Unenforceability & Template Letters II

DeBilde

Hi Nid,

After all the press in recent days about the unenforceability of credit agreements I was wondering what has actually changed?

Is the request a waste of time now as they can send whatever they like and say they have satisfied the request? If so how can the account be in default now? Also if that is the case I guess they can send the debt to a DCA and they can start hassling you for money.

Then I guess when you still don't pay they can take you to court and if the judge feels justified he can award in their favour even if they can't provide a actual copy of the signed agreement?

I only ask this as I am about to send letter 2 to some creditors and letter 3 to Barclaycard, is the text in the letters still correct and does it mean non compliance or not actual prescribed terms mean the account is in default still?

Am best to SAR them and I will see what they have on file including the CCA? I guess this would go in my favour if the matter went to court etc...

Sorry for all the questions but doubt does creep in with our law system

Thanks

putty71

Hi Never

Just seen the comments on the site about the 'loopholes' not my words.

Basically and in simple english for the idiots amongst us, are we stuffed for good now?

I thought I was onto something moving into the new year, but now believe I am well and truly up !!!!!! creek without a paddle.

What can I do please?

never-in-doubt

DeBilde wrote: »

After all the press in recent days about the unenforceability of credit agreements I was wondering what has actually changed?

In a nutshell, nothing. It is business as usual. Stop worrying!

DeBilde wrote: »

Is the request a waste of time now as they can send whatever they like and say they have satisfied the request? If so how can the account be in default now? Also if that is the case I guess they can send the debt to a DCA and they can start hassling you for money.

They always did send whatever they wanted, or conjured one to satisfy the need, however this will be the same. I wouldn't read too much into the press coverage or Guys Thread - he has got the wrong end of the stick, i,e. for the average joe bloggs things will proceed as normal. Normal is - if the creditor takes you to court then the onus falls on them to prove they have the agreement. You would argue using CPR not CCA (usually) and until they can supply a valid CCA then the debt is unenforceable.

They always could hassle you, well to an extent. The debt is unenforceable - not written off (another of Guys errors). The difference being that it is not written off, it just means they cannot obtain a court order against you so yea, they can report the adverse data with the CRA's and they can hassle you by letter but they cannot send bailiffs nor can they obtain any judgement against you.

Its the same as before.

DeBilde wrote: »

Then I guess when you still don't pay they can take you to court and if the judge feels justified he can award in their favour even if they can't provide a actual copy of the signed agreement?

No. That's how I read the judgement but that does not mean it will work like that. It is my opinion, but bear in mind that is assuming you wanted to take them to court - obviously, as before - you really want them to take you to court and then you put the onus of proof onto the creditor. That is when you could utilise CPR (31.16).

Don't worry too much about the court hearing just now. Proceed as normal.

DeBilde wrote: »

I only ask this as I am about to send letter 2 to some creditors and letter 3 to Barclaycard, is the text in the letters still correct and does it mean non compliance or not actual prescribed terms mean the account is in default still?

Send the letter as appropriate - yes it would still be in default if they do not respond with a valid CCA.

DeBilde wrote: »

Am best to SAR them and I will see what they have on file including the CCA? I guess this would go in my favour if the matter went to court etc...

Nope. No need. It won't go to court

never-in-doubt

putty71 wrote: »

Just seen the comments on the site about the 'loopholes' - What can I do please?

Hiya

See above post and the following: here: #1064 and here:#1071

Nothing has changed. Chill dude

The other thread (here:MSE News: High Court 'closes debt write-off loophole' ) isn't quite accurate

never-in-doubt

themaestro wrote: »

Hey NID, could you tell me, are there any types of accounts that we can't challenge pre 07? All my debts were from before this. I have credit cards, overdrafts, a loan, hirepurchase on a car.

Challenge everything

never-in-doubt

freefalling02 wrote: »

I guess this is the long way of me asking if what they sent me is legal? Thanks in advance for your help.

Morning!

You are ultimately responsible for ensuring the lender has your address so you have no recourse to fight this and if they refunded all charges then fair play to them

The CCA will be valid if the Prescribed Terms are intact - are they? See Page 1 for details or post a copy of what they sent you on here (delete personal details)......

AndyLGR

NID -

Is it worth progressing even though the debt is only £1600?

Also if the account was defaulted by the creditor and then passed to a dca would your credit record still remain the same? Can the debt ultimately be we written off and credit records amended accordingly or will the debt sit there and just be unenforcable?

DeBilde

Cheers NID, letters being sent today recorded delivery.

I think this press over the last week has created the panic and doubt that the banks hoped for, it will scare people of from doing what is their legal right.

abby1234519

I sent a CCA request and I recieved a letter that said they didn't have have to provide one with my signature? Whats that all about!!

putty71

never-in-doubt wrote: »

Hiya

See above post and the following: here: #1064 and here:#1071

Nothing has changed. Chill dude

The other thread (here:MSE News: High Court 'closes debt write-off loophole' ) isn't quite accurate

Hi Never

Not that easy to chill when I get another letter from DCA, Newmans today.

I sent a letter to them via email on tues night and posted recorded delivery yesterday telling them for second time account is in dispute with amex and the usual they cannot pursue whilst in dispute and also they have never provided proof that the debt has been passed to them.
If you remember from my previous post they gave options of what they could do and they have now sent a letter today dated 29/12 so they wont have recived mine by their date, advising that they will recommned to their solicitor that they make a statutory demand against me for bankruptcy.

This has me worried despite what you have said. Can they do this?

Any other help please.

I will also post on bankruptcy forum.

Thanks