Unenforceability & Template Letters

never-in-doubt

saskia1 wrote: »

Advice needed please!!!!

What do i do now???

Do i send a response back??

advice greatfully appreciated!!!

sas

any spelling in the above is mine!!

Go to page 1 and send the CCA Dispute letter - ignore the bollox the bank have wrote to you, they don;t have a clue! Just follow the process as detailed on page 1 by sending the CCA request letter - amend to suit.

Are you happy to default though (or already?) cos they will default you when you cease payments..... you know this right?

Geoff.P

hi,iv'e been reading this thread for some time now and have sent letters off to capitol one requesting cca,first response was a letter stating the balance and payments due and a leaflet with current t&cs,then i sent the second letter the request query and received a reply 21 days later with a copy of what looks like an application form with my signature on it,it hasn't any of the prescribed terms on it but just above my signature it states (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)again included is a copy of credit agreement regulated by the cca 1974 and a letter basically saying that i clearly have a valid and fully enforceable credit agreement as evidenced by by the documents already sent and have enclosed with this letter.any claim to the contrary will be strongly defended and we will continue to pursue the outstanding balance.
i am now at a loss as what to do next any help would be greatly appreciated

never-in-doubt

Geoff.P wrote: »

hi,iv'e been reading this thread for some time now and have sent letters off to capitol one requesting cca,first response was a letter stating the balance and payments due and a leaflet with current t&cs,then i sent the second letter the request query and received a reply 21 days later with a copy of what looks like an application form with my signature on it,it hasn't any of the prescribed terms on it but just above my signature it states (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)again included is a copy of credit agreement regulated by the cca 1974 and a letter basically saying that i clearly have a valid and fully enforceable credit agreement as evidenced by by the documents already sent and have enclosed with this letter.any claim to the contrary will be strongly defended and we will continue to pursue the outstanding balance.
i am now at a loss as what to do next any help would be greatly appreciated

Exactly the same answer I gave last person #580! They talk !!!!!! and you should ignore them and send the Dispute/S.10 letter off from page 1.

Amend the bits to suit your specific case and their response. Suffice to say it does not comply with the prescribed terms so tell them that! Remember you're in control, being you simply withold payment and they get zilch! Let them take you to court, then defend it with the !!!!!! they sent you (i.e. the judge will listen to your argument that they failed to comply, you warned them not to mess about and so witheld payment in line with the CCA1974)...

Good Luck....

Geoff.P

many thanks N.I.D will carry on with next letter,just needed a bit of reassurance their replies always seem to knock the wind out of me even though i know they are wrong

never-in-doubt

Geoff.P wrote: »

many thanks N.I.D will carry on with next letter,just needed a bit of reassurance their replies always seem to knock the wind out of me even though i know they are wrong

Thats their purpose mate - they try and scare you with big words but bottom line, if the prescribed terms are not intact then tell them you know this and argue with them. Then simple cease repayments - but bear in mind they will add a default.

You can check prescribed terms in post 1 on this thread....

catpaws99

Hi, hope you can help me. My partner has a loan with Northern Rock for roughly £6000, taken out end of 2005. He has made reduced payments on this for 4 months and paid nothing at all this month. (I been made redundant, partner reduced hours) He has been defaulted and we can't afford to pay them! They are being no help won't accept reduced payments and keep 'losing' our I&E forms. Would it be worth trying unenforcibility. Our mortgage is with NR tho. We not worried about not ever having credit again!

never-in-doubt

catpaws99 wrote: »

Hi, hope you can help me. My partner has a loan with Northern Rock for roughly £6000, taken out end of 2005. He has made reduced payments on this for 4 months and paid nothing at all this month. (I been made redundant, partner reduced hours) He has been defaulted and we can't afford to pay them! They are being no help won't accept reduced payments and keep 'losing' our I&E forms. Would it be worth trying unenforcibility. Our mortgage is with NR tho. We not worried about not ever having credit again!

Hiya

Is the loan secured or unsecured? If the latter, then sure - follow the process on page 1 and see what they come back with - can do no harm, but as you rightly state it would affect your ability to obtain credit for at least the next 6yrs (its 6yrs from date of last payment or default date whichever is sooner).....

Best of luck....

captainhaggis

never-in-doubt wrote: »

Mate

You're meant to get the paperwork right and make cheque/PO payable to correct person thus your 12+2 days start from date of receipt with correct payment.

Sorry but that's the way it is..... they are stalling, but its one of the few ways they can stall....

Hi Fella

Thanks for the reply as always. I don't quite understand what you mean by "payable to correct person". I assume you're not referring to a specific individual? How would I find his or her name?

Can the PO just be made payable to "Bank Name" ?

I've been away from home for a week so not sure if any other CCA replies have come back. Will let you know when home in a couple of days.

never-in-doubt

captainhaggis wrote: »

Can the PO just be made payable to "Bank Name" ?

Exactly, that is what I meant by the 'correct person/or company'...

Obviously it doesn't get made to the member of staff, but the actual lender that owns the debt! :beer:

Wispa1

never-in-doubt wrote: »

Usually they will add the fee and PPI refunds to the debt thus reducing the balance so no point in waiting, start the process now....



If they have already defaulted you then i'd not be paying anyway - but the only person that can make that call is you....



Yep sure are - they are governed by the CCA1974 as are credit cards etc...



If they are unenforceable then you pay nothing and after 6yrs they become statute barred. The longer you pay them can hinder things, for instance you pay for 5 years and in year 6 they apply for a CCJ - you'd end up 12 years with derogatory data. Cease paying, they will act once and then after 6yrs it becomes statute barred.

read page 1 and the letters for an idea as to the laws and processes.....

Thanks NID for all your help. I have a Fixed loan agreement with First National Tricity Finance taken out Oct 06 but as it was a 12 months interest free credit loan, payments were not due to begin until Oct 2007. I just need some advice on the "prescribed" terms front please. All of the prescribed terms are listed on the agreement apart from the date of the payments. It says "you must pay your first installment 12 months after we open your account, we will write to let you know when that is. Subsequent installments are due on the same day each month" Does this cover the section on payment dates in the prescribed terms and would this make the agreement enforcaeable or unenforceable? Any help is appreciated. Thanks:huh: