Unenforceability & Template Letters III

Rainbow_Liberty

-MRS_T- wrote: »

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

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

Don't worry Niddy will point you in the right direction when he comes along.

Rainbow_Liberty

never-in-doubt wrote: »

Thanks Rainbow - spot on. :T

Yayyyyy, it took me long enough to understand it myself but seems I've got it now. Should change me name to My Fair Lady / Pygmalian

All thanks to a great teacher though

in_to_deep

in_to_deep wrote: »

hi nid
hope you do not mind but i have e mailed you a copy of my loan cca could you please have a look for me:cool:

morning nid
sorry to be a pain i know you have had a lot a
lot to put up with these last few days but if you get a min just to have a look hope you have a good day:)

never-in-doubt

BrightonSun wrote: »

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

Hiya

Page 1 - send to Mercers (if they are calling you?):

14.4 - Legal Threat - Harassment by Telephone- Threat of legal action unless the phone calls stop;

never-in-doubt

in_to_deep wrote: »

morning nid
sorry to be a pain i know you have had a lot a
lot to put up with these last few days but if you get a min just to have a look hope you have a good day:)

Hiya

I'll check emails mid morning - just got 100 odd threads to catch up on first which takes most the morning

never-in-doubt

Rayce wrote: »

Hi NID,

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

Hiya

Basically if they have merged the OD and CC to what we call "managed loan" then you'll not get a CCA and cannot pick and choose what element is the CC and which is the OD. If you agreed to this verbally or otherwise, unless it is regulated by the CCA then you cannot do much. So, be specific here is it classed as a Loan or what?

Regards to the main body of your message, simply wait until you hear back from your SAR (around 40 days) before acting on your next move,

If they are hassling you on the phone, send this to whoever hassles you: Harassment by Telephone

never-in-doubt

overise wrote: »

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.

You stop payments if you want to, yes. Others simply use this as a negotiating tool for a discount on F&F offers.

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.

You thought right - of course they will default you, its the accurate trail of account performance which they are allowed to report to the CRA's - you do know UE is not a get out of jail FREE card right? It is a last resort and most people NEVER want credit again so to them a default means "sweet eff eh"!

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?

Sorry? Have you learned anything about unenforceability? Nothing is ever cancelled - you need to read a lot more and learn the absolute basics - start at page 1!

See red text in above quote!

Also PLEASE READ PAGE 1! - especially read this - then all your points will be answered, in full:

Frequently Asked Questions - Unenforceability Related
A range of questions designed to assist with your CCA progress....

never-in-doubt

-MRS_T- wrote: »

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

Hi Mrs T

Quite simply, you're better off sending a SAR (plus £10) as this will get you everything you need to know.... see below:

13. SAR Request - Advanced Version
Advanced Version of a Subject Access Request - remember to enclose £10 with your request.

It is worth noting though that if they had a joint loan and one party was to die, the other does become solely responsible unless, as you rightly point out, there was insurance to cover the repayments.

It'd be worth checking for sure, they really don't want to start messing with SAR requests and using tippex - not something i'd sugegst but if they do then you'll have a great case even demanding the loan is cancelled in its entirety (whether they listen is another story altogether).

Sorry I can't give definitive answers right now, but get your Dad to start with the SAR and see what that brings (costs £10 and takes upto 40 days)

Good Luck

-MRS_T-

never-in-doubt wrote: »

Hi Mrs T

Quite simply, you're better off sending a SAR (plus £10) as this will get you everything you need to know.... see below:



It is worth noting though that if they had a joint loan and one party was to die, the other does become solely responsible unless, as you rightly point out, there was insurance to cover the repayments.

It'd be worth checking for sure, they really don't want to start messing with SAR requests and using tippex - not something i'd sugegst but if they do then you'll have a great case even demanding the loan is cancelled in its entirety (whether they listen is another story altogether).

Sorry I can't give definitive answers right now, but get your Dad to start with the SAR and see what that brings (costs £10 and takes upto 40 days)

Good Luck

Hello

Firstly many thanks for taking to time to read and respond to my query.

I have already sent the sar and have the response back from them which is why I have a copy of the supposed credit agreement.

I was reading over the paperwork again and they have completley mucked this request up. They have sent me a loan agreement which is dodgy to say the least and also the dates on it have 2003 and 2006 on it so I think they have sent me a previous agreement as they have had several loans over the years with rbs. So on looking at it last night again it looks like they still havent managed to find the loan in question, and the one they have found they have doctored it.

never-in-doubt

in_to_deep wrote: »

morning nid
sorry to be a pain i know you have had a lot a
lot to put up with these last few days but if you get a min just to have a look hope you have a good day:)

Hiya

MBNA Loan = enforceable. Sorry