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    Unenforceability & Template Letters II
    • #1
    • 14th Nov 09, 10:35 AM
    Unenforceability & Template Letters II 14th Nov 09 at 10:35 AM
    Unenforceability & Template Letters II

    *** Update to original thread Unenforceability & Template Letters ***

    There are still lots of questions going around the forum 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 company 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. To confirm whether it is lawful, the agreement 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.

    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 important parts of the loan in the paperwork. If your loan or credit 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 below.

    Some of the recent court cases and judgments are shown below to put your mind at rest, i.e. nothing much has changed whatsoever - if in doubt ask a question and we'll advise as appropriate.

    The main 2 judgements, of recent interest are highlighted below;
    This case is what the recent Manchester Test case will be known as. In a nutshell, the basis of the Judgment was that the claimant should repay the amount owing even though the lender did not have an original agreement. This case also served to highlight the facts of what is deemed a True Copy.
    by Carey v HSBC Bank Plc {2009} EWHC 3417 (QB)
    This case was a unique case in its entirety being that there were specific exclusions to the norm. In a nutshell, the Judgment clarified that a lender can report account conduct (i.e a default) to the CRA's even though the debt is unenforceable.This is not the last of this, more to follow as and when we get updates.
    by McGuffick v RBS
    Common abbreviations used throughout this thread
    CCA (1974) - Consumer Credit Act 1974
    CPUTR (2008) - Consumer Protection from Unfair Trading Regulations 2008
    CCAR (1983) - Consumer Credit (Agreements) Regulations 1983
    CC-CNCDR (1983) - Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983
    DPA (1998) - Data protection Act 1998
    CCA - Consumer Credit Agreement
    ICO - Information Commissioners Office
    FOS - Financial Ombudsman Service
    OFT - Office of Fair Trading
    TS - Trading Standards
    OC - Original Creditor (the lender)
    SB - Statute Barred
    DCA - Debt Collection Agency
    CRA - Credit Reference Agency
    FPA - Fraud Prevention Agency
    This thread was last updated on: 27 February 2010
    Last edited by never-in-doubt; 27-02-2010 at 3:16 AM.
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