Unenforceability & Template Letters III

AL2009_2

Thanks for your quick reponse N.I.D................

I have sent you an email.


Thanks

never-in-doubt

I reapeat, for the benefit of this thread:

never-in-doubt wrote: »

You !!!!!! that you are! Go and play with a train.... good boy :o:o

Do not quote the spammer above! Reported, will be gone in a few minutes....

overise

Hi,

I am new to the forum and have a question about unenforceable credit agreements.

If you have an unenforceable credit agreement due to the lender being in breach of Section 127(3) of the Consumer Credit Act. Does that mean you can stop making payments to the lender because legally they cannot force you to make the payments.

I always thought that if you stopped making the payments you will have defaulted on the agreement and the lender can pursue you for payment. Also the lender would raise this on your credit report and it would only be removed as and when you pay off the debt.

Can the lender automatically cancel the debt due because the credit agreement is unenforceable? Or is it a question of they will challenge the decision in court before they decide what they will do?

macka09_2

Hi NID, thanks for clearing that up for me. What I would like to know is what happens with the CCJ on my file in years to come? Also can I do anything about my 2 credit card debts which was obtained before 2007? I have wanted to clear all debts for a while now as I am back in work, but I feel that it's all a waste of time if I have a CCJ hanging over me?

Wicca303

Hi all,

I haven't been here for a while but wanted to post and say hi.

Things are plodding along for me, don't want to say too much in case I jinx myself.

How's everyone doing?

x

kdallsop

never-in-doubt wrote: »

Hiya

Please don't copy my own templates back into the thread - in future just say you sent the *Name of Template*.... so in this case you should have said I sent the CCA Request and they replied with XXX.... Make sense? :beer:

They are incorrect, send this back to Apex, with the original request and cheque/PO that they returned to you: Follow-Up to DCA - who decline your CCA Request

Read the letter and you'll see why they have to deal with it.

Sorry about that, lack of common sense there I think!! Will make sure I do it properly next time!

Sent the letter recorded today. Im gonna take a bit of a guess that Apex dont have it, with the reply coming back the day after the request! Hopefully not, will give me some bargaining weight for a F&F offer!

Thanks for your help so far NID, will keep updated!

never-in-doubt

macka09 wrote: »

Hi NID, thanks for clearing that up for me. What I would like to know is what happens with the CCJ on my file in years to come? Also can I do anything about my 2 credit card debts which was obtained before 2007? I have wanted to clear all debts for a while now as I am back in work, but I feel that it's all a waste of time if I have a CCJ hanging over me?

What do you mean? If you have a ccj then it stays for 6years and on the 6th anniversary from the date of CCJ issuance, it is removed from your credit file - the lender can apply if they want to, for an extension - not many do and not many judges allow them to - they need a really good reason, like you were missing from the face of the earth - they can't just get an extension for the sake of it, to delay things!

Regards to the debts prior to 2007 what do you mean? Sorry but you're getting way too far ahead of things here - have you ever read this?

http://www.insolvencyhelpline.co.uk/ccj-removal/step-by-step-process.php

http://www.insolvencyhelpline.co.uk/ccj-removal/valid-reasons.php

Rayce

Hi NID,

I spoke briefly to you a couple of weeks back but thought for the benefit of everyone I would post in the main thread with further details.

I've recently become embroiled with Robinson Way DCA on two HSBC debts. I've been in a payment plan with them for a couple of years on these accounts prior to now but they started to not allocate my payments, wouldn't listen to anything I said or attempt to resolve these problems and harassed me constantly for three months - despite all payments being received and a massive effort on my part to try to get them to resolve a problem that existed within their accounting procedure. They wouldn't listen to reason, failed to respond to complaints letters, continually phoned me and treated me like I was failing to adhere to the agreement to the point where I decided that I would CCA the debts.

I used your outstanding guide and in response to a CCA request on the two accounts they simply sent a current Terms and Conditions photocopy for a 2010 current account.

Now the first of the two accounts is a Loan from 2003 so this is obviously insufficient documentation but the other account is a consolidated account consisting of a Credit Card and a much smaller overdraft amount - both taken out in about 2000.

Robinson Way claim the documentation sent is sufficient but I didn't agree to the consolidation of the Credit Card and Overdraft - it's just something they did. I'm aware that I can't CCA the overdraft but surely the larger part of it is unenforcable as they have failed to provide the CCA for the Credit Card?

What do you suggest? I sent a subject access request on 5th May so am awaiting that to see the finer details of the consolidated account and where the payments have been allocated but at the moment I'm in a quandry on this. Half the account is currently unenforcable and half of it isn't. I guess I could argue that payments sent to date more than cover the overdraft amount so in essence it is already paid off but I'm worried and could really use your advice.

I know you're a terribly busy man, so anything you can offer is greatly Appreciated.

R

BrightonSun

Hi Niddy

Confused BrightonSun again!!

OK I have sent the letter today to Mercers as Barclaycard have passed my account to them and they have not provided the CCA (Letter you recommended)

However I am getting endless calls from Mercers. 14 messages since last Thursday and numerous calls. I had previously sent a do not contact me by phone to Barclaycard...Do I send one to Mercers? (Even though Barclaycard should not have passed the account to them as CCA still outstanding)

Thanks

-MRS_T-

I will apologise in advance as I think this post might be a long one.

I have been helping my father in law deal with debts he was unaware of since his wife died unexpectedly last november.

I am at the stage where I have sent the 1st letter and we received a response to my house instead of my father in laws house as me and hubby also have a loan with the same bank and they obviously didnt read the letter correctly.

Sent them a second letter asking for my original request and pointed out there terrible error.

They have since sent what they say is a copy of the original credit agreement which only has my father in laws name on the 2nd applicants section throughout most of the form. I think the agreement looks really fishy and it looks like my mother in laws name has been tipex out as the boxes are broken where it looks like they have doctored it. Also her name doesnt appear on most of the pages, but does appear on the end signature part and loanguard part.

It was never my intention to go down the route of unenforcability I only came across this thread when searching for a letter template to ask for a copy of the original agreement as the local branch could not find it and told my husband that.

We basically were trying to find out if it was in both names and they had tgook insurance on it then we were hoping that it would pay it off and it seems to have opened a can of worms.

I hope this post makes sense and would really appreciate any help advice someone could give me as it is getting stressfull and very difficult for my father in law to continue paying this huge loan.

Many thanks in advance

mrs t