Unenforceability & Template Letters III

MIKEMANK

HI NID
AND EVERYONE ELSE.
been reading a lot of the post on these forums for a while now .but was worried about posting because of my grammer and also the embarressing position i am in.
but my partner has encouraged me to face up to the mess that i am in and hopefully start to sort my life out so i can start to live again .
my debts are quite big totalling around 14,000 i think.
but need advice on my main one which is with black horse ,totalling 8,000
they contacted me around 2 weeks ago they asked if i was able to pay the ammount in full to which i said i was unable .they then informed me that they had put a charging order on my house which i did not know about (was a bit shocked and worried as did not know what this meant at the time,do now).was in a very bad place and not been opening mail for 2 years plus .
i informed them that i would phone on pay day and make arrangements to pay which is this wednesday.i am going to request the cca agreements for the 2 credit cards that i have with llyoyds tsb both pre04/07. but i need to know b4 i make arrangements with black horse if i am able to go this route considering that i have a charging order on my house ,if i arrange a payment plan with them this negates the oppertunity to go the route whisch i am taking with my credit cards surely.
nid your advice would be appreciated.i understand that if i go this route i end uop with defaults on my credit file .but with not opening mail for quite a while i have them anyway.
thanks for any advice given in advance.

never-in-doubt

MIKEMANK wrote: »

HI NID
AND EVERYONE ELSE.
been reading a lot of the post on these forums for a while now .but was worried about posting because of my grammer and also the embarressing position i am in.
but my partner has encouraged me to face up to the mess that i am in and hopefully start to sort my life out so i can start to live again .
my debts are quite big totalling around 14,000 i think.
but need advice on my main one which is with black horse ,totalling 8,000
they contacted me around 2 weeks ago they asked if i was able to pay the ammount in full to which i said i was unable .they then informed me that they had put a charging order on my house which i did not know about (was a bit shocked and worried as did not know what this meant at the time,do now).was in a very bad place and not been opening mail for 2 years plus .
i informed them that i would phone on pay day and make arrangements to pay which is this wednesday.i am going to request the cca agreements for the 2 credit cards that i have with llyoyds tsb both pre04/07. but i need to know b4 i make arrangements with black horse if i am able to go this route considering that i have a charging order on my house ,if i arrange a payment plan with them this negates the oppertunity to go the route whisch i am taking with my credit cards surely.
nid your advice would be appreciated.i understand that if i go this route i end uop with defaults on my credit file .but with not opening mail for quite a while i have them anyway.
thanks for any advice given in advance.

Hiya

Ok, the thing with a CO is that they in essence put a second charge on your home, this means little as they cannot force a sale - it simply means if and when you ever sell, they could be entitled to their funds.

However i'm not the best person to speak to regards to CO's and the like, if I were you - for maximum exposure and best sound advice - i'd start a new thread here: Debt-Free Wannabe

You can of course request the CCA from Black Horse but you'd not be able to use that to cancel the CO as the CO was issued prior to your s.78 CCA Request which means at the time of issuance, it would have been valid and therefore awarded.

You'd probs have to take them to court to have it removed, if they came back without the CCA - as I say, i'm no expert on the court systems so start a new thread and await the likes of 10past6, fermi, RAS, George etc as these guys know their stuff and will help with this kind of query - its not really relevant to Unenforceability.

Best of luck.

jen_br

Gooooood Morning

MIKEMANK

never-in-doubt wrote: »

Hiya

Ok, the thing with a CO is that they in essence put a second charge on your home, this means little as they cannot force a sale - it simply means if and when you ever sell, they could be entitled to their funds.

However i'm not the best person to speak to regards to CO's and the like, if I were you - for maximum exposure and best sound advice - i'd start a new thread here: You can of course request the CCA from Black Horse but you'd not be able to use that to cancel the CO as the CO was issued prior to your s.78 CCA Request which means at the time of issuance, it would have been valid and therefore awarded.

You'd probs have to take them to court to have it removed, if they came back without the CCA - as I say, i'm no expert on the court systems so start a new thread and await the likes of 10past6, fermi, RAS, George etc as these guys know their stuff and will help with this kind of query - its not really relevant to Unenforceability.

Best of luck.

OK THANKS ANYWAY NID .
shall i perspone my phone call on wednesday .until heard further from the likes of ten past 6 etc .as i feel this my put me at a disadvantage in regards to persuing the unenforceability part if i am able to do so.
:beer:cheers mate for any advice.

never-in-doubt

jen_br wrote: »

Gooooood Morning

Morning Jen -

never-in-doubt

MIKEMANK wrote: »

OK THANKS ANYWAY NID .
shall i perspone my phone call on wednesday .until heard further from the likes of ten past 6 etc .as i feel this my put me at a disadvantage in regards to persuing the unenforceability part if i am able to do so.
:beer:cheers mate for any advice.

Hiya

Best to start a new thread as directed, you will get better and more detailed replies. :beer:

garwil

Good morning Lord NID ( i have given you an honary title - you deserve it)
I have been following all the happenings on here very closely and have gone for CCA's on some of my credit cards - i have followed your excellent directions and hopefully see results soon - thanks for all the guidance:T.

I now have a question - i know you say that Unenforceability is not doeable pre April 2007 but i have a Barclay Card that was taken out in July 2007 - it has now been passed to mercers - is there any point in trying to go for it on this one or should i bargain with Mercers for a payment plan?

Thanks in anticipation.

never-in-doubt

garwil wrote: »

Good morning Lord NID ( i have given you an honary title - you deserve it)
I have been following all the happenings on here very closely and have gone for CCA's on some of my credit cards - i have followed your excellent directions and hopefully see results soon - thanks for all the guidance:T.

I now have a question - i know you say that Unenforceability is not doeable pre April 2007 but i have a Barclay Card that was taken out in July 2007 - it has now been passed to mercers - is there any point in trying to go for it on this one or should i bargain with Mercers for a payment plan?

Thanks in anticipation.

Morning & thanks :beer:

Regards to your query, you're best forgetting it cos to be fair after 04/07 the CCA does not require an original agreement, i.e. the lender can use a recon so you have no legal backing, i.e. with s.65/s.127 etc etc....

Personally, id say its a wasted excercise - but yea, you could still do it if you wanted - they still do have to comply, but the key difference is they would not need to produce the signed original to the court - instead they can provide a recon, although the prescribed terms etc still have to be present, and with loans they still need the signature of the debtor (i.e. original).

Its a difficult one but the bottom line is that the lender can if they like create a document and present it to the court, as an original. Also you'll find most post 04/07 agreements are perfectly fine plus you'll see that lenders are storing the originals more safely!

It was a learning curve, nonemoreso than to the banks themselves.

garwil

Thanks for your speedy response
I will take your advise and forget it - now to plead with Mercers to accept a payment plan - i had asked Barclay before but they just ignored my letters:mad:.

I will keep you posted on my other Unenforcebility claims - i will probably need your help as they progress:o

Have a nice day.:beer:

never-in-doubt

garwil wrote: »

Thanks for your speedy response
I will take your advise and forget it - now to plead with Mercers to accept a payment plan - i had asked Barclay before but they just ignored my letters:mad:.

I will keep you posted on my other Unenforcebility claims - i will probably need your help as they progress:o

Have a nice day.:beer:

Hiya

Nooo - do not plead with them, simply write to them and say "I offer this" - end of. If they get snotty then sod them, they cannot do much to you and if they try, we're here to stop it.

The lender are always a nightmare, best to let the account get sold to a DCA as they will accept payments and reduced F&F offers.

Take care :beer: