Unenforceability & Template Letters

terimon

I badly need to buy a scanner

terimon

Hello n-i-d that NatWest reply was to the letter you told me to send in post 503 of this thread.

Thanks once again for all your brilliant help.

hart_2

Excellent thread for a newbie, keep it up!

terimon

Agree hart i am renaming Never-In-Doubt

Arise Sir Never-In-Doubt

captainhaggis

terimon wrote: »

Hello again Never-in-doubt. NatWest replied back

I write with reference to your recent request under section 78 (1) to supply copies of the original agreement set out under the Consumer Credit Act.

We appreciate that under s.78(6) of the Consumer Credit Act if you decide not to meet your obligations under the card agreement as they fall due we will be unable to take steps to enforce repayment of the card debt by court action. Nevertheless, we expect you to meet your obligations under the agreement, bearing in mind that the agreement isn't void, and remains valid albeit unenforceable.

We do not dispute that the agreement is currently not enforceable so we see no need for any threatened action to obtain a court declaration to that effect.

For the avoidance of doubt and as previously advised if you do not make the card repayments as they fall due we will report your default to the Credit Reference Agencies.

-The information Commissioner Office have considered the circumstances in which credit reference agencies should be permitted to record details of unenforceable credit agreements.

-The ICO has expressed the view that where a credit agreement clearly existed and credit has been provided to the debtor and notwithstanding that it may not fulfil all the requirements of the CCA and as a consequence, the agreement is unenforceable, it is appropriate for information about the agreement, including any failure by the debtor to repay his or her debt, to be recorded with the credit reference agencies. A factor in the view expressed is that responsible lending decisions are dependant upon lenders receiving accurate information about individuals' ability (and/or inclination) to repay their debts.

This is our final response in the matter.If you are dissatisfied with this final response, you may refer your concern to the Financial Ombudsman Service. I can assure you that we will co-operate fully with any investigation they may undertake. If you decide to take this course of action, you must do so no later than six months from the date of this letter.

The enclosed leaflet, produced by the Financial Ombudsman Service, gives you more details about what thet do and how you can contact them.

Yours sincerely

WOW! That has to be one of the most candid responses from a bank I've ever read. They are admitting that the debt isn't enforceable! Superb.

Now I guess you have the choice to make - do you cease payment knowing that NatWorst won't come after you BUT that you will be defaulted (rightly or wrongly) OR do you continue to make payments of some nature OR negotiate with NatWorst for a SIGNIFICANTLY reduced F&F on the condition that they don't register a default.

They might be prepared to trade off the default in favour of getting atleast some money from the debt.

Either way, well done. Good work to you and NID.

Grifter09

Hi, I hope I've put this in the right place. I am Just about to start going down the unenforceability route with 2 credit cards. I also have an unregulated marine mortgage (loan) secured against my boat which I am desperatly trying to sell. They have issued a repossession order. Can I go down the unenforceability route on this type of agreement. It is pre April 2007.

Also with the credit cards, what comes first, the charges reclaim or the unenforceability? Thanks

never-in-doubt

terimon wrote: »

Hello n-i-d that NatWest reply was to the letter you told me to send in post 503 of this thread.

Thanks once again for all your brilliant help.

Nice one mate - knew they'd do that anyway, they had no choice really! Now you have to return with the letter above (How to remove a default) and send that to the CRA's with a copy of the Natwest letter - hey presto, default removed

Buy yea, that is how you get a debt made unenforceable lol - well done.... :T:T:T

never-in-doubt

captainhaggis wrote: »

WOW! That has to be one of the most candid responses from a bank I've ever read. They are admitting that the debt isn't enforceable! Superb.

Now I guess you have the choice to make - do you cease payment knowing that NatWorst won't come after you BUT that you will be defaulted (rightly or wrongly) OR do you continue to make payments of some nature OR negotiate with NatWorst for a SIGNIFICANTLY reduced F&F on the condition that they don't register a default.

They might be prepared to trade off the default in favour of getting atleast some money from the debt.

Either way, well done. Good work to you and NID.

Noooo do not offer Natwest money - after unenforceability this should be something you never ever ever do! Sorry mate be careful what you're saying!!!

Simply send the letter above to the CRA's and ask them to remove the libellous data that Natwest have registered....... do not offer money on an unenforceable debt!

never-in-doubt

Grifter09 wrote: »

Hi, I hope I've put this in the right place. I am Just about to start going down the unenforceability route with 2 credit cards. I also have an unregulated marine mortgage (loan) secured against my boat which I am desperatly trying to sell. They have issued a repossession order. Can I go down the unenforceability route on this type of agreement. It is pre April 2007.

Also with the credit cards, what comes first, the charges reclaim or the unenforceability? Thanks

What is a marine mortgage? lol - sorry, i've no idea about them but I assume the principles remain..... when you say unregulated, how so? If it is unregulated then they cannot do a lot really can they, its like a loan shark - so you walk away surely?

Regards to cards, sort the charges first cos if you do unenforceability first any reclaims will be added to the debt.....

Grifter09

to my understanding a marine mortgage is when the monies are secured against the vessel as opposed to a marine loan which is unsecured? I was led to believe by the Bank of Scotland that unregulated means it is for over £25K so the CCA does not apply????? Thanks for your quick response. A quick note to say thanks for all you do, I have spent days going through your posts and feel so much less stressed to know there are things that can be done and I am not alone.