Unenforceability & Template Letters III

never-in-doubt · 27 February 2010 at 10:31PM

*** Update to original thread Unenforceability & Template Letters ***
*** Update to follow-up thread Unenforceability & Template Letters Part II ***

The Consumer Credit Act 1974 (CCA1974) & Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) set terms for financial agreements and products such as credit cards, loans, hire purchases, mortgages and other forms of borrowing. These regulations included important items that made the agreement legal and sound. Yet despite these laws, many banks did not include all the important parts within the paperwork. If your loan or credit card was offered or agreed to with a faulty contract or disclosure, the bank may not be able to enforce the agreement. The process itself is really simple to follow, dependant on the following state of progress you fit into from those shown throughout this thread.

There are still lots of questions, regards to unenforceability and whether 'you can get your debt wiped' (or words to that effect!). The bottom line is that if you have a credit product, from before April 2007, and the Lender or DCA has already defaulted you then it does no harm whatsoever to apply for your CCA (Consumer Credit Agreement) to check whether it is lawful. If you're not defaulted and have a good credit file, then this may not be the best route for you as a default is almost inevitable.

To confirm whether your agreement is lawful, it must conform to several criteria, mainly being the Prescribed Terms. The lack of information, lack of signature or even blatant oversight on the part of banks might give you the opportunity to claim your debt agreement is deemed unenforceable, in line with s,127(3) of CCA1974.

To start the process, have a play on the following Unenforceability Checkers and use the flowcharts to determine whether your agreement is unenforceable.

Unenforceability Checker - Part 1
Unenforceability Checker - Part 2
Unenforceability Checker - Part 3
Unenforceability Checker - Part 4
Unenforceability Checker - Fixed Sum Agreement (Loan)
Unenforceability Checker - Running Agreement (Credit Card)

Due to lots of requests, there is now a FAQ section on the thread
Frequently Asked Questions

.

roadster · 28 February 2010 at 8:29AM

NID

2 words -Awesome - Genius

Thank you

:T:T:T:T:T:T:T:T:T

Arfhurdaly · 28 February 2010 at 10:02AM

I have a question. On the diagrams, it says you cant claim unenforeability if the ac was opened post-april 2007. What if the creditor have failed to send a CCA with the prescribed terms?

libbyjade · 28 February 2010 at 11:18AM

Hi Niddy,

I feel privaliged to be one of your first posters on your version III thread!!;):j;):j

Fantastic upgrade, I'm sure people will find your flow chart really beneficial - :beer:

Just to remind you re my cap 1 account

CCA dispute sent
Debt sold to Capquest whilst in dispute - relevant letter sent to capquest

letter now received from Cap 1 with -
(key points) Previously provided you with the current agreement. Further to this, I have enclosed a reconsituted copy of your original agreement when you entered into the agreement on 31/1/04.
I have also enclosed with the reconstituted agreement a scanned copy of the signed signature page of your original agreement.
Please note that this sets out your name & address at the time you entered into the agreement with cap 1.

Prior to signature you were provided with a full copy of the t&c's of your original agreement to keep & were sent a further copy of your original agreement with your first credit card. (thats the main points, rest is threats etc)

Couple of things - the address is correct & has my signature on it

(there is no credit limit or anything else on the page though, just says credit agreement and then details of the CCA 1974)

With the Cap 1 letter & signed page, are 4 pages with the heading Credit agreement regulated by the CCA 1974 and then 24 paragraphs of t&c's - all the pages look like they were manually typed on word at some point and not mike a normal credit agreement t&c's (is this what reconstituted is?)

The charges outlined at very bottom are - late payment/failure to pay £20; returned chq chg £20, overlimit charge £20

The very first line of the t&c's though says 'This agreement is between XXX and the address XXX and us - however the address they've put is my current care of address and not my registered address or where the card was originally taken out at? Have they cocked up here?? :question:

My credit limit is not showing on any of the documents and nowhere on any page does it refer to prescribed terms?? :question:

You did say a while back I'd only done the easy bit, I can see why now!!

Is this looking enforceable now?

I can email you copies of the documents if you need to see them, but won't be able to do it till tomorrow.

Thanks again for all your hard work!!

maz1964 · 28 February 2010 at 11:47AM

good morning NID and everyone

cannot thank you enough for such an update will now be able to see things more clearly in my own minds eye - you have really inspired me so much to really treat all this debt busting as very much like a business idea all coming together in my mad way of focusing to get things done correctly

have a fab sunday lots to read back on and get to grips with but im really excited that i can finally feel im approaching it in a way thats simple for me to be guided by

have a beer :beer:

huge thanks maz

never-in-doubt · 28 February 2010 at 12:36PM

Arfhurdaly wrote: »

I have a question. On the diagrams, it says you cant claim unenforeability if the ac was opened post-april 2007. What if the creditor have failed to send a CCA with the prescribed terms?

Hi the technicalities of post 04/07 are too complex as certain terms were repealed such as provision of s.127(3). I will add a part about this in due course - Stop being too eager! LOL

In a nutshell, all loans etc should have a compliant set of terms etc.... regardless of the date of agreement. Post April '07 agreements can be challenged due to the "Unfair Relationship" aspect of credit agreements; i.e. due to both the technical & human aspects of the relationship between you and the lender.

There will be a post about this in due course, but normal s.127(3) rules do not apply.

The actual image has now been amended to specify I refer to s.127.

never-in-doubt · 28 February 2010 at 12:40PM

libbyjade wrote: »

Hi Niddy,

Is this looking enforceable now?

I can email you copies of the documents if you need to see them, but won't be able to do it till tomorrow.

Thanks again for all your hard work!!

Hiya

It sounds as unenforceable as the others! Send this: CCA Dispute - Forged Document Supplied

Post edited due to being half asleep!

libbyjade · 28 February 2010 at 1:17PM

never-in-doubt wrote: »

Hiya

It sounds as unenforceable as the others! Send this: CCA Query - Copy Document Supplied;

Thanks Niddy,

In the above letter it states - I am requesting that you provide me a copy of the agreement that bears my signature

& I see no reason not to provide a photocopy of the requested document especially since you included a blank signature and date box on the copy you have sent. Why would it be necessary to not provide a photocopy of the actual document if you are going to send what you claim is an exact replica, minus the signatures? Why are you unwilling to provide the signatures anyway, I don’t really understand this stance?

The final page they sent me is a copy of my/a credit agreement with a copy of my signature on, with a signature from Cap 1 and the correct name and address.

Have I misunderstood something??

Sorry, I have read all your last thread, and I know some companies will produce fabricated agreements, is that what you believe this is?

Thanks

midastouched_2 · 28 February 2010 at 1:31PM

Never-in-doubt - you are a rare gem!

I've gone through your threads and am in awe at your patience and work-rate on these forums.

When you consider the enormous help you've given to many, as well as helping many realise that they are not without hope, you should be very proud of yourself as you are doing a wonderful job.

I have a rather complex problem with LTSB and would like to PM you the details for your advice (with your permission of course).

Keep up the great work and thank you again for helping me get back my self-esteem.

:T

chinawhite_2 · 28 February 2010 at 3:58PM

WOW :beer: Thank You

:D:D:D:D:D

Numpty_Monkey · 28 February 2010 at 4:23PM

Niddy next time you're meant to be at work do some:p:p:p:p :rotfl::rotfl:

outstanding stuff :T:T:T:T:T:T
Thanks mate:beer::beer:

Unenforceability & Template Letters III

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