Unenforceability & Template Letters III

nogotaclue

Hi ,

I have found your information extremely useful and wondered if you knew where the place i get get some advice or whether you are able to provide any.

I have a loan of 25,000 with Halifax. I have never had adverse gredit and even to day ensure all my credit commitments are paid first. I was looking to move house when i discovered that the 25,000 is in fact a secure loan. I have had if for five years and have an outstanding balance of 22,500. I am confused as A) i took the loan as both consolidation and home improvements however never recollected discussions around secured by part of the aggreement. I was young and niave no excuse i know, but am now questioning whether this was sold unfairly or if it falls under the unenforceable aspect you talk on here.


I am unclear as to whether i need to instruct a solicitor or deal with matters myself. I am happy to not have the debt completely whiped and even pay back half with the remainder whiped. Should i contact Halifax and expressed by concerns verbally and ask if out of good will they will consider. Or should i follow these templates? I am concerned of bad credit as this is something i have always aimed to avoid. This make no make sense ...but any advice will be greatly appreciated.

never-in-doubt

BigCraigJohn wrote: »

Hi NID just have a little question as I stumbled upon a certain piece of paper from 2005 while clearing out.

If a creditor has told you in writing that something is a reconstituted copy. Then you found the original which contained about 5% of the information in the reconstitued copy. Would there statement that it was a reconstituted copy be legally binding?(not that thats of much relevance) as surely a reconstituted copy should contain exactly what was in the original.

It seems that in making the reconstituted copy they merged the agreement and t&c into 1 lot and called it "original agreement" so that it makes some sense where the original refers to none existant conditions on the reverse and misses out default charges etc.

Mate key point here, if the account is pre 04/2007 then only an original matters, a recon means nothing so really that should answer your question! We know that banks change recons to suit, and most are enforceable, ergo all my templates demand a photocopy of an original as that proves that they have it - without such, s.127 protects you.

never-in-doubt

nogotaclue wrote: »

Hi ,

I have found your information extremely useful and wondered if you knew where the place i get get some advice or whether you are able to provide any.

I have a loan of 25,000 with Halifax. I have never had adverse gredit and even to day ensure all my credit commitments are paid first. I was looking to move house when i discovered that the 25,000 is in fact a secure loan. I have had if for five years and have an outstanding balance of 22,500. I am confused as A) i took the loan as both consolidation and home improvements however never recollected discussions around secured by part of the aggreement. I was young and niave no excuse i know, but am now questioning whether this was sold unfairly or if it falls under the unenforceable aspect you talk on here.


I am unclear as to whether i need to instruct a solicitor or deal with matters myself. I am happy to not have the debt completely whiped and even pay back half with the remainder whiped. Should i contact Halifax and expressed by concerns verbally and ask if out of good will they will consider. Or should i follow these templates? I am concerned of bad credit as this is something i have always aimed to avoid. This make no make sense ...but any advice will be greatly appreciated.

You should be speaking to the FOS and the bank if you want to pursue matters - unenforceability is a little risky, to say the least, on any secured loan because they can reclaim their 2nd charge if necessary.

Its not something i'd be willing to get involved with, way too much to lose. Just speak to the bank, raise a complaint and let them try and resolve it - then if they cannot you complain to the FOS and FSA. (click links to be taken to the complaint page of the relevant site)...

handyman123_2

:AAll Hail to El Niddy. Thanks your advice has done it again.
In the post this morning, the first letter from Crapquest since the 9th of April. They appologise for taking so long to get back to me,
and for not producing the CCA requested. They go on to say that there conclusion is that my alleged debt is Statute Barred. Thier words not mine. No further action to be taken.

I never even got to send the last letter, (shucks).
Maybe we should come up with a logo [STRIKE]£[/STRIKE] like the old fighter pilots had on the side of the spitfire for each time you win one for somebody.

I cannot explain how low I was before last Xmas. If It wasnt for the help you provided and the support of people on MSE, old handy would have done something stupid by now.

Once more Big Thank you.

Cheers mate the beers realy will be on me sometime soon:beer:

never-in-doubt

handyman123 wrote: »

:AAll Hail to El Niddy. Thanks your advice has done it again.
In the post this morning, the first letter from Crapquest since the 9th of April. They appologise for taking so long to get back to me,
and for not producing the CCA requested. They go on to say that there conclusion is that my alleged debt is Statute Barred. Thier words not mine. No further action to be taken.

I never even got to send the last letter, (shucks).
Maybe we should come up with a logo [STRIKE]£[/STRIKE] like the old fighter pilots had on the side of the spitfire for each time you win one for somebody.

I cannot explain how low I was before last Xmas. If It wasnt for the help you provided and the support of people on MSE, old handy would have done something stupid by now.

Once more Big Thank you.

Cheers mate the beers realy will be on me sometime soon:beer:

Hi matey

Excellent news :T Well done you!!

Glad to hear that it is sorted - AT LAST! :rotfl::rotfl:

p.s. no need for beers, glad you got it sorted - that's the main thing here.... :beer: One less thing to worry about.

never-in-doubt

handyman123 wrote: »

Maybe we should come up with a logo [STRIKE]£[/STRIKE] like the old fighter pilots had on the side of the spitfire for each time you win one for somebody.

Haha - a spitfire isn't long enough to have all the symbols!

fedupwiththeworry

Hi Nids,

Further to 3819

Just sent out the chase letters when lo and behold the Cahoot Loan CCA has turned up. Would you mind taking a look for me please ?
This is the 1st one I've received and does seem to have all the correct elements, albeit the T&C's are not the original one's as they state Santander and it was Abbey at the time of the loan.

TIA

dibs69

Hi niddy, seems like a jumbo would not be big enough:rotfl:got a letter from ltsb in relation to my Debtors Final Response - CCA Received thay say thay are carrying out an immediate investigation in to it and a further 28 days to respond ,!!!!!!, thay have allready done this same letter twice before:mad: there having laugh:rotfl:

never-in-doubt

fedupwiththeworry wrote: »

Hi Nids,

Further to 3819

Just sent out the chase letters when lo and behold the Cahoot Loan CCA has turned up. Would you mind taking a look for me please ?
This is the 1st one I've received and does seem to have all the correct elements, albeit the T&C's are not the original one's as they state Santander and it was Abbey at the time of the loan.

TIA

Hiya

Ok email it over, but if it is correct the fact the terms are wrong doesn't change much - it just delays the inevitable.....

never-in-doubt

dibs69 wrote: »

Hi niddy, seems like a jumbo would not be big enough:rotfl:got a letter from ltsb in relation to my Debtors Final Response - CCA Received thay say thay are carrying out an immediate investigation in to it and a further 28 days to respond ,!!!!!!, thay have allready done this same letter twice before:mad: there having laugh:rotfl:

Yep - that is Lloyds for you, totally inept... :rotfl: :rotfl:

It buys more time but to be fair you need them to issue a final response - then you can walk away I s'pose....