Unenforceability & Template Letters III

planning_ahead_2

libbyjade wrote: »

Oh and to make this a sticky!!

I only read this thread, do not participate. However, I totally support the view that it would be an excellent idea to make it a sticky at the top of the DFW forum.

never-in-doubt

roadster wrote: »

Just a thought - if an account is in dispute are they permitted to keep adding interest and charges, or should they freeze until dispute is resolved or deemed Unenforceable.

Thanks again mate

Mate don't worry about interest being added, you're not planning on paying them back anyway........... are you? ;);)

We have to assume that unenforceability will occur, if not then yea we'll look at reclaiming any charges afterwards. But really, no if it is in dispute then the account should be frozen, claiming unenforceability does not put it into dispute as such, to be in dispute (in the legal manner) would be like a loan mis-sold PPi for example.

Make sense?

never-in-doubt

underworld wrote: »

I'll just leave it at that then, thanks to you both.

I'll quote the bit in bold next time they ring as they have my work number

Next time they ring your work you should be quoting the following:

Since you've sent me nothing, and the missing document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states:

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).

Send me the document requested and then we'll see what happens, until then - fooooook off!

never-in-doubt

razer12121 wrote: »

thats a good read, i know a few people that will help out! :j however i do have one last thing i would like to know, if no contact is made with the company, can they still apply a CCJ agasint the creditor?

They can apply for a CCJ anytime up until Statute Barred, so if for some reason you found a CCJ was added after 6 years of no contact then you'd get it struck off, i.e. cancelled.

Also it would be a debtor, the creditor is the owner of the account mate, i.e. the bank/dca

never-in-doubt

AndyLGR wrote: »

This is an interesting point. I sent 2 CCA's off on 31st Jan this year, one to Lowells for a Barclaycard and one to Fredrickson for a Cap 1 card.

Fredrickson have replied to say they have requested the CCA from the original lender and in the meantime my account is now on hold. So they have declared my account is on hold - do I still send them stage 2 reminder and tell them I'm withholding payments (I've already stopped my standing order for them due later this month).

Lowells have sent 2 replies basically saying the same thing that the lender is requesting the form from their archives and once they obtain it then I will have to pay the amount owed in full, or risk going to court etc. I think they are trying to scare me in to suddenly paying the full amount (if I could), but anyway I was going to send the reminder / cease payments letter today anyway and see what happens from there, however now you mention how long it takes to get archived material, should I hang on a little longer?

Mate the accounts are both unenforceable until they respond.. Save your stamps and sit back and wait....

what is the rush? :D

never-in-doubt

JuicyLou wrote: »

Hi, I've started a new thread with this question, but this might be a better place for it. Sorry for the double post.

I know you can request a copy of your credit agreement for loans and credit card debts and if one can't be produced the debt is unenforceable, but does that also apply to overdrafts? Is there a different letter I need to send?

Thanks in advance. x

You cannot CCA overdrafts, no. They are exempt from CCA1974 and therefore you either pay it back or just ignore the bank - your choice.

However if the balance is made entirely of charges and you feel there was errors, you can seek redress and/or try for write off. But basically, an overdraft has to be excluded from all CCA action.

never-in-doubt

planning_ahead wrote: »

I only read this thread, do not participate. However, I totally support the view that it would be an excellent idea to make it a sticky at the top of the DFW forum.

In order to get it a sticky then we need loads of people (i.e.everyone that comes here) to email in and ask!

Send mail here with a link to the thread and ask for it to be a sticky: [EMAIL="abuse@moneysavingexpert.com"]abuse@moneysavingexpert.com[/EMAIL] :D

They won't do it though! They'd rather have some carp about where you can use Amex - which like affects, 2% of the site users!

planning_ahead_2

never-in-doubt wrote: »

In order to get it a sticky then we need loads of people (i.e.everyone that comes here) to email in and ask!

Send mail here with a link to the thread and ask for it to be a sticky: [EMAIL="abuse@moneysavingexpert.com"]abuse@moneysavingexpert.com[/EMAIL] :D

They won't do it though! They'd rather have some carp about where you can use Amex - which like affects, 2% of the site users!

email no.1 duly sent Sir NID (if there was a bowing smiley I would duly post it now;))


Edit: PS.....do you not require sleep like other mortals ?

never-in-doubt

maz1964 wrote: »

Good Morning NID

I am good after a good nights sleep finally after many sleepless nights -
I am fine really thankyou for asking:) - and its sometimes hard on here with words on a screen to how you want to express your feelings:p:p

Afternoon Maz...

Thanks for your post, not really much to reply to but thought i'd pop in and say thanks for your post - nice to see how it affects people, and how they are coping. I always say don't worry, you have a legion of help on here and together, we'll fight the lenders until they clean up their acts!

I got approached by a bank - want me to work for them as their s.78 specialist - i.e. to fight back against people that put in s.78 claims! I mean, are Lloyds really that desperate! (oops, am I allowed to mention their name!) :rotfl::rotfl:

I'd rather sell my soul to the devil.... :eek:

never-in-doubt

planning_ahead wrote: »

email no.1 duly sent Sir NID (if there was a bowing smiley I would duly post it now;))

Edit: PS.....do you not require sleep like other mortals ?

Hiya

Sleep - what is that? :rotfl::rotfl:

I got some kip earlier, will be working now right through til 8am again! Yawn! :eek: