Unenforceability & Template Letters II

never-in-doubt

Wispa1 wrote: »

HI NID - please can you point me in the right direction. Lloyds TSB have sent me 2 typed agreement with all the prescribed terms etc etc, no sigs and nothing with my handwriting on so the agreements could relate to anyone if my typed details were not at the top. Which letter do I need to respond with please - letter 3 cca dispute, T& C supplied or is there any other. I noticed there did used to be a "typed agreement letter" on here before but it has now gone. Please can you advise & many thanks in advance

Hiya

Send the following letter: 4. CCA Dispute

never-in-doubt

donna_duck wrote: »

Hi NID ,
Many thanks for your reply
The default has only come to light as we are trying to get a mortgage on another house and have been turned down so we decided to get copies of our credit reports. I am certain we had PPI insurance on the loan so my next step will be to write to them with regards to this.
The letter from Citi states that my account was sent to Hillesden in May 2006. Hillesden then defaulted my account on the 16th May 2006!!!!!! How much warning could they have given me?
I know Citi have been fined in the past for PPI insurance so will defo give that letter ago,Who do i write to next with regards to the default? Will it be Hillesden as they are the ones showing on my redit report?

Hiya,

If you had PPI and were missold it, i.e. you never knew about it (obviously you'll say that) then you should first of all claim it back with interest and late charges so you should send a SAR request - Advanced Version - to Citi (see here: 12. SAR Request) and work out all charges and interest and PPI payments then follow this guide here: http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

Then after they've refunded all that, we'll argue the default. It doesn't help you get a mortgage granted, but it will get you some 'free money' afterwhich we can argue the default was incorrect.

Unicorn0578

I requested a copy of the Original Credit Agreement
And I was sent this:

w w w . t i n y u r l . com/ydpw7np

I posted this before in this thread and as it was an application I was advised I could reply with step 3: CCA Request Query

I sent this off by recorded post and this is their reply:

w w w . t i n y u r l . com/y99cjpu

One strange point is they thank me for my email not letter which is odd.

Any advice would be appreciated on what I should or should not do next.

Thanks.

littlemissteapot_2

never-in-doubt wrote: »

Hiya,

Ok sorry I don't think we've actually spoke in detail about what they sent you - i've just assumed what they sent was incorrect based on your original post - maybe it's time to have a wee chat and find out what has happened to date, yea?

Ok, so back to your original post on this thread - as below:



1. When did you send the CCA Request to Cabot? END OF DEC
2. What did they respond with, and when? BEG JAN WITH YOUR APPLICATION FOR THE ARGOS CARD SHEET
3. Did you then respond to that - with the CCA Query letter? I RESPONDED AND THEY SENT THE SAME THING WITH LETTER SAYING THAT IT IS THE CREDIT AGREEMENT WITH THE ORIGINAL LENDER
4. Now they are hassling you by phone; do you live at home with parents? YES CONSTANT CALLS I STILL LIVE AT HOME WITH PARENTS
5. When did you take the card out? 18/05/04
6. How much is the debt? £937.58
7. Have you any other debts; i.e. you know you'll end up with a default if you pursue unenforceability - don't you? I HAVE OTHER DEBTS WITH PLANS ARRAGING TO PAY £10 PER MONTH
8. When did you last pay; was this payment a special agreement amount or the min payment? THE LAST PAYMENT WAS JAN 14TH SPECIAL AGREEMENT WITH THEM FOR £10
9. Regards to what they sent you (the agreement);

a) Did it have your signature on the same page as the prescribed terms? THERE IS MY SIGNATURE BUT THERE IS NO PRESCRIBED TERMS ON THERE
b) Did it have the prescribed terms (limit/interest rate & repayment schedule)? NO
c) Is it your original form, i.e. do you recognise it and is it handwriting or typed (i.e. online) IT IS TYPED ON LINE BUT MY SIGNATURE IS HAND WRITTEN
d) If it was online, does it have a tock-in-the-box instead of a signature?

If you can answer the above and provide some info then i'll be able to advise better - I initially just responded to your question but pursuing unenforceability may not be the best option for you, unless you are really up the creek without a paddle.....

Cheers

sorry for the caps just found it easier to answer the questions that way (i know people don't like caps!!!)

I'm at my wits end now they are constantly calling and of course my parents are becoming annoyed with me as its the house number they are calling. They just say shes not in etc is it best to talk to them?? I'm really stressed
Thanks NID x

JohnInDebt

I've read somewhere that on a credit agreement my signature needs to be on the same page as all the financial information (credit amounts, percentages etc..) but on my agreement the signature is on a different page.

Is there some text I can add to my defence (stat demand) stating that the agreement is unenforceble because of this? There are also other issues but this is the bit I'm struggling to find information about.

never-in-doubt

JohnInDebt wrote: »

I've read somewhere that on a credit agreement my signature needs to be on the same page as all the financial information (credit amounts, percentages etc..) but on my agreement the signature is on a different page.

Is there some text I can add to my defence (stat demand) stating that the agreement is unenforceble because of this? There are also other issues but this is the bit I'm struggling to find information about.

Hiya

Try this - good Luck! :beer:

A regulated agreement is not properly executed unless the document signed contains all the prescribed terms: section 61(1)(a). The consequence of failure to state all the prescribed terms of the agreement is that the court is precluded, by section 127(3), from enforcing the agreement. In the absence of enforcement by the court the agreement is altogether unenforceable: section 65(1).

The court's powers under section 127(1) are subject to significant qualification. Where section 61(1)(a), regarding signing of agreements, is not complied with the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3).

Thus,signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order.

The part relevant to you is here:

Where section 61(1)(a), regarding signing of agreements, is not complied with the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3).

Thus,signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order.

Beeincontrol

Hi, Tevor Munn Solicitors are at it again, they have allready taken me to court once with Marbles, which by the way I offered to pay £5 a month, and they have declined, so they have transfered the court to a nearer one for me and I will have to wait for a date.This is the one we found to be enforceable.
Well now they have egg preparing a county court claim, the thing is they sent me the CCA, and its copied off a computer it looks terrible they have the computer bar at the top in the copies, the signed document has a line running through it, it all looks dodgy to me. But I have thought all this before and had egg on my face.
So far two CCA's and one pending.:)

bankkiller

a quick off topic question, but can anyone point me to some template letters to use for removal of CCJ's which are now statute barred?

also, who would I write to? the Credit Reference Agencies or someone else to inform them that these debts are statute barred and need to be removed.

thanks

never-in-doubt

bankkiller wrote: »

a quick off topic question, but can anyone point me to some template letters to use for removal of CCJ's which are now statute barred?

also, who would I write to? the Credit Reference Agencies or someone else to inform them that these debts are statute barred and need to be removed.

thanks

CCJ's don't become statute barred!

A CCJ is never spent, and the court could enforce it at their discretion even after 6 years has passed, although they would need to show a valid reason it took so long to collect the debt. The DCA/Lender will need to explain to a District Judge why the CCJ has not been enforced within six years from the date it was granted. they will need a good reason before the Judge will allow any enforcement.

never-in-doubt

Unicorn0578 wrote: »

I requested a copy of the Original Credit Agreement
And I was sent this:

w w w . t i n y u r l . com/ydpw7np

I posted this before in this thread and as it was an application I was advised I could reply with step 3: CCA Request Query

I sent this off by recorded post and this is their reply:

w w w . t i n y u r l . com/y99cjpu

One strange point is they thank me for my email not letter which is odd.

Any advice would be appreciated on what I should or should not do next.

Thanks.

Its not enforceable, the prescribed terms should be on the same signed page and this doesn't seem to be the case here, also their letter says it all 'we're not looking to take legal action - we prefer negotiating repayment' LOL - yea right, cos they know they don't have a leg to stand on :rotfl:

I assume you know you'll get a default if you stop paying? I'd stop paying already, but up to you....

Just send letter 4 - 4. CCA Dispute