Unenforceability & Template Letters III

DGJsaver

!!!!!! , bit late now i spose,...hopefully if they were going to scan it etc they may have done it in time for when they responded the first couple of times..

never-in-doubt

DGJsaver wrote: »

!!!!!! , bit late now i spose,...hopefully they would have used it when they responded the first couple of times..

haha - just messin mate, don't worry about it - they won't copy it, that'd be daft!

cejsmith

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Hi mate - you say it appears they may be unenforceable, based on what? i.e. have you had them checked over? Sorry, but you're not helping me much mate lol...... if all you want to do is get the defaults removed then aim for the fact that they are invalid - use this thread here: Invalid Default Notices - Default Removal [/QUOTE]

I think you checked the HSBC one and the egg ones appear to be unenforcable as well, I checked them against others on this site and also the other major source of info the consumer action group.

I will read the link with interest.

Locke

never-in-doubt wrote: »

You won't get too many calls if we nip it in the bud early - see point below though....



That makes the above a lot easier - also set up a mail divert for 12 months and do not give the creditors the new address, that makes unenforceable a lot easier.... however if you bring any credit from old address to the new one they will link you so best to close all accounts and then move, then open a new bank account at the new address....

Obviously some things I can't say on here but I think the above gives you food for thought.... point is, you could refuse to pay and get some defaults which will be gone in like 6 years - you do not have any assets
they can touch so nothing to worry about in that respect...

in the same time it'd take you to pay almost £40k - you could have saved it thus meaning you have no need for credit in the same period of time, which all ties in nicely with unenforceable and defaulted accounts.

Make sense mate?

One other point I'd like to ask you about NID while I'm picking your brains, I've got a credit card with Capital One which I've opted out of due to them increasing the interest, so basically I can't use the card anymore but I pay the debt back under the old interest.

Could I still CCA them or won't I be able to any more?

never-in-doubt

Locke wrote: »

One other point I'd like to ask you about NID while I'm picking your brains, I've got a credit card with Capital One which I've opted out of due to them increasing the interest, so basically I can't use the card anymore but I pay the debt back under the old interest.

Could I still CCA them or won't I be able to any more?

Regards the first point mate - please amend your message and take that out - it'll cause a sh!tstorm :eek: :eek:

I've PM'd you....

Regards to the rate jacking freeze that you opted for, you can still CCA them - nothing changed mate. They still have to comply with the agreement when the card was taken out - originally.

Playboy999

I am really confused about this and wanted some info if possible. I have recently requested a signed true copy of the credit agreement from Littlewoods. They replied saying they cannot locate this and included a copy of the terms n conditions "for this type of account".

Can they apply for a CCJ with no signed credit agreement?

never-in-doubt

Playboy999 wrote: »

Can they apply for a CCJ with no signed credit agreement?

No they cannot - see my signature and the quote below.....

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

You need to send this back to them: CCA Query - Terms & Conditions Supplied

Have they CCJ'd you like?

Playboy999

Thanks for your reply. No they haven't CCJ me, i just wondered if they could. I have been reading a lot of stuff about creditors still being able to take you to court without a signed agreement?

I have sent this back to them but just wanted to get the facts so i know they cant fob me off!

never-in-doubt

Playboy999 wrote: »

Thanks for your reply. No they haven't CCJ me, i just wondered if they could. I have been reading a lot of stuff about creditors still being able to take you to court without a signed agreement?

I have sent this back to them but just wanted to get the facts so i know they cant fob me off!

Don't worry mate - you're on the right thread to sort it now.....

Locke

never-in-doubt wrote: »

Regards the first point mate - please amend your message and take that out - it'll cause a sh!tstorm :eek: :eek:

I've PM'd you....

Regards to the rate jacking freeze that you opted for, you can still CCA them - nothing changed mate. They still have to comply with the agreement when the card was taken out - originally.

Ok mate and edited.:)