Unenforceability & Template Letters

never-in-doubt

James - did you read this link mate? This will confirm they cannot touch your house: Dealing with Bailiffs

Obviously you do not pay payplan or anyone else for that matter any money! You are not here they cannot touch you nor your house.... yea, worse case they may add a charge to it but thats a risk and would only come into play if and when you sell the house. Worth the risk if you ask me!

soot1975

Hi Never In Doubt

Thanks for your reply and vote of confidence however I'm certain it isn't as certain as that.

If I ignored or stop paying the debts and the UK banks make me bankrupt in my absence then I lose my house.....

a Bankruptcy order issued in england will be valid throughout the EU, and service can be achieved out of jurisdiction.

So surely the only option I have is Unenforceability on my 2 older creditors(Cahoot & Barclaycard) as for Alliance & Leicester well as this is after 2007.....well that's a tricky one.

Your thoughts please...???

James....

never-in-doubt

soot1975 wrote: »

If I ignored or stop paying the debts and the UK banks make me bankrupt in my absence then I lose my house.....

A little extreme - they dont make people bankrupt, who told you of such things? It is unsecured debt right? i.e. nothing tied to your mortgage? Then the worse they can do is a charging order.

soot1975 wrote: »

a Bankruptcy order issued in england will be valid throughout the EU, and service can be achieved out of jurisdiction.

Only to certain places and not 100% as of today. But this wouldn't happen, something has spooked you into this false belief...? For the amounts you mention trust me, it is highly unlikely they will make you b/r! In fact almost 100% they won't!

soot1975 wrote: »

So surely the only option I have is Unenforceability on my 2 older creditors(Cahoot & Barclaycard) as for Alliance & Leicester well as this is after 2007.....well that's a tricky one.

Is that your only options? Ok.....

Personally i'd look at other options but this is you. Regards to unenforceability, you can ask for the CCA so start by sending the first letter in this thread to the two older than April 2007. The one after then, forget it. You'll just have to pay-up or look at alternative options that I am not going into on a public forum

soot1975

Ok Never In Doubt

I was reading some other forum and yes I was spooked.

I've also sinced learned that Cahoot Loan Agreements are Water Tight....:mad:....so was thinking about unenforceability because of a dispute in the amounts......the same with A&L (after 2007).

As for Barclaycard well I'll try your request for CCA! :beer:

I'm still interested in your opinion and how I could deal with these sharks...

Thank you for youe continued help & support...

James

soot1975

Oh...I just read the "public forum".....haha...can you PM me at [EMAIL="admin@cvbrands.com"]admin@cvbrands.com[/EMAIL] thks...

soot1975

Hi Never-In-Doubt.
Do you have an update please?

soot1975

Ok Never In Doubt

I was reading some other forum and yes I was spooked.

I've also sinced learned that Cahoot Loan Agreements are Water Tight....:mad:....so was thinking about unenforceability because of a dispute in the amounts......the same with A&L (after 2007).

As for Barclaycard well I'll try your request for CCA! :beer:

I'm still interested in your opinion and how I could deal with these sharks...

Thank you for youe continued help & support...

James

Jackswan_2

never-in-doubt wrote: »

Nope, its not about companies - more about the time you took credit. You need to get the CCA and then compare against prescribed terms in the first instance. Only then will you know because they will either send it, send a blank one or say they cannot find it.

Different scenarios then take place dependant upon what response you get, if any. :eek:

I am chasing Sainsburys Bank (Bank Of Scotland), they have produced a copy of my original application form for a credit card dated May 2001, so there is no problem witht he pre 2007 scenario.

I note that the application form is headed:

Sainsburys Bank Sainsburys Credit Card.
CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974.

The only other entries on the form are my name and address, bumpf about
Credit Care. Applicants Signature where it asks that I confirm that the particulars and information provided by me to Sainsburys are true and correct and that I agree to be bound by the Conditions of Use.
This is a Credit Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms.

The Consumer Credit Act 1974 had not been explained to me.

However, what I am trying to establish is whether this signed application means that the debt is enforceable.

never-in-doubt

Jackswan wrote: »

I am chasing Sainsburys Bank (Bank Of Scotland), they have produced a copy of my original application form for a credit card dated May 2001, so there is no problem witht he pre 2007 scenario.

I note that the application form is headed:

Sainsburys Bank Sainsburys Credit Card.
CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974.

The only other entries on the form are my name and address, bumpf about
Credit Care. Applicants Signature where it asks that I confirm that the particulars and information provided by me to Sainsburys are true and correct and that I agree to be bound by the Conditions of Use.
This is a Credit Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms.

The Consumer Credit Act 1974 had not been explained to me.

However, what I am trying to establish is whether this signed application means that the debt is enforceable.

Look at page one of this thread and check out the prescribed terms against the agreement to know if it is sound or not. The format laid out is self-explanatory and easy enough - just follow the prompts.

soot1975

OK....I'll guess I'll never know.....