Unenforceability & Template Letters II

Numpty_Monkey

I meant where you got the original avi pic, if it's bigger than 80x80 you can make them smaller but keep the annimation as long as it is no bigger than ??kb;)

ddtonti

Hi, very interesting thread. I have some questions with regards to some debts i havejust now, with I have recently found out may be uneforcable.

The first one is a Barclaycard, which I recieved in 2001/2002 nt long after I turned 18, I never applied for it, it was just sent to me, so therefore I never signed a credit agreement. I went on to default, and had a ccj recorded against me, I am paying it off in installments just now, but am I right in thinking that this ccj can be removed because there was never a signed credit agreement?

The next are a couple of catolouges, JD Williams and Littlewoods, both of which applied for online, was sent out credit agreements, but i never signed them or sent them back. I defaulted on these, but are getting paid, but am i able to get the defaults removed off my file? These are more recent (2008)

What exactly does it mean if the debt is unenforcable? does it mean that the cant chase me for it? or mark defaults against me on my credit file?

Thanks in advance

never-in-doubt

knight_La_Mancha wrote: »

Hi never-in-doubt,


You mentioned many times—[as long as prior to April 07 you're fine to apply for CCA....]
Does that mean if a credit agreement made after April 07, there is no chance of wining over Unenforceability?
I have a loan account with Barclays Bank that was borrowed after April 07. I applied on line but I asked them to send the agreement over and I did sign it and return to them. The outstanding balance is now around £9000.
I CCA’d them in Sept. 09. What they sent me basically is a print out titled Barclayloan Agreement – Bank copy(s) to be signed and returned. There is no signature of mine in the borrower’s box. As for the bank side, there is no signature either but with a printed Manager’s name and date.
Could you kindly give me some advice on Unenforceability?



Thanks.
[FONT=&quot]knight La Mancha[/FONT]

The provision for unenforceability (i.e. s.127) was repealled for post April 2007 so no, cannot be unenforceable, also yours will have a tick in the box and no signature as you applied online..... sorry but no case to argue here i'm afraid....

never-in-doubt

ddtonti wrote: »

The first one is a Barclaycard, which I recieved in 2001/2002 nt long after I turned 18, I never applied for it, it was just sent to me, so therefore I never signed a credit agreement. I went on to default, and had a ccj recorded against me, I am paying it off in installments just now, but am I right in thinking that this ccj can be removed because there was never a signed credit agreement?

You can fight this yes, send the CCA Request Letter off and see what they send back.

ddtonti wrote: »

The next are a couple of catolouges, JD Williams and Littlewoods, both of which applied for online, was sent out credit agreements, but i never signed them or sent them back. I defaulted on these, but are getting paid, but am i able to get the defaults removed off my file? These are more recent (2008)

See my last reply - only post April 2007 can be unenforceable. The defaults would remain regardless of the date you took them out as defaults can be registered, even if unenforceable.

ddtonti wrote: »

What exactly does it mean if the debt is unenforcable? does it mean that the cant chase me for it? or mark defaults against me on my credit file?

They cannot chase you, but they can default you.

knight_La_Mancha

Thanks. never-in-doubt,

Can not remember exactly, but I think I did not tick the signature box, I chose the option for the agreement to be sent to me for my signature.
Is it still the same outcome?
Thank you again.

never-in-doubt

knight_La_Mancha wrote: »

Thanks. never-in-doubt,

Can not remember exactly, but I think I did not tick the signature box, I chose the option for the agreement to be sent to me for my signature.
Is it still the same outcome?
Thank you again.

Yes same outcome, unfortunately.

ricardovich

Hey Nidster

Any help with the info I sent in post #902??

putty71

Hi Never

Hey don't have a go but I got the supposed cca from amex yesterday. Basically it was the application form but it did have my signature in it if I wanted to be legally bound, etc.
To protect me before I get further correspondence from the DCA I want to send off letter 2. I assume this is right as it is an application form or am i wrong and don't have a leg to stand on?

Cheers
Putty

benboy

never-in-doubt wrote: »

They cannot chase you, but they can default you.

Hi NID and the gang! I'm new here and reading this thread with interest! I am CCA'ing 3 cards all pre-2007 (including the infamous MBNA:rolleyes:). You say thay can default you (even when unenforceable) but can one get that changed by contacting the CRA and informing them it's in dispute/unenforceable? I may have missed somehting as this is a long thread.

BTW, thanks and keep up the good work. :beer:

Just seen post 885!

putty71

Sorry Never, I got my letters wrong. No 4 below will go to amex as they sent an application form. I'll check if you post a reply in the morning, but do you think this letter is okay to go? Like I said before, I had signed the app form.

Thanks
Putty

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On 18 November 2009 I made a formal request for a true signed agreement for the alleged account under the Consumer Credit Act 1974 (s.77/s.78). A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on 2 December 2009.

The document that you are obliged to send me is a true copy of the executed agreement that contains the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in s.61(1) of the CCA(1974) and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore; you should be aware that the Consumer Credit Act allows 12 (+2) days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

As you are no doubt aware s.77(6) states:

"If the creditor fails to comply with Subsection (1)(a) He is not entitled, while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law"

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested, any legal action you pursue will be averred as both unlawful & vexatious. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under s.10 of the Data Protection Act (1998) to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 30 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 30 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 30 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.
I would appreciate your due diligence in this matter and look forward to hearing from you, in writing within 30 days.