Is my CCA unenforceable?

LongTermLurker

never-in-doubt wrote: »

Originally Posted by LongTermLurker
You requested a credit card and accepted their offer of a loan. You paid a pittance for the first 6 months and prudence would have suggested you put more to one side so that you could pay it off later. You signed the agreement and now you want to walk away, taking the balance of their £4.5k

Jones has given you the best advice you're going to get - go to the DFW board and seek advice on how you can get yourself back on track, paying back your lenders as you go, rather than screwing them for being foolish enough to lend you money in the first place.

What a muppet! Who are you to dictate to the OP about right and wrong? Jees, there is always one isn't there As for Jones thanking your downright disgraceful post, well that's another matter altogether isn't it! Shameful.

I didn't dictate anything, she did accept the offer of a loan, even though they could have rejected her; she did, by her own admission, pay less for the first 6 months than she thought she should have; she did sign the agreement, and has been shown up by being presented with her signature. And she does, it seems, want to take the money and scarper. She didn't say "I'm having trouble paying it, my kids are starving and we're having to share the same set of clothes". I'm not being judgemental about her situation, but there's nothing gets my goat more than someone who's happy for me to pay my way through life so long as they don't have to. Morals may not stand up in court, but being "decent" is a sign of humanity.

Jones (and I) gave the OP the best advice possible - go to the board which has lots of people on it who have experience of sorting their debts. My only experience of such things is to buy cheap food and make do with the things I already have round me, until I was clear again. She'll get more pro-active advice on the DFW bord than from someone who promotes scrounging your way to retirement.

What I find ironic is that you clearly back the idea that the law is the law and if banks make us stick to the rules then we should fight them if they don't, but the OP doesn't have a leg to stand on - she's signed the contract and they've supplied a copy! You're backing someone who clearly hasn't had her rights breached, so your stance appears to have changed to backing people to have the right to be right, even if they haven't been wronged

I don't think I'm a muppet, my thoughts are carefully calculated, but I don't guarantee to agree with all the people all of the time - I'm just glad not to impose on others to get me through life's little crises.

never-in-doubt

LongTermLurker,

Sorry mate. Fair points made. Apologies for calling you a muppet, I kinda see your point and have to admit I agree with some of the finer details.

I'm not encouraging that anyone does a bunk and doesn't pay, but until the bank release their obligation and prove the debt is enforceable then the OP has a right to query and dispute it.

I'm simply suggesting that just because they produce a signed agreement, doesn't mean thay have conformed with the CCA 1974. There is more to it than that, although I agree about checking out the DFW board - streams of useful info there for those that tackle their debt - not for those that want to 'do a bunk' shall we say?

Are we on the same wavelength here....? I actually reckon so

LongTermLurker

never-in-doubt wrote: »

LongTermLurker,

Sorry mate. Fair points made. Apologies for calling you a muppet, I kinda see your point and have to admit I agree with some of the finer details.

I'm not encouraging that anyone does a bunk and doesn't pay, but until the bank release their obligation and prove the debt is enforceable then the OP has a right to query and dispute it.

I'm simply suggesting that just because they produce a signed agreement, doesn't mean thay have conformed with the CCA 1974. There is more to it than that, although I agree about checking out the DFW board - streams of useful info there for those that tackle their debt - not for those that want to 'do a bunk' shall we say?

Are we on the same wavelength here....? I actually reckon so

Pretty much. It would be naiive and hypocritical of me to attack someone for enforcing their rights, when I've reclaimed mortgage leaving fees and tart my way through bank accounts to get sign-on bonuses, etc, but sometimes I think people are jumping on your bandwagon and trying whatever they can to avoid repaying their debts, rather than delay repaying their debts until such time as they can. This OP is a case in point, having had it proven that she'd signed the agreement and, as YB put it, tried to find some straws to clutch at.

There are lots of experienced people on these boards, experienced for various reasons, and although I wouldn't be able to help someone deep in debt, there are people on other boards that can. Avoiding debts is just like putting your head in the sand.

Glad we agree :beer: