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Unenforceability & Template Letters III

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  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    ju34514 wrote: »
    Marshall Ward taken out in 2004 (running account), after struggling to make payments I go on 'Easy Payment Plan' (fixed sum loan) in 2006 and sign new agreement. Would this now override original 2004 credit agreement ?

    Thanks,
    Ju

    Indeed it would - the new CCA would be for the loan. The old catalogue account would be closed. i.e. you had a catalogue account and spent £1000 then couldn;t repay so they closed this and put you on a fixed term loan with a whole new agreement.

    If that is not what happened, and the catalogue account was left open (and you got in more debt) then you'd send 2 CCA's - one for the loan and one for the catalogue.

    make sense? :D:D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • ju34514
    ju34514 Posts: 52 Forumite
    never-in-doubt wrote: »
    Indeed it would - the new CCA would be for the loan. The old catalogue account would be closed. i.e. you had a catalogue account and spent £1000 then couldn;t repay so they closed this and put you on a fixed term loan with a whole new agreement.

    If that is not what happened, and the catalogue account was left open (and you got in more debt) then you'd send 2 CCA's - one for the loan and one for the catalogue.

    make sense? :D:D




    Hi NID,

    Thanks for that, yes that does make sense. Marshall Ward sent 2 agreements 2004 original and 2006 loan agreement.

    As far as I can remember the whole balance owing on catalogue was changed to the 'Easy Payment Plan' (fixed sum loan) in 2006. My credit limit was brought down to zero so couldn't use catalogue anymore anyway.

    The 2006 agreement which overrides the 2004 agreement does not have a creditor signature, only small printed name, does that matter ?
    A couple of months ago they 'offered' me the chance to pay this debt over 3 years interest free and I ignored them. Do you think they are trying to pull a fast one ?


    Thanks
    Ju
    'The most important things in your life aren't things.'
  • BeenieCat
    BeenieCat Posts: 6,567 Forumite
    Part of the Furniture Combo Breaker
    never-in-doubt wrote: »
    This is not good! Gone Away means they're looking for you as you've moved without telling them! Have a read here to see what this means and any impact it may have on you: Your credit report explained



    Ok - chasing you? i.e. they've not found you yet then?

    I've not moved house, i think i'd just never ever acknowledged the Studio debt, never made a payment not even one! Been at the same address since Mar 2003.

    Crappy1 i did make payments via CCCS although they don't show on the report, that says i haven't paid since 07 :huh: Capquest ring me on a regular basis but i've never answered, andhave been ignoring the letters.
    Studio - Default removal date: June 2012 (whether paid or not)
    Crappy1 - Default removal Date February 2013 (whether paid or not)

    If you pay it or not, the default is wiped on its 6th birthday :p:p

    See this thread I made about CRA's - you'll learn a few things: Credit Reference Agencies
    I'm not gong to be able to clear this debt anytime soon, around 6 years unless i find myself a very well paying job soon! (unlikely), so i'm not sure it makes much difference that the defaults are removed in a couple of years? It'd all be on arrangement to pay so i'm still not sure what to do!!

    I think it's just going to be easier to try for unenforceability and if that means i can't get credit then so be it - i'll be no worse off than i am now and i can't see my circumstances changing that much within that time.

    Thanks for the replies btw, i know my questions weren't really in line with the thread - but i'm bound to have many many more questions that are, when the process begins!
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    ju34514 wrote: »
    Hi NID,

    Thanks for that, yes that does make sense. Marshall Ward sent 2 agreements 2004 original and 2006 loan agreement.

    As far as I can remember the whole balance owing on catalogue was changed to the 'Easy Payment Plan' (fixed sum loan) in 2006. My credit limit was brought down to zero so couldn't use catalogue anymore anyway.

    The 2006 agreement which overrides the 2004 agreement does not have a creditor signature, only small printed name, does that matter ?
    A couple of months ago they 'offered' me the chance to pay this debt over 3 years interest free and I ignored them. Do you think they are trying to pull a fast one ?


    Thanks
    Ju


    Hiya

    Did you actually apply for a loan with them or was it 'sold to you', i.e. you're having this to repay the account kinda style? Please be quite specific as this does matter....

    If you applied or whatever, did you apply online or over the phone and do you remember signing an agreement? You say it has a creditor typed name, this is fine as it acknowledges the creditors agreement..... The issue here is did you sign>
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    BeenieCat wrote: »
    Thanks for the replies btw, i know my questions weren't really in line with the thread - but i'm bound to have many many more questions that are, when the process begins!

    So really you should continue not paying and staying out of the radar for the next couple of years, which sounds like your plan anyway! :D:D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • libbyjade
    libbyjade Posts: 180 Forumite
    never-in-doubt wrote: »
    1. The addresses differ from CCA to Terms
    2. The CCA is not a CCA - it is an acceptance sheet as part of an application form
    3. There are no prescribed terms :rotfl:
    4. The prescribed terms are not on the same page as the signatures nor are they linked to (because there are none!)
    5. The only linking refers to s.23 of their terms and the fact you have read and agree to their terms overleaf
    5a. There is no s.23 attached and their terms that they did attach do not contain prescribed terms nor a s.23
    6. There is no mention of minimum repayment or allocation of payments or percentages (apr) etc....
    7. The terms they sent go from number 1 to number 9 and is not relevant nor legally classified as a compliant CCA.

    Thanks Niddy,

    I emailed you the other 4 pages of the T&C's yesterday as I think they may cover steps 3-7 (my fault for not including them when I originally sent you the docs to look at :p) - can you advise please?

    When you get a min, if you could take a look for me I'd be grateful. I know you've loads on, so just whenever you get the chance pal.

    Do I still send the forged doc letter & if not - what?

    Whatever I do send, do I need to include any of the points you raised in your orignial response to me or should I keep these things to myself for now?

    As ever - Thank you kindly!!
  • averageguy11
    averageguy11 Posts: 420 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    edited 2 March 2010 at 11:30AM
    ******************************************************************************
    Ok, regards to the CCA - respond with this (again unsigned): CCA Query - Terms & Conditions Supplied

    Regards to the offer of payment, you do not need a signature! However why make an offer if you're pursuing unenforceability? You need to do one or the other, why would they take you seriously if you yourself can't decide whether you're going to pay or utilise unenforceability?

    So, if you're not already defaulted then maybe make an offer to pay - if you're defaulted you have nothing to gain by paying as the default will still remain in place for 6 years!

    You need to make your mind up which direction you're taking then we'll be able to advise better. :D
    *********************************************************************************
    Hi...ta for reply..I am happy chugging along on the payment I agreed with them 3 years ago..but they don't seem to be..having chucked me to a DCA..who 'seem' to have passed me back when I told them I'm not going to differ from what ive been doing for the last 3 years...the bit re CCA..is purely so I know what they can/can't do ...seems to me thy wil struggle to enforce on what ive been given to date...agree?

    TIA (enjoyable/imformative thread)
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    averageguy11 wrote: »
    Hi...ta for reply..I am happy chugging along on the payment I agreed with them 3 years ago..but they don't seem to be..having chucked me to a DCA..who 'seem' to have passed me back when I told them I'm not going to differ from what ive been doing for the last 3 years...the bit re CCA..is purely so I know what they can/can't do ...seems to me thy wil struggle to enforce on what ive been given to date...agree?

    TIA (enjoyable/imformative thread)

    Hiya

    So you're making payments? How much is the debt, out of interest?

    If you want to invoke unenforceability you should not be making payments..... :p
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    libbyjade wrote: »
    Whatever I do send, do I need to include any of the points you raised in your orignial response to me or should I keep these things to myself for now?

    As ever - Thank you kindly!!


    Hiya

    why did you only email me half the stuff and not all of it? Mate cmmon! :eek:

    If you're now saying half the stuff is on there, then just work out what is left from my previous post and use the unenforceability checker flowcharts from page 1.... :D:D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • libbyjade
    libbyjade Posts: 180 Forumite
    never-in-doubt wrote: »
    Hiya

    why did you only email me half the stuff and not all of it? Mate cmmon! :eek:

    If you're now saying half the stuff is on there, then just work out what is left from my previous post and use the unenforceability checker flowcharts from page 1.... :D:D

    Hi Nid,

    I did say I'd only emailed you page 1 of the t&c's and the signature page. Still, I accept I should have sent you it all, just didn't want to bombard you with documents to look through.

    Ok, Ill look on your flow chart & see where to go now.

    Thanks
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