Incorrect Credit agreement

gargrave50

It is a good idea to post your SOA also, as we could help with your budgeting which would help you to make some savings which could go towards debt repayments.

http://www.makesenseofcards.com/soacalc.html

danser01

Hi All,

Sorry to jump on someone else's thread but I came accross this when I was looking for information about a company called Check You Agreement (checkyouragreementuk .co.uk), as they cold called my mother in law and I was just checking the details of the company for her.

I have 3 credit cards that were all taken out a few years ago, so I was wondering if I would fit into the claimable bracket. As I understand I have to do the following:

Scan the original (if I can find it) Terms & Agreements onto Photobucket and then post the link (in this thread or is there a specific thread for these scans?)

If I don't have the original, use the template provided by GettingBetter to aquire from lending company

If someone on here does confirm that my CC agreement is not valid, what would be my next steps?

In all honesty and trying not to sound lazy, I would happily forfit some money for a company to do this for me as I work very long hours and am away from home quite often. Does anyone have any experience with any companies that do this? After reading Tixy's BBC link I wouldn't want to go with the one that just 'looked' the best!

Thanks for any help and advice!

pinkie_pie

Eeek I signed mine as I got the template of the debtline website and it didn't say not too....

However, three companies have already responded appropriately, and the last... they haven't yet, however surely I can prove if they copy my signature as it's my married signature and the account is still in my maiden name so that's okay right?

Goodtimesahead

Question if you make a full & final settlement with a DCA say settle a £2000 debt for say £1000, is that the end of the matter or can the DCA sell the other £1000 onto another DCA? Also is it possible to have a default removed after you have made a full & final settlement offer say a year or two later? or do you have to wait until 6 years is up!

I know its easier to do it as part of any settlement but can it be done after full & final settlement, what about if you have no recollection of receiving any default notice or is that not possible as you have already paid the debt and therefore the DCA can argue that you must of received it in order to have settled the debt?

Tixy

Ok answers in order

Danser - I appreciate what you are saying but I really don't know of a good company who would check this for you - it really doesn't take that much effort. Yes to sending gettingbetters letter and scanning on here. If not enforceable you have variosu options, such as you could agree to pay them if they stop charging interest, you could negotiate a vastly reduced full & final settlement and pay off part of your debt, or you could refuse to pay anything. If you do the latter they will probably continue to hound your for the money or sell on to a new DCA every few months who will also chase you with you having to keep responding the consumer credit act has been breached over and over, plus they are likely to keep reporting the info on your credit file (they shouldn't but they often seem to).

Snowedunderitall - you will be fine I think, if they use your married signature its quite blatant that thery are committing fraud and you shall definatley be complaining about them (won't you!).

Goodtimesahead - you need to get the right wording on your written letter from the creditor so no one can chase you for the 'remainder'. Look at the national debtline website sample letters as they have a good exampl of what you need to include. Also I think they have a factsheet on the subject. EDIT http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers

Hope this helps all.

matty71

Hi Tixy

you seem very knowledgable, I have a problem that I was hoping you can help with, my partner and I entered intowhat we thought was a joint account with welcome finance. Basically we both signed an agreement to merge our HPI and two individual loan agreements with welcome. We were told that after three successful months of paying they would reduce the interest rate down to 0%, however when the end of the three month period elapsed they refused to reduce the rate, when we then looked at the agreement we also realised that they had actually put all loans under my name only,even though we had both signed, can you tell me what my rights are in regards to this, would my agreement be uneforceable. Also I have requested my CCA however, they can not provide me with a copy that is readable, every copy they send is a blur.

DarkConvict

You should start your own topic rather than people getting confused by reading the top post.

Firstly CCA only applies to agreements before April 2007.

As to the CCA, it must be legible. http://forums.moneysavingexpert.com/showpost.html?p=33791751&postcount=15

The odds are they may have lost your CCA so making a blurred one up. If they can provide a CCA and it was the one you signed then you are bound to it, you should have read the terms of the document.
Although as you say you both signed so maybe something has gone wrong. Refusing to pay on grounds of no CCA will still trash your credit file so you may have better luck going via FOB/OFT/FSA/Trading Standards/Consumer Direct for the loan to get it correct to avoid you been landed with a bad credit file for 6 years.

For more help you can ask never in doubt, who is no longer a user here, so you must goto his forum instead - http://www.forum.bankruptcyandlivingwithit.co.uk/viewforum.php?f=35

BigCraigJohn

danser01 wrote: »

Hi All,

Scan the original (if I can find it) Terms & Agreements onto Photobucket and then post the link (in this thread or is there a specific thread for these scans?)

No dont do this, the idea is to see what they have. Dont go telling the creditor you have a copy.
After all using enforceability is only to be used as a defence and not the other way round ie go to court and the emphasis would be on the claimant to prove they have an original correctly executed agreement before they can get a ccj.


If they dont have a copy or its wrong then its unenforceable but chances are they wont agree.

DarkConvict

Big note to everyone, this is an old topic. The new post starts at #18