Unenforceability & Template Letters III

never-in-doubt

So if it is your smallest one why not CCA all your creditors? how many do you have and are you paying back monthly?

Are you willing to go the whole hog?

bobosh13

never-in-doubt wrote: »

Hiya,

as Roadster stated (quoted below) - you will invariably get defaulted so unenforceability is not for you :eek:

NID and Roadster, thanks for replies.
I didn't know I could do it myself 3 months ago.
I just came across this thread today.
Kerobo initially promised me that unenforceable agreements will not affect my Cr Rating, that's why I went through with it.
I owe about 10K on my CC, I am in a dilemma right now....
Will this affect my mortgage at all (I mean the one I already have)?
So what's the point sending letters to CRA's, if defaults stay on your file?
I am sorry if I'm asking stupid Qs, a bit confused right now.

averageguy11

Like i sed on a dmp..and for me as long as i can meet the agreed reduced payments and no interest then will continue (tht may chnage of course)....CAPONE..r just playing silly !!!!!!s at mo..hence i like to know my options.

(4 other accounts...2 with Lloyds..2 with MS..had 4 others..but managed to settle on decent f/f)

Goodtimesahead

never-in-doubt wrote: »

Mate that is one of the best agreements i've seen and to be fair to them, it is spot on. Sorry but it's 100% enforceable...... :mad:


p.s. how come you never thank me? ain't I good enough for one? :rotfl::rotfl:

:A:T:A:T:A How's that lol!

Damn the Post Office, I thought they were crap at everything:mad:

underworld

never-in-doubt wrote: »

Mate the second page has the prescribed terms, linked to the first which is signed so that to me looks perfectly enforceable.

Its only a couple of years old right? The terms seem fine, as does the CCA that I assume came attached with the card being it has the card end date and credit limit etc?

I signed for the card in 2002 so the second page which came under seperate cover from Marbles looks to be a copy of the form which a new card would be attatched to replace an expired one.

Would this still make it enforceable?

never-in-doubt

averageguy11 wrote: »

I have decided to take up the suggestion of sending a follow up, requesting they send me the full copy of the CCA (dont think it exists)

Fair enough matey - I see what you mean, sorry it's been a mad week so far and i'm still a little behind on the up-take :rotfl::rotfl:

I remember you saying now, that you'd been paying some back. Thing is though, why not send a CCA to them all, at the end of the day your credit is ruined for the time being as you say, so why bother with any of them - you may as well CCA each lender and then take it from there.... at least carry on paying via dmp until they send the agreement - no harm really for the sake of £1 and a sheet of paper and postage

But regards to the account you mention, send the reminder letter and see if they respond. I assume you're not paying this debt back right now? If so, now is the time to stop as they are in default of your s.78 request meaning it is currently unenforceable.

never-in-doubt

bobosh13 wrote: »

NID and Roadster, thanks for replies.
I didn't know I could do it myself 3 months ago.
I just came across this thread today.
Kerobo initially promised me that unenforceable agreements will not affect my Cr Rating, that's why I went through with it.
I owe about 10K on my CC, I am in a dilemma right now....
Will this affect my mortgage at all (I mean the one I already have)?
So what's the point sending letters to CRA's, if defaults stay on your file?
I am sorry if I'm asking stupid Qs, a bit confused right now.

If Kerobo told you that it would not affect your credit rating they are thick as fcuk! Everyone that deals with unenforceability knows that a default will come - the process speaks for itself.

1. Send CCA
2. Stop paying
3. Defaul registered

regardless of whether it is enforceable or not the point is you need to stop paying at the time 14 days have passed since you sent the CCA Request - therefore anyone that tells you that your credit rating would stay intact is a downright liar!

Kerobo speak for themselves - did you google them prior to passing them your personal info?

One link, out of many I found, is here - it is an MSE thread as it happens: has anyone had dealings with Kerobo Claims Ltd - MoneySavingExpert ...

never-in-doubt

Goodtimesahead wrote: »

:A:T:A:T:A How's that lol!

Damn the Post Office, I thought they were crap at everything:mad:

Thanks mate - appreciate it :T :T

Hmmm, beleive it or not the PO (moreso Bank of Ireland) are actually very clued up and have been sending compliant agreements for several years..... i've only seen one BoI unenforceable card debt which is from the 90's..... nothing much going around at the moment though, although there will be some - surely? (everyone made the same mistakes).....

never-in-doubt

underworld wrote: »

I signed for the card in 2002 so the second page which came under seperate cover from Marbles looks to be a copy of the form which a new card would be attatched to replace an expired one.

Would this still make it enforceable?

Right mate - that changes things somewhat!

Page 1 - clearly shows the date of 2002 as you state and does not contain any of the prescribed terms. This is the original from 2002 (part of the application) - it is not the CCA therefore they have failed so far to comply with your s.78 request as part of this means they should be sending terms that were in place at the time the account was opened along with a copy (or recon) of the agreement you signed at the same time. They sent a copy of the application, neither of what they should be sending.

You need to have a close read of page 1 (I cannot see it too well) and tell me if you can see anywhere words to the effect of 'I agree to the attached Terms & Conditions' or 'Please refer to point XX of the terms' - basically anything that would suggest the document links to another document. If not, does it mention anywhere that it is page 1 of X?

Page 2 - clearly does have the prescribed terms but now I know what it is it changes things. This cannot be used as the CCA - to comply they should send a copy of the original that was in place at the time you took the agreement, i.e. the reverse (linked page) to Page 1 mentioned above.

As you say this is a replacement card letter and therefore is not the CCA as requested under s.78.

So, as things stand it is unenforceable :T - however if you can confirm the bits in red above, i'll advise more.......

roadster

Morning NID

Busy as ever, top chap.

Heres a thought - what kind of percentage of the uk is currently going through unenforceability. How much could be unenforceable are we talking millions of £££. This could be bigger than the bank charges reclaim, that was until the case last year. Do you think that there could be a change in the law to somehow amend the CCA to make all agreements enforceable no mater what.

Just a thought - probably thinking and talking bull sh*t.

Cheers pal