Unenforceability & Template Letters III

never-in-doubt

never-in-doubt wrote: »

Right, to the documents sent.

1. The addresses differ from CCA to Terms
2. The CCA is not a CCA - it is an acceptance sheet as part of an application form
3. The prescribed terms are not on the same page as the signatures nor are they linked to.
4. The only linking refers to s.23 of their terms and the fact you have read and agree to their terms overleaf - s.23 is how they use your information (i.e. DPA) - BUT they aren't set out in any prescribed terms way either

In a nutshell - it is still 100% unenforceable, even now.

The above reasons are why the agreement is unenforceable. You need to send the following template

CCA Query - Terms & Conditions Supplied

libbyjade

never-in-doubt wrote: »

In a nutshell - it is still 100% unenforceable, even now.

The above reasons are why the agreement is unenforceable. You need to send the following template

CCA Query - Terms & Conditions Supplied

Thanks Nid, next time I'll be clearer and send you all relevant details :beer:

never-in-doubt

libbyjade wrote: »

Thanks Nid, next time I'll be clearer and send you all relevant details :beer:

No problems matey - it takes around 2 minutes to check an agreement (sad but true) and so its actually easier to have it all in one swoop than to check half then re-check the rest - that's what I was trying to say...

But with the checkers on page 1 it should be sooo easy to DIY - otherwise I wasted a whole day doing them - arghhhhhhh :rotfl:

So, how many accounts are you left fighting, after this one?

ju34514

never-in-doubt wrote: »

Hiya

Did you actually apply for a loan with them or was it 'sold to you', i.e. you're having this to repay the account kinda style? Please be quite specific as this does matter....

If you applied or whatever, did you apply online or over the phone and do you remember signing an agreement? You say it has a creditor typed name, this is fine as it acknowledges the creditors agreement..... The issue here is did you sign>

Hi,

I think it was them that suggested changing it to loan over the phone to reduce the payments as I was struggling, I agreed and they must have sent the agreement for me to sign. I don't remember signing but it is my signature so must have done. My head was all over the place at the time what with lots of debt/car accident/new baby.

Shop direct/littlewoods/NDR have all been horrible and unhelpful, I HATE THEM....ARGHHHHH !!:mad::mad::mad:

Sorry about that.....

Ju

libbyjade

never-in-doubt wrote: »

No problems matey - it takes around 2 minutes to check an agreement (sad but true) and so its actually easier to have it all in one swoop than to check half then re-check the rest - that's what I was trying to say...

But with the checkers on page 1 it should be sooo easy to DIY - otherwise I wasted a whole day doing them - arghhhhhhh :rotfl:

So, how many accounts are you left fighting, after this one?

Valuable Lesson learnt - I'm just conscious of taking up too much of your time - and me being uneducated, I thought the other 4 pages weren't that important - doh!! (hence you running this thread and not me )

left fighting 3 more (noooo I hear you cry!)
awaiting responses from all 3 after stopping payments and sending cca dispute letters.

DeBilde

Hi NID,

You may or may not remember (probably the latter) my situation. Here it is again:

Argos and MBNA sent enforceable CCA's, Agreed repayment plan with both and they are happy and have frozen interest at 0% and stopped charges. Should have them paid in next 2 years.

Barclays 3 CC's and 1 Loan have yet to send me any CCA's that are enforceable. I have stopped paying 4 months ago, still no defaults though. With these I am wanting to offer F&F's to them, how is it best to word the fact that I am offering it at a reduced rate as they agreements are unenforceable?

Cheers Mate

never-in-doubt

DeBilde wrote: »

Barclays 3 CC's and 1 Loan have yet to send me any CCA's that are enforceable. I have stopped paying 4 months ago, still no defaults though. With these I am wanting to offer F&F's to them, how is it best to word the fact that I am offering it at a reduced rate as they agreements are unenforceable?

Cheers Mate

Hiya

Ok, as you're not defaulted yet this falls outside my remit lol - i.e. i'm not the best person to ask about making payments to banks, I prefer not paying them myself! :rotfl::rotfl:

Seriously though, have a mooch here: http://www.insolvencyhelpline.co.uk/debt_factsheets/full_and_final_settlement_offers.php

Add a paragraph to whatever letter you send asking for a F&F settlement stating the unenforceable element, as below:

You have failed to comply with my lawful s.78 CCA request, and as such you are now in default and this account has become unenforceable. The document that you were obliged to send was a true copy of the executed agreement that contains the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in s.61(1) of the CCA(1974) and subsequent Statutory Instruments.

As you have Failed to comply with a lawful request for a true, signed copy of the agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested, any legal action you pursue will be averred as both unlawful & vexatious. Furthermore I shall counter-claim that any such action constitutes unlawful harassment.

never-in-doubt

libbyjade wrote: »

left fighting 3 more (noooo I hear you cry!)
awaiting responses from all 3 after stopping payments and sending cca dispute letters.

Haha - don;t worry about taking up my time mate, i'd much rather see you walk away with 4 unenforceable debts at the end of it all -

When you hear from the others, let us know mate,...

BeenieCat

never-in-doubt wrote: »

So really you should continue not paying and staying out of the radar for the next couple of years, which sounds like your plan anyway! :D

Lol

Well i've just been opening my mail that's been accumulating for some time now, and have a letter from last month by Shop Direct saying they're adding a default, sooooo that's another 6 years. Just waiting on new printer ink and this is getting done.

Re. Studio - since i'm now 'Gone Away' should i just pretend it doesn't exist now?

never-in-doubt

BeenieCat wrote: »

Re. Studio - since i'm now 'Gone Away' should i just pretend it doesn't exist now?

Be careful what you post on public forums...... Lots of self righteous people on here

Put another way, if you didn't get in touch then nothing will really change from what has happened to date, IYSWIM?? :rotfl::eek::rotfl: