Unenforceable Credit Agreements

aj2703

worried_jim wrote: »

They have written back and told me they cannot supply a copy and apologise. they enclosed a copy of my terms and current balance.

Do i have any recourse to follow this up ? Is what my financial avisor saying correct, or simply 'hearsay'. Do I pay the card in full or take it further ?

Many thanks in advance

Craig, I think that it just means that they can't enforce the debt but it doesn't get written off and it would still show as a balance outstanding and in default on your credit file. I would expect 6 years of letters and the debt being sold on, you just would never end up with a ccj or a charging order against your property.

I am not sure if the is correct Jim. I thought that if you placed the account in dispute then the company cannot default or add charges etc or even sell the debt on...?. Take a look at this link and inparticular posting number 6 http://forums.moneysavingexpert.com/showthread.html?t=963087 pay particular attention to the bottom half of the letter


"Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****, 2007)"

I don't think it can be defaulted while in dispute.

Enlightenment

aj2703 wrote: »

"Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****, 2007)"
.

Correct, they should not add charges or defaults whilst it's in dispute, but Worried Jim hasn't put it in dispute yet.

Oh and BTW send everything by recorded or special delivery and always keep a copy for yourself.

aj2703

Enlightenment i think the OP is Craigb42, Jim was just advising him . As for not being in dispute then no he'd have to send the letter in placing it in dispute etc asap.

Enlightenment

Ooopps my bad, well then same advice goes to Craigb42 then

Hackneygirl

noah271007 wrote: »

You think it is right to get 14K written off due to no CCA? I agree he shouldn't be labelled as a "loser" and of course have the right to explore possibilities. But if this goes to court, then it is likely the judge will throw this out! Just because there is no CCA doesn't mean you can get it written off!!

where did I say that?

I just said craig should get advice and good luck to him

who mentioned court

epsilondraconis

Perhaps there should be a board specifically devoted to people that want to wipe their credit card debts simply because no credit card agreement exists. That will be perfect for Hackneygirl et al.

Perhaps we could also set up a board for those that don't use capital letters at the beginning of sentences and full stops at the end. That'll be another board that Hackneygirl can frequent.

aj2703

epsilondraconis wrote: »

Perhaps we could also set up a board for those that don't use capital letters at the beginning of sentences and full stops at the end. That'll be another board that Hackneygirl can frequent.

We could also setup a board for muppets like you who make useless comments. It's no big deal to most of us grownups what a persons punctuation is like. Grow up mate.

Hackneygirl

epsilondraconis wrote: »

Perhaps there should be a board specifically devoted to people that want to wipe their credit card debts simply because no credit card agreement exists. That will be perfect for Hackneygirl et al.

Perhaps we could also set up a board for those that don't use capital letters at the beginning of sentences and full stops at the end. That'll be another board that Hackneygirl can frequent.

LOL this just gets better - we are not only being judged here for owing money on credit cards but on how we write our posts - who really cares

I will be frequenting this forum as and when I want to and I will type in any style I want to - dropping capitals and kicking full stops makes me feel good

epsilondraconis

If you're saying that punctuation isn't unnessary, then why does it exist.

Anyway, I take your point that my comments didn't enhance the thread or help the OP. I just get annoyed that there are so many threads devoted to people simply try to get out of their debt responsibilities.

Perhaps I'm just old fashioned. I just think that standards are dropping generally and people don't take responsibility for their own actions.

noah271007

epsilondraconis wrote: »

If you're saying that punctuation isn't unnessary, then why does it exist.

Anyway, I take your point that my comments didn't enhance the thread or help the OP. I just get annoyed that there are so many threads devoted to people simply try to get out of their debt responsibilities.

Perhaps I'm just old fashioned. I just think that standards are dropping generally and people don't take responsibility for their own actions.

I have to nod in full agreement with you there! People are not learning to take responsibilities for their own actions. I have to point out however that the companies are not helping themselves either - they are at fault for allowing the possibility of a debtor to write off the debt simply because they are unable to find the CCA documents or paperwork not followed correctly for it to become a void CCA.