unenforcable loan??

never-in-doubt

SueSueSue wrote: »

Morals are always the argument of someone who is wrong and knows it.

Morals is someones View, it cannot therefore be determined whether a 'moral' is correct or incorrect but suffice to say, you are indeed wrong (seems to happen a lot with you)...

If there is no CCA then there is no debt - simple. Live with it.

mikeandrach you need to request CCA and then depends what they send back, if anything, depends what your next step is.

Read here for full guidance and letters: http://forums.moneysavingexpert.com/showthread.html?t=1868507

p.s. I am also on CAG and am totally behind unenforceability and dodgy lenders. Can I ask, when did you take the littlewoods account out? Is it the one that came with the card? (Maybe LX Direct?)

mikeandrach_2

no card. just simply went to littlewoods.co.uk and orderes the items. did the same for kays and additions, however had issues with products delivered incorrectly, rang them to do new order and phone operators confirmed it was def buy now pay later 3 times!! i checked to be sure.

i ordered the items in jan/feb this year, opened accounts in either december or january. i have asked for a signed copy of the credit agreement from littlewoods, and said that if they cant supply it i won't pay. i will see what outcome of that is before challenging their other names

never-in-doubt

mikeandrach wrote: »

no card. just simply went to littlewoods.co.uk and orderes the items. did the same for kays and additions, however had issues with products delivered incorrectly, rang them to do new order and phone operators confirmed it was def buy now pay later 3 times!! i checked to be sure.

i ordered the items in jan/feb this year, opened accounts in either december or january. i have asked for a signed copy of the credit agreement from littlewoods, and said that if they cant supply it i won't pay. i will see what outcome of that is before challenging their other names

If you opened accounts Dec/Jan/Feb then unenforceability is not an option. It is only for agreements prior to April 2007.

This would mean you have to pay..... :mad:

Surely you checked that out first....? Also, you'll have restricted rights and so the best advice would be to clear the debt - or at least put the account into formal dispute and issue s.10 threat (Cease & desist from processing data) whilst you sort out the disagreement..... Unenforceability though, is not an option.

mikeandrach_2

what difference does it make? i am sure you are right but at the end of the day if they were to write to me now and say i owe them 3k for a sofa i ordered last week, (which i didn't), would that mean i have to pay it?

never-in-doubt

p.s. have you considered requesting SAR and specifically request a copy of said telephone conversation? You'd probably be best reporting this to FOS and mention that the proof is in the phone call, if they cannot provide proof then let the FOS make judgement.....

mikeandrach_2

i have asked for the phone rcording or a transcript, they said they can't find it. what happens now then if i just sit tight and say no agreement = no money from me? surley they can't demand money for an account they have no proof of

never-in-doubt

mikeandrach wrote: »

what difference does it make? i am sure you are right but at the end of the day if they were to write to me now and say i owe them 3k for a sofa i ordered last week, (which i didn't), would that mean i have to pay it?

What difference would it make? A lot - the law! The act changed and as such only agreements taken before April 2007 are considered for unenforceability..... even if they do not have a CCA there is nothing you can do because there is no such thing for new agreements.

I am right, no doubting that, but the point i'm making is that you cannot try and follow a route that does not exisit. There is absolutely no provision for Unenforceability with agreements taken post April 2007. the Government amended the CCA 1974 and removed the unenforceability section with the Consumer Credit Act 2006 which came into effect April 2007


CCA 1974 (127(3))

Subsection 127(3) was repealed on the 6th of April 2007 so that unenforceability due to 127 (3) will only apply to agreements executed before that date.

never-in-doubt

Just to add, sometimes agreements can be made unenforceable after April 2007 only and this is a huge only, if it breaches the Unfair Relationship aspect of credit agreements. This is complicated and a reasonably new appraoch so don't hold out for it - not really much chance of success...

mikeandrach_2

so basically, if i owned littlewoods, i could type in a perons name and address, send them a small box containing a camcorder for example, then start demanding money for it?

never-in-doubt

mikeandrach wrote: »

so basically, if i owned littlewoods, i could type in a perons name and address, send them a small box containing a camcorder for example, then start demanding money for it?

Of course i'm not implying that but what I am saying is forget unenforceability, you will be fighting against sale of goods act os similar.

Lets not get confused here, i'm specifically stating you cannot attempt unenforceability - therefore requesting a CCA is fruitless.

If you have an underlying complaint, you ought to follow the laws and procedures in place dependant upon the situation. i.e. if you were mis-sold then you go to FOS, if it is incorrect data you go to ICO, if it is selling dodgy goods you go to Trading Standards and if it is a complaint about the products and/or service then you complain to the regulator of the sale of goods act.

Have a mooch here: http://www.johnantell.co.uk/SOGA1979.htm