Unenforceability & Template Letters II

roadster

Hi NID

Me again - Had a reply from one of my cards, the one that sent me the CCA in some one elses name. To quote -

We enclose a signed copy of the agreement currently in place together with a signed statement of account.

Junk Junk Junk

Last paragraph reads - while we try to locate the full original agreement we will not be seeking to enforce the agreement. However, even if an agreement is unenforceable, the contract still has legal effect and is not void, the lender is merely prevented from seeking an enforcement order from the court. :T
Looks like they dont have a CCA so its an unenforceable one.
Thanks again for your help :beer: 1 down 4 to go.

never-in-doubt

I_Love_Crisps wrote: »

Hi Nid...you may remember me from a few weeks ago...the crisp guy...:D spoke to you via pm aswell...I had just started my cca's with Cap One, Mbna and Mint

Have received my first reply from Mbna today and will look at that later...but I am a bit worried about the Capital One reply. When you are new to this, its all a bit scary and I know I would'nt dare/be able to do any of this without your help...its very much appreciated!!!

So this time Capital One have sent me a photocopy of my short application form, which does have both mine and Cap One's signature on...this was a balance transfer and has no credit limit or terms on it...just my home/employment/bank details on...but its their letter that im not sure about, rather than put all my info on here, hope its ok to send you them to have a look at...

Regards....

Hiya

As per our emails the Crappy1 account is unenforceable as the signature and prescribed terms were not on the same page nor were they linked to in any way. You should ignore them, being they've said it is their final response. They will write back, just post here when they do.

never-in-doubt

roadster wrote: »

Hi NID
Last paragraph reads - while we try to locate the full original agreement we will not be seeking to enforce the agreement. However, even if an agreement is unenforceable, the contract still has legal effect and is not void, the lender is merely prevented from seeking an enforcement order from the court. :T
Looks like they dont have a CCA so its an unenforceable one.
Thanks again for your help :beer: 1 down 4 to go.

Well done :T:T - seems they are learning then? That without the goddam agreement they can do diddly squat! :rotfl:

We'll get the other 3 sorted to get you a full-house eh?

gill99

Hi Never in Doubt

In light of this judgement, is it worth pursuing an unenforceable loans claim, even if the bank cant provide a copy of the CCA agreement will the money need to be repaid in the end.

I would be grateful for your advice

Gill

I_Love_Crisps

never-in-doubt wrote: »

Hiya

As per our emails the Crappy1 account is unenforceable as the signature and prescribed terms were not on the same page nor were they linked to in any way. You should ignore them, being they've said it is their final response. They will write back, just post here when they do.

Ty! do you put a cape on in the morning Nid? cause your some kind of superhero!!!

:j:j:j :A

never-in-doubt

gill99 wrote: »

Hi Never in Doubt

In light of this judgement, is it worth pursuing an unenforceable loans claim, even if the bank cant provide a copy of the CCA agreement will the money need to be repaid in the end.

I would be grateful for your advice

Gill

Hiya

In light of what judgement exactly? (nothing has changed lol therefore you're confusing me with this question)..... Unless a lender can provide a signed copy of the agreement which contains the prescribed terms then the debt does not need to be repaid and a judge cannot pass judgement until such time the lender does comply.

If unenforceable, after 6 years it becomes statute barred and the default also vanishes from your credit record thus after 6 years you are home-and-dry

never-in-doubt

I_Love_Crisps wrote: »

Ty! do you put a cape on in the morning Nid? cause your some kind of superhero!!!

You're starting on the alcohol too early mate :rotfl::rotfl::rotfl:

Ive replied to your email - again, don't worry - you're in safe hands now mate.

Ethereal_Gaz

Hi NID,
Could I please trouble you to take a quick look at my thread: http://forums.moneysavingexpert.com/showthread.html?p=29769927#post29769927

It's not too long, I'm just getting harassed by Debitas.

Cheers

G

never-in-doubt

Ethereal_Gaz wrote: »

Hi NID,
Could I please trouble you to take a quick look at my thread: http://forums.moneysavingexpert.com/showthread.html?p=29769927#post29769927

It's not too long, I'm just getting harassed by Debitas.

Cheers

G

Replied mate: #8

I_Love_Crisps

never-in-doubt wrote: »

You're starting on the alcohol too early mate :rotfl::rotfl::rotfl:

Ive replied to your email - again, don't worry - you're in safe hands now mate.

:T

Off to the Ryther Arms tonight...beers are on me! :beer: