Unenforceability & Template Letters II

never-in-doubt

DeBilde wrote: »

Cheers NID, Should have been a little clearer. The 2 CC's that have sent TC's have already had TC's letter but Sharkleys have said that's all your getting. The 3rd ones has not responded at all to both the first and second letters.

If you've already sent those letters then you ignore them - simples

DeBilde

Thanks NID.

Will just wait for the threat of Default and send them the dispute letter then.

Surprised not heard from them about the loan though.

oreilly

never-in-doubt wrote: »

Your credit file will tell you the date you last paid, get that and post back again
Just get the credit files sorted and then we'll be in a better position to advise :beer:

Credit file came back clean as a whistle.

No mention of this anywhere. (Although there's also a rather worrying message from the CRA saying "not all lenders send us their info, just because something isn't on here, doesn't mean it doesn't exist" or words to that effect). I'm guessing that's just an !!!-covering exercise though, right ?

never-in-doubt

oreilly wrote: »

Credit file came back clean as a whistle.

No mention of this anywhere. (Although there's also a rather worrying message from the CRA saying "not all lenders send us their info, just because something isn't on here, doesn't mean it doesn't exist" or words to that effect). I'm guessing that's just an !!!-covering exercise though, right ?

Hiya - yes the reason for this is because it is over 6 years old so the entry will not appear, you have to assume it is statute barred therefore just ignore this from now on - even if they respond.

They leave a trace search and this stays for 2 years (unfortunately) but as there is no entry linking to same company, not many lenders view it as adverse. If there was an entry to say ABC debt collection and then the trace search, it would be obvious they found the right person - with the lack of the actual entry this assumes they just done a search with no joy

benboy

Quoted from Prescribed Terms:
"D Credit limit
This may be a term or the manner in which it will be determined or that there is no credit limit."


Hi Guys, I have received a Credit Agreement from Lloyds TSB recently and am confused as to whether or not it is enforceable or not. Unfortunately I cannot post a link on here as a newbie, but I will tell you:

• It has not been signed by the creditor in the box where it says "creditors signature" and "date".
• It has been signed by me.
• Under the heading "Credit limit" there is no amount set but it does say "We will set a credit limit and tell you what it is when we send you your card. We may change this in the future. We'll give you the new credit limit in writing.
• In the letter that came with the agrement they said. " We do not have to provide you with a copy of the origional signed agreement, but notwithstanding that fact, please find enclosed such a copy for your records."
• They also say "We will not be entering into further correspondence with you regarding the provision of copy agreements"

So basically, is it enforceable with no creditors signature and no exact credit limit?

Thank you in advance

Wispa1

never-in-doubt wrote: »

If it shows approved limit then see this: Egg Card - CCA Flawed?

Thanks NID, I thought I had read about this. Thanks to your help, that is £15K that is now unenforceable. :rotfl::rotfl::rotfl::T:T

never-in-doubt

benboy wrote: »

So basically, is it enforceable with no creditors signature and no exact credit limit?


Thank you in advance

Unfortunately yes it is. They do not need to send a signed copy and the credit limit can be omitted. Thus i'd say if everything else was intact then it'd be enforceable so best continue paying. :mad:

never-in-doubt

Wispa1 wrote: »

Thanks NID, I thought I had read about this. Thanks to your help, that is £15K that is now unenforceable. :rotfl::rotfl::rotfl::T:T

Commission cheque in the post I assume :rotfl: :rotfl:

benboy

never-in-doubt wrote: »

Unfortunately yes it is. They do not need to send a signed copy and the credit limit can be omitted. Thus i'd say if everything else was intact then it'd be enforceable so best continue paying. :mad:

Ok, but that being said, they tell me in the letter that they have indeed sent me a copy of the signed agreement. It does have my signature on but not theirs. Is it only in credit card agrements that the credit limit can be omitted?

Thanks NID

never-in-doubt

benboy wrote: »

Ok, but that being said, they tell me in the letter that they have indeed sent me a copy of the signed agreement. It does have my signature on but not theres. Is it only in credit card agrements that the credit limit can be omitted?

Thanks NID

Well the limit or a statement about the limit should be in every CCA but with a loan (fixed term credit) it is different as they have to list everything specifically, its not open ended and likely to rise like a credit card (revolving credit).