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Unenforceability & Template Letters II
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never-in-doubt wrote: »I think you should just ignore them and leave it as unenforceable and then if they send any court papers, you can apply for stike-out and agree to repayment or argue the CCA...... either way, its really up to you.
Recent events, look at page 1 post 1. I added 2 of the higher profile judgments whereby judges went in favour of the lender (banks) even though the cca was totally flawed, if even existent! Basically it was a joke but shows that the law doesn't always work or side with the consumer.
Don't worry though, just decide what is best for you and go for it mate.
Ok mate, thanks for your help over the past few months. I'm still going to double check whether the interest calculated is definitely correct or not as either way I'm interested to know if they cocked that up or not. May be useful if I decide to challenge in court. I've used the interest calculators available online and I just can't reach the same figure on the agreement but I might be missing something, not sure.
Anyway cheers NID.0 -
never-in-doubt wrote: »Your quote of my Egg Flaw post is incorrect mate, these links are for a loan not a credit card which is what I referred to.
I'll check these later and post back - tea time mate! :eek:0 -
Good evening everyone,
I am new here and was wondering if any of you kind people could take a look over my loan agreement and tell me if it is enforceable, i am questioning if the loan in enforceable due to Northern Rock not putting in the agreement about a cancellation/cooling of period??
I welcome any views on this..0 -
In response to my Section 78 Request Barclaycard sent me a blank CCA with no dates or sigs. I replied with a Dispute Letter again requesting a copy of the dated CCA with my sig. They have responded:
""... I can confirm that the documents required to complete our obligation to you under Section 78 of the Consumer Credit Act 1974 were sent to you on xxxx.
With reference to the Civil Procedure Rules. We have provided you with sufficient information to allow you to understand our position. The CPR does not confer an automatic entitlement to documents before proceedings start...
...I am fully satisfied that the sum outstanding by you remains legally due and payable. You should continue to repay the outstanding balance owed on your account in accordance with the terms of your credit agreement..."
They are calling me about a dozen times a day, which is mildly irritating to say the least.
Based on the above reply from them (this being the second letter from them claiming they have sent what they need to send) what would be the best response...?
thanks0 -
hackenbush wrote: »In response to my Section 78 Request Barclaycard sent me a blank CCA with no dates or sigs. I replied with a Dispute Letter again requesting a copy of the dated CCA with my sig. They have responded:
""... I can confirm that the documents required to complete our obligation to you under Section 78 of the Consumer Credit Act 1974 were sent to you on xxxx.
With reference to the Civil Procedure Rules. We have provided you with sufficient information to allow you to understand our position. The CPR does not confer an automatic entitlement to documents before proceedings start...
...I am fully satisfied that the sum outstanding by you remains legally due and payable. You should continue to repay the outstanding balance owed on your account in accordance with the terms of your credit agreement..."
They are calling me about a dozen times a day, which is mildly irritating to say the least.
Based on the above reply from them (this being the second letter from them claiming they have sent what they need to send) what would be the best response...?
thanks
I have already replied to you in one of your other 200 threads! They have not satisfied their obligation at all - go to page 1 and send the 3rd letter - CCA Query! Regards to the phone calls, on page 1 look at the link for bailiffs and collections and send the letter regards to phone calls..... basically you need to read post 1 and 2 - its not a lot to read and will tell you the letters to send!
3. CCA Query
13. Bailiffs and Collections2010 - year of the troll
Niddy - Over & Out :wave:
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steve_3767 wrote: »Good evening everyone,
I am new here and was wondering if any of you kind people could take a look over my loan agreement and tell me if it is enforceable, i am questioning if the loan in enforceable due to Northern Rock not putting in the agreement about a cancellation/cooling of period??
I welcome any views on this..
Hi
Page 1 - look for Prescribed Terms and compare them with your paperwork.
5. Prescribed Terms2010 - year of the troll
Niddy - Over & Out :wave:
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Thanks! I know you've replied and answered the questions on my multiple threads! I guess I was just surprised that they replied with exactly the same letter to the first one. I was feeling a bit like "when will they stop?" How many recorded delivery replies will I end up having to make before they stop writing to say they still see the debt as enforceable?!
Letter (3) questions the Prescribed Terms which are on the Barclaycard CCAs, whilst it is actually the original copy that is at issue at this stage. This is the same with my Halifax CCA.
I've already sent the Section 10 Request in reply to their original reply saying they're in compliance with Section 78!
It gets really complicated!
My fear is ignoring them after they've said that they still deem the debt payable.
Am I making sense?!never-in-doubt wrote: »I have already replied to you in one of your other 200 threads! They have not satisfied their obligation at all - go to page 1 and send the 3rd letter - CCA Query! Regards to the phone calls, on page 1 look at the link for bailiffs and collections and send the letter regards to phone calls..... basically you need to read post 1 and 2 - its not a lot to read and will tell you the letters to send!
3. CCA Query
13. Bailiffs and Collections0 -
Hackenbush,
I have had the same scenario with Barclaycard.
The rubbish they send in the post, the endless phone calls etc.
A little advise if I may. JUST IGNORE THEM!
Eventually the calls slow down and they stop bothering you. They are having a stab in the dark !
They know the debt is unenforcable but for obvious reasons are not just going to walk away from it.
Chill out and let them be the one's to get all bothered about it..
All the best.0 -
never-in-doubt wrote: »Hiya
Are you sure you want to ruin your credit record? Unenforceability will affect it and you will end up with defaults.
It may be better to post a new thread as others may have better ways of dealing with this, i.e. going to payplan or similar may help negotiate reduced payments....
If you really want to walk away from these debts and go down the unenforceability route (ruining your credit file in the process) then post back and we'll help any way we can
Personally, for the sake of two cards, i'd be posting a new thread with a lot more details here: Debt-Free Wannabe
Thank you for the reply. In all I owe £16k, £13k of that on cc, £8k of that is on the 2 cards I have had for a long time.I have filled in a form for a dmp at cccs & it will take around 8 years to pay my debts,with the sudden drop in income(very little chance of a higher income).So I may as well claim unenforceability on the 2 cards.Main question is, should I claim unenforceability before I go on a DMP.0 -
Thank you! After the amount these cards have caused I think I can deal with their calls. I'll take your advice and leave. Very happy to do that.
thanks again!burton_trade_kitchens wrote: »Hackenbush,
I have had the same scenario with Barclaycard.
The rubbish they send in the post, the endless phone calls etc.
A little advise if I may. JUST IGNORE THEM!
Eventually the calls slow down and they stop bothering you. They are having a stab in the dark !
They know the debt is unenforcable but for obvious reasons are not just going to walk away from it.
Chill out and let them be the one's to get all bothered about it..
All the best.0
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