We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

How long are loans valid

Options
2

Comments

  • Anihilator
    Anihilator Posts: 2,169 Forumite
    mabski wrote: »
    wutang you must be something really special
    i've heard of people talking out of their !!!! but typing now thats a neat trick


    Please provide one legal case were a court deemed a credit agreement uneforcable and the loan was simply written off with no prejudice or financial loss to the applicant.
  • mabski
    mabski Posts: 172 Forumite
    Oh hang on i'l just access the court database and pull everyones records
    or you could get yourself over to cag and see all the sucesses for yourself.
    Most companies wont even bother taking people to court when they know they dont have a valid agreement as they know they would lose.
  • Mabski, I'm echoing what everyone else is saying here, you've got your facts mixed up. There is no magic get out clause if you claim an unenforcable CCA. Only in very rare circumstances would someone be able to argue a CCA is unenforcable but even there has been a recent ruling (I can't find the exact info right now) which states that creditors now only have to provide a true copy of the agreement, correcting the original information and it would stand up in court.

    OP, loans are 'valid' so long as the debt is owed and being repaid. If you have been making token payments the limitation act will not apply so unless you go down formal insolvency or pay off the debts, they will remain until repaid.
    Total 'Failed Business' Debt £29,043
    Que sera, sera. <3
  • mabski wrote: »
    Oh hang on i'l just access the court database and pull everyones records
    or you could get yourself over to cag and see all the sucesses for yourself.
    Most companies wont even bother taking people to court when they know they dont have a valid agreement as they know they would lose.
    No, some will do a settlement as a 'gesture of goodwill' because they can't be bothered with the hassle of going to court, after all, they can afford it.
    Total 'Failed Business' Debt £29,043
    Que sera, sera. <3
  • ~Brock~
    ~Brock~ Posts: 1,715 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    mabski wrote: »
    Oh hang on i'l just access the court database and pull everyones records
    or you could get yourself over to cag and see all the sucesses for yourself.
    Most companies wont even bother taking people to court when they know they dont have a valid agreement as they know they would lose.

    CAG is funny.

    Its like a bunch of nutters having a punch up in the corner of a pub - you know its going on but also know that the best thing is not to get involved.
  • ~Brock~ wrote: »
    CAG is funny.

    Its like a bunch of nutters having a punch up in the corner of a pub - you know its going on but also know that the best thing is not to get involved.
    :rotfl::rotfl::rotfl:I always imagined them storming around with flaming torches weilding default notices and CCAs.. :)
    Total 'Failed Business' Debt £29,043
    Que sera, sera. <3
  • ~Brock~
    ~Brock~ Posts: 1,715 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    :rotfl::rotfl::rotfl:I always imagined them storming around with flaming torches weilding default notices and CCAs.. :)

    INFIDEL. UNBELIEVER. BURN HER !!!:money:
  • ~Brock~ wrote: »
    INFIDEL. UNBELIEVER. BURN HER !!!:money:
    I'm not an infidel... I'm a realist damn it.. :rotfl::rotfl:

    *hides*
    Total 'Failed Business' Debt £29,043
    Que sera, sera. <3
  • mabski
    mabski Posts: 172 Forumite
    Mabski, I'm echoing what everyone else is saying here, you've got your facts mixed up. There is no magic get out clause if you claim an unenforcable CCA. Only in very rare circumstances would someone be able to argue a CCA is unenforcable but even there has been a recent ruling (I can't find the exact info right now) which states that creditors now only have to provide a true copy of the agreement, correcting the original information and it would stand up in court.

    OP, loans are 'valid' so long as the debt is owed and being repaid. If you have been making token payments the limitation act will not apply so unless you go down formal insolvency or pay off the debts, they will remain until repaid.

    No im afraid its you who have got things mixed up.
    agreed the requirement in a cca request is for a true copy which does not need a signature but it must be a true copy not some latest t&c's and a copy of a apllication form which is all most companies are able to produce. The original signed copy must be produced in any court procedings .
    Pre 2004 most agreements do not comply with the cca as judged by the house of lords ruling in 2004 so even if they do have a signed agreement it is unlikely to adhere to the prescribed terms as set out by that ruling.
    There are so many ways to rip apart a pre 2004 credit agreement thats its quite funny to read what you lot have posted .
  • Wutang_2
    Wutang_2 Posts: 2,513 Forumite
    mabski wrote: »
    There are so many ways to rip apart a pre 2004 credit agreement thats its quite funny to read what you lot have posted .

    Did you spill some of your spaghetti hoops whilst writing this?
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.9K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.5K Spending & Discounts
  • 243.9K Work, Benefits & Business
  • 598.8K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.