Unenforceability & Template Letters II

terimon

I see a few posts were deleted from last night

never-in-doubt

terimon wrote: »

I see a few posts were deleted from last night

Really mate - which? On here? Oh yea there was one from that idiot with daft username wasn't there! lol

terimon

Unless i am mistaken one from first time poster. You reply about his uncle and drinking tea . And me laughing about it

never-in-doubt

terimon wrote: »

Unless i am mistaken one from first time poster. You reply about his uncle and drinking tea . And me laughing about it

Yea that is right lol - teabag session with his uncle (you do know what teabagging is I assume?) :rotfl::rotfl:

Goodtimesahead

never-in-doubt wrote: »

Thinking about this, if there are no entries with Natwest then why not just ignore them totally and do nothing?

They cannot touch you can they, so probably best to ignore it - eventually they will go away and with there being nothing on your credit file, why upset the apple-cart and risk them adding a default?

Just a thought

Yes I thought about that but I don't know the law as to whether they can record an entry now, if they have never done so previously and that they haven't got the original credit agreement and they would have needed my consent to share my data with the CRA's?

Also in their CCA reply they are saying the agreement is enforceable so I guess I need to put them right before they start taking possible further action!

I'd rather send one decent reply to their CCA reply and tell them the agreement is unenforceable without an signed agreement etc and the letter they sent me suggesting it is enforceable is incorrect and the regulations they refer to only apply to what documents the creditor has to supply under S77/78 CCA request

Thanks

lj1983

Hi, prob a silly question, but where you said the a loan agreement has to show the total amount of credit, does that mean including the interest or without? My loan agreement just says £15000 over 84 months at £238.30 @ 8.9% apr. Thanks

terimon

never-in-doubt wrote: »

Yea that is right lol - teabag session with his uncle (you do know what teabagging is I assume?) :rotfl::rotfl:

That is why i was laughing . I know it has nothing to do with supping PG Tips :eek:

terimon

Got a credit card statement from NatWest today with a new balance of £12,994.24 wanting a minimum payment of £1,132.00

Credit limit £12,500

They added £264.45 interest

They have terminated my acccount (post 74) and admitted that my account is unenforceable (post 75). Will interest still be added every month? For the whole duration of the six years i ignore them!

never-in-doubt

Goodtimesahead wrote: »

Yes I thought about that but I don't know the law as to whether they can record an entry now, if they have never done so previously and that they haven't got the original credit agreement and they would have needed my consent to share my data with the CRA's?

Yes they could add an entry now but the same applies, it would become statute barred 6 years after the last payment so it will only have a short term effect (maximum 6yrs) - either way they will add a default if they want to.

Goodtimesahead wrote: »

Also in their CCA reply they are saying the agreement is enforceable so I guess I need to put them right before they start taking possible further action!

For what purpose though? Putting them right kinda acknowledges your liability (affects statute date) but also means they may add a default - i'd just ignore them - simple

Goodtimesahead wrote: »

I'd rather send one decent reply to their CCA reply and tell them the agreement is unenforceable without an signed agreement etc and the letter they sent me suggesting it is enforceable is incorrect and the regulations they refer to only apply to what documents the creditor has to supply under S77/78 CCA request Thanks

Its a risky game to play. You do know even with unenforceable actioned the lender can still default you, the recent loss in court proved that (I posted link here #403)

Its up to you but i'd be ignoring them....

never-in-doubt

lj1983 wrote: »

Hi, prob a silly question, but where you said the a loan agreement has to show the total amount of credit, does that mean including the interest or without? My loan agreement just says £15000 over 84 months at £238.30 @ 8.9% apr. Thanks

Interest should be noted separately so you should have loan amount, interest, total, repayment, apr etc etc....

Loan amount (£)

---

15,000
Repayment period in years

---

7
Interest rate (%)

---

8.9

Amount per repayment (£)

---

240.58
Total paid over the life of the loan (£) ---- 20,208.35
Total interest paid during loan (£)

---

5,208.35