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Unenforceability & Template Letters II

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  • savysaving
    savysaving Posts: 6 Forumite
    edited 18 January 2010 at 1:38PM
    In my opinion:

    Reading this board I came across quite a few 'bad advice' posts by NID
    Clearly the man is not a lawyer or legally trained, it seems to me he rehashes info by Fermi and what he has read elswhere.

    All I am saying is: dont accept it if NID says the CCA is not unenforcable, get some proper legal advice, because he could very well be wrong.:money:

    I sympathise with all those who may have received bad advice from NID and think their CCA is not unenforcable when in fact it is Unenforcable.

    I may be posting soon a specific case as proof of this, doubt it NID?
  • putty71
    putty71 Posts: 252 Forumite
    Yea, look at the post above yours mate! :confused::confused:

    Sorry must have overlapped in the post. What an aboslute bummer! I guess it will be a waste of time posting the Mint one now as they are the same.

    I thought all pre 2006 agreements were about as watertight as Liverpools defence.

    Ahhh

    Two more to pay then, but still nothing from MBNA despite posting in Novemeber.
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    putty71 wrote: »
    Sorry must have overlapped in the post. What an aboslute bummer! I guess it will be a waste of time posting the Mint one now as they are the same.

    I thought all pre 2006 agreements were about as watertight as Liverpools defence.

    Ahhh

    Two more to pay then, but still nothing from MBNA despite posting in Novemeber.


    OR

    Listen to savvysaving (with 2 posts both aimed at me - hmmm, conspiracy maybe) cos he seems to know this inside out, and I don't! Obviously he'll be taking into account recent case law and precedents but according to him, the CCA is black & white meaning that if it says XYZ then you must agree to it, there is no room for manoeuvre.... :rotfl::rotfl::rotfl:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    edited 18 January 2010 at 2:02PM
    savysaving wrote: »
    I believe your responce was a bit hasty NID,

    Paragraph 8 of Schedule 1 specifies the information as to the credit limit to be given in a running-account credit agreement and sets out five different ways in which the information may be given HOWEVER
    three of those five ways are carried over into paragraph 3 of Schedule 6 for the purposes of the prescribed terms !!!!

    Therefore if the credit agreement was not signed and dated by the creditor then a document containing the PRESCRIBED TERMS (p3 s6) and signed by the debtor is necessary otherwise the credit agreement is unenforcable !

    In other words in a one document Credit Agreement the credit limit must be specified or the way of its determination, it is not good enough to say 'we will inform you of the credit limit' .


    Hahaha - just noticed - you copied this from a newbie at legal beagles and you're trying to discredit me with that junk? hahahahahah

    At least try and do your own homework and not just copy someone elses questions, they are wrong! Simple - accept it! lol - you makes me chuckles, I cannot believe you copied someone elses questions (note they are queries not facts) and in the process of trying (for whatever reason) to discredit me, you end up looking like a prized fool yourself..... hahahahahahaha

    http://www.legalbeagles.info/forums/showthread.php?t=18192

    :rotfl::rotfl::rotfl::rotfl::rotfl::rotfl: :rotfl::rotfl::rotfl:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • pinkjaney
    pinkjaney Posts: 203 Forumite
    Lowell Financial contacted me with a debt to Capital One (£1650.13) so i sent them the request for the CCA which they have now provided.

    What do i do now make an agreement????. If so is there a letter i can use.

    Never thought they would get their hands on the CCA but they have so what should i do now.

    Any help???????
  • jemma_
    jemma_ Posts: 10 Forumite

    Just save yourself £30 per month and stop paying! So you currently have several defaults yea? Have you CCA'd the companies that added the defaults or stopped paying them anyway/cleared the debt?


    The others are Capital one and american express who have stopped interest and are happy to accept my offer of payments. They have also said they are able to settle for 60% of what i owe if i ever come into any money.

    As for your advice, that is all it is, advice. Based on what you have learnt. People know it is your advice and that you aren't a lawyer but, we are the ones asking you for your help and your opinions. So once again THANK YOU :j

    and well done for having the time and patience to research and reply to everyone :T
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    pinkjaney wrote: »
    Lowell Financial contacted me with a debt to Capital One (£1650.13) so i sent them the request for the CCA which they have now provided.

    What do i do now make an agreement????. If so is there a letter i can use.

    Never thought they would get their hands on the CCA but they have so what should i do now.

    Any help???????

    Is it actually your agreement though or a reconstituted version, i.e. one made up using the elements that would have been in place at the time you took the account?

    If it is a copy of the original then you should either try to negotiate a repayment plan (like £20 per month or whatever you can afford) or just ignore them and after 6 years it will be gone! Not the best advice but assume you last paid 4 years ago, it would be the better advice. It depends on when you last paid really, what would be best for you. :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    jemma_ wrote: »
    The others are Capital one and american express who have stopped interest and are happy to accept my offer of payments. They have also said they are able to settle for 60% of what i owe if i ever come into any money.

    But have they defaulted you? Has littlewoods defaulted you? What i'm trying to get at here, you could pay a smaller debt for like 10+ years before clearing it whereas assume they have already defaulted you then you have nothing to lose CCAing them (if relevant) because there is nothing more they can really do, other than the default. So assume you stopped paying today, in 6 years the debt would be statute barred meaning you're gaining 4 years if it would normally take 10 years to clear it.

    See what i'm trying to get at here? lol
    jemma_ wrote: »
    As for your advice, that is all it is, advice. Based on what you have learnt. People know it is your advice and that you aren't a lawyer but, we are the ones asking you for your help and your opinions. So once again THANK YOU :j and well done for having the time and patience to research and reply to everyone :T

    Thanks for the above - but the guy writing this junk is an alias of someone else i've no doubt ridiculed - I have my own idea's..... there are a few on here that spout the righteous card and when they get shown up they usually resort to low tactics such as opening a new account so they can target me and abuse me..... its obvious in this case, joined 3 days ago - 2 posts both aimed at me and both incorrect as well (being he is quoting a theory, not an actual law plus the theory is flawed because the CCA is quite clear and not what he tries to describe!).....

    I won't even waste my time replying and correcting him, i'd rather wait on the 'proof' that he posts - then i'll respond appropriately.

    :beer::beer:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • jemma_
    jemma_ Posts: 10 Forumite
    But have they defaulted you? Has littlewoods defaulted you? What i'm trying to get at here, you could pay a smaller debt for like 10+ years before clearing it whereas assume they have already defaulted you then you have nothing to lose CCAing them (if relevant) because there is nothing more they can really do, other than the default. So assume you stopped paying today, in 6 years the debt would be statute barred meaning you're gaining 4 years if it would normally take 10 years to clear it.

    See what i'm trying to get at here? lol


    Yes
    the other two i will have fully paid off within a year so I am not to fussed about CCAing them but littlewoods are now demanding i pay it all of within 14 days unless i can pay 134 a month. as i can't do either I thought I'd try this as a first option
    :cheesy:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    jemma_ wrote: »
    Yes
    the other two i will have fully paid off within a year so I am not to fussed about CCAing them but littlewoods are now demanding i pay it all of within 14 days unless i can pay 134 a month. as i can't do either I thought I'd try this as a first option
    :cheesy:


    Hiya

    Ok, well just send the CCA letter on page 1 with £1 and then see what they come back with. Bear in mind, if you do apply for charges refunded and win they will just reduce the debt with that, but you have no legal right to request a charge refund unless they were extortionate....

    I think you'll get their standard response; they cannot find the CCA but they want their money - even though this is rubbish as they have no right to ask for money! :D

    Just post back when you have their reply... :p
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
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