Unenforceable Credit Agreements

epsilondraconis

never-in-doubt wrote: »

hmmmm, porkies eh? Care to elaborate....? :eek:

Squeal piggy, squeal!

Cashpig74

LOL - hmm. Porkies as in piglet!

I am an honest and lawabiding member of the public. My badge says so and I pin it on and polish it up each morning before going to work as a traffic warden.

:-/

nzseries1

epsilondraconis wrote: »

I'm not sure which is the most shocking, the poor use of grammar, or the fact that you've admitted in open forum that you watch the Gladiators!

Can we stop the abuse of each other, and focus on what's really important here... the pointing out of bad grammar!

I was only watching Gladiators because ... um ... I wanted to see if it was as good as the old 90's version. It's nowhere near as good.

redpete

Can we stop the abuse of each other, and focus on what's really important here... the pointing out of bad grammar!

Happy to oblige...

Jennifer_Jane wrote: »

I blame the Americans.

They're the ones who have changed perfectly good words like 'burgled' to 'burglarized' (NB the z as well).

Nothing wrong with ize, it comes from the original Greek root of many English words, unlike ise which shows the recent influence of Latin and French on our venerable culture.

Unusual for the Americans to be more cognizant of tradition.

Whitey_McFlighty

Andy, you must be very proud of all those little medals under your tag!

epsilondraconis

redpete wrote: »

Happy to oblige...

Nothing wrong with ize,...

Remember redpete, ize isn't everything, its what you do with it that counts.

Cashpig74

When can a consumer claim compensation from the lender when claiming that the agreement is unenforceable..?

Is there a situation when the borrower is also entitled to receive a payout too - say repayments paid back?

I know this can happen but do not know under which circumstances, I have been told that IF the lender fails to produce an agreement (ie loses it and admits as much) then this is one of those situations where loan or credit card past-payments can be paid back to the consumer.

Thoughts please - not stupid ones though - you know who you are!!!:beer:

cheekymonkey20

I have £1000 to clear off a card with Halifax.. but I want to know the step by step process... cant seem to find a dummies guide. All i can find is people discussing the morality of it.
I have come across some DIY letters tho! Any help for a step by step guide would be great, if anyone has done this themselves. Not morality issues tho please, it could turn into a massive debate like the other threads.

Dear Sir / Madam


Re: Account No:

With reference to the above account, I would be grateful for a signed copy of my Consumer Credit Agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of this agreement upon request. I therefore enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand that a copy of my credit agreement should be supplied within 12 working days.

I also understand that under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.


Yours faithfully

******

Dear Sir / Madam
Account Ref No......
Re: My request under s77/78 of the Consumer Credit Act 1974.

My request for a copy of my properly executed Consumer Credit Agreement remains outstanding.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter 2nd April 2009. Upon receipt of the original request the specified account legally entered into a disputed status.

My request remains outstanding as the form you sent was UNSIGNED. !

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until 14th April 2009 to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on 14th April 2009 and subsequently committed a criminal offence on 14th April 2009.

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

I would appreciate your due diligence in this matter.

I look forward to your reply.

Yours faithfully

*****

I think there should be a letter inbetween these.

Cashpig74

hi mate. I will send you a private message about it. EVERYONE questions the morals on here.!

cheekymonkey20

i have seen things on various forums sugesting as much.

This whole thing seems a bit hush hush... i can imagine it would be simple to go through the companies doing it as there is not a lot of information out there. I am looking at doing it, but want a step by step diy process as getting a little confused.

There are too many moral issues about it, dont you agree.