Unenforceable Credit Agreements

esmerellda

cheekymonkey20 wrote: »

Esmerellda, have 2 cca's one i know is unenforcable cuz before april 2007, the loan i think i may give up on, cuz it is enforcable.

Is there a letter template anywhere so i can send it to the cc people???

what makes you say the one pre april 07 is unenforceable?

cheekymonkey20

well it has more of a chance than the one post april 07

cheekymonkey20

wats the template for the second letter

esmerellda

pmsl - well yes there is that. Do you have a copy of that one?

The CCA can be used to help get repayments etc on your terms, so i would carry on with both to help you in that respect.

esmerellda

Second letter? okay have a look http://www.legalbeagles.info/forums/showthread.php?t=70 post #9

Have a read of the whole guide, it should help you

SuperSeagull

I have got into difficulties and am unable to pay off my Capital One Card who have sold it on to Fredricksons who are demanding repayment in full within 14 days or court action and bailiffs to take my goods. I am wishing to fight them and am just starting out. I have had the account for about 5 years could it possibly fall into the category of this thread? What is the first course of action that I should take?. Any advice would be gratefully received.

petermb_2

SuperSeagull wrote: »

I have got into difficulties and am unable to pay off my Capital One Card who have sold it on to Fredricksons who are demanding repayment in full within 14 days or court action and bailiffs to take my goods. I am wishing to fight them and am just starting out. I have had the account for about 5 years could it possibly fall into the category of this thread? What is the first course of action that I should take?. Any advice would be gratefully received.

Have you missed payment or got arrears on the card any time in the 5 years?
There may be overcharges that you could claim back. Any fee over £12 is overcharge. You can go back 6 years so you can go right back to when you first took out the card.
If you dont have all the statements, SARN them.

SuperSeagull

SARN them what is that and what does it stand for.

eira

Have bleated long and loud about Barclaycard/Mercers/refusal to honour Section 75/account numbers that don't match etc. Latest chapter is an account no from Credit Solutions (who've also written as Power2Contact) of which I have no record-either the number or the alleged amount owed.Sent them a letter asking for the agreement etc-sent that to Power2Contact-no reply/thern gopt an offer of a special deal from Credit Solutions to pay it off.
Today i got as letter which says
'Further to your recent request for information, please find above current the outstanding balance on this account
Credit Solutions Ltd does not hold specific account information (eg insurance details) on our systems
I trust that this information is sufficient
If you have not already done so, please forward payment or your proposals for settling the above account'

This is a bog standard mass issue letter so it isn't one prepared just for me.Over the years I have tried to extraxt some sense out of Barclays who've passed me on from one agency to another but produced only 2 very badly photocopied back page application for a card (which accounts for two maccounts) and three 'statements' that has no indication of charges or interest or anything. All the Section 75 documentation I sent they allege is lost-and 'anyway they don't keep paperwork longer than 12 years'

Anyone any comment on the above letter ???

Bonniebanks69

Sorry if posted elsewhere, but I have seen a number of adverts claiming to be able to write of credit cards and unsecured loans if taken out before the 1st April 2007, due to them being legally flawed in some way.

Has anyone had any success with these companies? I've seen documents showing this to work and also been told that one of these companies got 200 claims won out of court last month :eek:
I've also been told the lenders will try and convince everyone that this claim to utter nonsense to avoid paying out.

I have a friend who put 4 credit card claims through a claims management company. 3 of the lenders are refusing to release his records sighting various excuses, but one company MBNA I think did release his payment records. Now a few weeks ago out of the blue they called offering to clear 70% of his card balance and put him on a payment plan for the rest if he "signed a letter" and returned it to them. I've no idea what the letter said but it got me thinking, maybe there is something in this afterall?