Unenforceability & Template Letters II

never-in-doubt

nonnynonny wrote: »

PPI re-claim made, and refunded, via the documents above in 2008, a new account number generated, and a new monthly payment and duration advised via the documents above.

But because i have signed nothing else in terms of a new agreement post PPI refund, apart from the documents linked above, i am wondering what they would produce as a CCA, and if the above linked documents are all they have, then where does that leave me?

Hiya

See my last reply to you, bear in mind you confirmed above that the new loan was taken out in 2008 therefore s.127 is not applicable and you cannot make this debt unenforceable - period. No matter what mistakes are there, it will need to be repaid unless you take civil action (extremely costly) - not my suggested way forward.

munchins

NID,
Many thanks indeed! great letter, this should really stir them up!
Will keep you posted!
Munchins

Go_on_martin_lewis

never-in-doubt wrote: »

Hiya

Is this the only account you're looking at Unenforceability with? Usually you do this if you're happy to get defaulted etc (well not happy, but you know what I mean).... So if you're up-to-date with payments etc then why would you cease repayments, it will ruin your credit file :o

No figure mate - have you thought this through?

no theres two accounts, each with about 4k debt on each. what i mean is ive always paid minimum repayments each month like 100 pound. so i stil have about 4k debt accumulated from 1996.

jemma_

Quick question, Although littlewoods were unable to provide me with a CCA they have still cashed the cheque, they haven't credited this to my account. The letter I sent clearly said that if they were unable to provide me with an original copy they were to return the payment.
I know it is only £1 but it has made me wonder if they have suddenly found my CCA
Has anyone else had this happen?

Thanks in advance

never-in-doubt

jemma_ wrote: »

Quick question, Although littlewoods were unable to provide me with a CCA they have still cashed the cheque, they haven't credited this to my account. The letter I sent clearly said that if they were unable to provide me with an original copy they were to return the payment.
I know it is only £1 but it has made me wonder if they have suddenly found my CCA
Has anyone else had this happen?

Thanks in advance

Dont worry - its a £1 lol (are you scottish hehe)

They always cash it even if they respond to say they do not have the CCA - you got the news you wanted, just let them keep the squiddy-pooh! ;):p

jemma_

never-in-doubt wrote: »

Dont worry - its a £1 lol (are you scottish hehe)

They always cash it even if they respond to say they do not have the CCA - you got the news you wanted, just let them keep the squiddy-pooh! ;):p

lol no I Just had a thought that it meant they has found it!

Anyway posted the dispute letter as you suggested on the 2nd and waiting for it to show up on royal mail as being delivered. Do i give them 30 day from when i posted it or when they signed for it?

Thanks Again

nonnynonny

never-in-doubt wrote: »

Hiya

Thanks for the additional info.

Ok from what I can tell, you had a loan and they added PPi to the loan. You then put a claim in for the mis-sold PPi and they refunded this refund back to your loan account (correct way of doing this) and then re-issued a loan, with the reduced balance?

If so, there is no problem because unless i'm missing the obvious, you signed this didn't you?





Also, they made it clear to you what would happen here:





So, in a nutshell - other than the fact unenforceability only applies to accounts BEFORE April 2007, i'd say you need to look to repay the loan. The bank hasn't broken any rules and they have, by all accounts, been quite good by knocking off almost £3k....

Not what you want to hear I know, but legally nothing you can do really....

They actually refunded the amount by bacs transfer into my account, not to the loan account, they then re-arranged the loan as per the above.

Palamai

never-in-doubt wrote: »

Hiya

What you attach seems perfectly fine to me, they are the terms in place at the time you took the card so it is fine. Problem with HSBC is they are really good at issuing correct agreements as they print their own version on headed paper, its the actual lost ones that allow you to win! As they evidently have your signature etc on them i'd be looking to start a repayment plan.....

Good Luck

Hello again N-i-d, thank you so much for taking the time to read my CCA, i will contact HSBC to start a payment plan, do you know if there is anyway i can get them to stop charging interest to the account as the payments i have been making are just covering the interest and the balance just does'nt go down, its only been the past 7 months ive had problems paying as i lost my job.:( Many Thanks Natalie

never-in-doubt

jemma_ wrote: »

lol no I Just had a thought that it meant they has found it!

Anyway posted the dispute letter as you suggested on the 2nd and waiting for it to show up on royal mail as being delivered. Do i give them 30 day from when i posted it or when they signed for it?

Thanks Again

No need to post anything else - you leave it alone now as it is unenforceable. :T

never-in-doubt

Palamai wrote: »

Hello again N-i-d, thank you so much for taking the time to read my CCA, i will contact HSBC to start a payment plan, do you know if there is anyway i can get them to stop charging interest to the account as the payments i have been making are just covering the interest and the balance just does'nt go down, its only been the past 7 months ive had problems paying as i lost my job.:( Many Thanks Natalie

Hiya

The only way to avoid interest is to default the account, i.e. don't pay for a few weeks and when they default you and sell it on - interest usually stops. To be honest if you're not too fussed about your credit report then just get in touch and wait for them to sell it and pass to dca then offer the dca a F&F offer which they may take..... albeit you'll end up defaulted (only affects you for 6 years)....