tells me to sign into yahoo.

LOL, they tell me that it'd be pointless pursuing unenforceability (unfortunately).... :mad:

fermi · 2 December 2009 at 4:52PM

never-in-doubt wrote: »

Cheers Fermi - this is part of the 12 test cases isn't it?

As far as I know.

I knew MBNA were gutless, but....................

coffedog's original link seems to work now.

Unenforceability & Template Letters II

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