I have un-enforceable loan - but company say they will default me, if I stop paying?

withabix

mouncey wrote: »

Bit strong accusing someone of stealing. They are just exercising their legal right and I hope they succeed.

Not at all.

Also, they are trying to gain benefit from a loophole.

I hope they fail. Expensively.

lclclclc

ok I apologise , I am frustrated about the whole situation, and very focussed on pursuing what I SEE as justice. We'll leaver it there, but I just want to point out, I haven't made mistakes..or been inconsistent. I've expanded on the insurance scenario in a later post. I am simply just trying to liaise with people who have experienced similar situations, and feel its unfair for people to judge. I am justifying doing what I am doing, by virtue of the fact, that they have a legally unenforceable loan with me, which I have repaid in good faith for the last few years, but on discovering that my bank have violated data protection laws - ie mislay my loan agreement, and also broken what I SEE, as some sections of consumer law - then I see them as being held accountable. With regards to insurance, I was simply trying to convey that I see the bigger picture, and I have an appreciation of both sides of the fence so to speak. Nothing personal -I feel vindicated by what I am trying to achieve - justice - if i dont stand up for myself, banks just think they can walk all over people....

lclclclc

withabix wrote: »

Not at all.

Also, they are trying to gain benefit from a loophole.

I hope they fail. Expensively.

wont be the case..you are being pathetic

MORPH3US

lclclclc wrote: »

which I have repaid in good faith for the last few years, but on discovering that my bank have violated data protection laws - ie mislay my loan agreement, and also broken what I SEE, as some sections of consumer law - then I see them as being held accountable.

You won't like what I have to say and will probably kick off on me like everyone else who has disagreed with you, but.....

I love the way you try and justify what you are doing...... making out that the bank have done you a great mischief simply by losing your agreement...

And the even better line where you say how much bad customer service you have suffered from them, like that makes weaseling out of your loan ok..... :rotfl:

And you didn't repay in good faith, you repaid because you had to. Now you see a way of weaseling out of it and you are trying it on.

I should say here, in your position I would do the same if I could get out of repaying a loan to my bank then I would, in fact when I found out what you may be able to do, I wondered if I could get my girlfriend out of paying her loan back.... but I wouldn't try and make out I was all upset by them being crap at reccord keeping and customer service etc....

I'd just admit that i'm skint and I put my own financial situation before that of the bank and if I could get away with paying back the greedy banks then I would do so.

Hippocampus

The Rankine case does not apply here.... the OP is not intending to ask a judge to adjudicate on the enforcability of an agreement. It appears to me that he is prepared to defend any action that the OC MAY onstigate. As it would be the OC attempting to enforce, that would preclude the Rankine judgement from having any bearing here.

For those that are sitting on the fence regarding this (no point trying to change the minds of those with firmly entrenched views), you might like to consider what the author of the CCA has to say about companies who have been somewhat lax in the drafting of their agreement...

© F A R Bennion Website: www.francisbennion.com
Doc. No. 2003.061 JPN008L 167 JPN (2003) 773

Consumer Credit Act 1974 s 127(3)

As the draftsman of the Consumer Credit Act 1974 I would like to thank Dr Richard Lawson for his interesting and well-argued article (30 August 2003) on Wilson v First County TrustLtd [2003] UKHL 40, [2003] 4 All ER 97.

Dr Lawson may be interested to know that I included the provision in question (section 127(3)) entirely on my own initiative. It seemed right to me that if the creditor company couldn’t be bothered to ensure that all the prescribed particulars were accurately included in the credit agreement it deserved to find it unenforceable, and that the court should not have power to relieve it from this penalty. Nobody queried this, and it went through Parliament without debate. I’m glad the House of Lords has now vindicated my reasoning and confirmed that nobody’s human rights were infringed.

In all areas of law, it is the INTENT that matters, and this clearly shows why S127 (3) of the CCA 1974 was included at all.

I rest my case, m'lud.

withabix

lclclclc wrote: »

wont be the case..you are being pathetic

Not at all. I am expressing a sensible point of view.

Did you borrow the money?

You are as pathetic as those twits who take the easy and selfish way out of paying back money they have spent by going bankrupt, to avoid paying back what they owe.

Anyway. didn't some pathetic twit recently lose £100,000 in legal costs when he lost a case like this?

lclclclc

not going bankrupt though am I.. I am solvent, but I am just taking this course of action because i want to... and I dont remember seeing such a case.. if you refer to my ORIGINAL post- the bank have already said that they cant take me to court to enforce the loan - its all getting quite boring with some of you going off on different tangents.. I'll take everything onboard that everyone has contributed..but i'm pressing on regardless. bye.

Renovatio

I am all for the banks marking these "unenforceable debts" as being in default. If these individuals, who happily borrowed and spent the money, want to squirm out of paying, it should be the detriment of their credit file. Let them reap what they sow by suffering with the consequences for six years:D

withabix

lclclclc wrote: »

I am solvent, but I am just taking this course of action because i want to... and I dont remember seeing such a case.. if you refer to my ORIGINAL post- the bank have already said that they cant take me to court to enforce the loan - its all getting quite boring with some of you going off on different tangents. I'll take everything onboard that everyone has contributed..but i'm pressing on regardless. bye.

I hope you get your well deserved Default then. Bye.

withabix

Hippocampus wrote: »

makes you look a [EMAIL="tw@t."]!!!!!!.[/EMAIL]

That will be that mirror you're looking at.