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Battle with Lloyds
mrdavidwfoster
Posts: 1 Newbie
in Credit cards
Hi guys,
Ok so i'm stuck in a battle with Lloyds over a card where there was no signed agreement. An agreement which is unenforceable due to section 61 CCA 1974.
I've followed previous experience threads and now i think i need to draw on some help from a forum. Here is their latest letter and please fire away questions and i will build the picture.
Basically Lloyds are saying that regardless of Section 61 i still need to pay. They have now instructed a Debt agency to chase me.
Look forward to hearing from you all.
Ok so i'm stuck in a battle with Lloyds over a card where there was no signed agreement. An agreement which is unenforceable due to section 61 CCA 1974.
I've followed previous experience threads and now i think i need to draw on some help from a forum. Here is their latest letter and please fire away questions and i will build the picture.
Basically Lloyds are saying that regardless of Section 61 i still need to pay. They have now instructed a Debt agency to chase me.
Look forward to hearing from you all.
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Comments
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mrdavidwfoster wrote: »Hi guys,
Ok so i'm stuck in a battle with Lloyds over a card where there was no signed agreement. An agreement which is unenforceable due to section 61 CCA 1974.
I've followed previous experience threads and now i think i need to draw on some help from a forum. Here is their latest letter and please fire away questions and i will build the picture.
Basically Lloyds are saying that regardless of Section 61 i still need to pay. They have now instructed a Debt agency to chase me.
Look forward to hearing from you all.
Did you borrow the money?
If so, get your suit cleaned & pressed ... I think you'll be needing it soon
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If you borrowed the money, you still have to pay them back regardless of not having a signed agreement.Credit 'Score' - Don't buy the credit 'score' that Experian, Equifax and Noddle want to sell you. It's an arbitrary number that means nothing when it comes to applying for credit.
ALWAYS HAVE A DIRECT DEBIT SET UP FOR THE MINIMUM PAYMENT ON YOUR CREDIT CARDS, REGARDLESS OF WHETHER YOU PLAN TO LOGIN AND PAY EACH MONTH.0 -
The advice you are following from previous threads - how old are the threads you are reading? are you sure you are reading up to date and accurate advice in these threads?
If you think the advice is current then if you can explain the position and history with your account and what you are hoping to achieve then people on here may be able to advise you further (e.g. are you hoping to prevent the creditor/debt collector from successfully obtaining a court judgement? or are you hoping to have the debt removed from your credit file/hoping to stop them chasing payment or hoping for a letter from them to say they agree that the you do not owe them money or what?)A smile enriches those who receive without making poorer those who giveor "It costs nowt to be nice"0 -
I want it cleared from my credit file. How is a debt enforceable if there is no signed agreement? Cheers guys.0
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I'm sure you'd like it cleared from your file but an ink on paper signature is not required to prove the debt, I can open a bank account, change energy supplier, get a loan etc etc from the comfort of my own living room without signing anything. Doesn't mean I don't have to pay whatever I owe under the contract/ agreement.davidwfoster wrote: »I want it cleared from my credit file. How is a debt enforceable if there is no signed agreement? Cheers guys.0 -
davidwfoster wrote: »I want it cleared from my credit file. How is a debt enforceable if there is no signed agreement? Cheers guys.
There is a difference between a debt being enforceable in a court and a creditor being allowed to pursue for payment/report the debt to the credit reference agencies.
Without a signed agreement they may not be able to successfully obtain a court judgement against you.
But that does not mean that they have to stop reporting to the credit ref agencies if you cease payments/fall behind with payments.A smile enriches those who receive without making poorer those who giveor "It costs nowt to be nice"0 -
Op it may not be enforceable in court, but for 6 years they can kill your credit file instead.Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.0
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This debt is from 2001 in its origination. I'm happy to go to court on this. They has been a case won on this basis before. The name escapes me now.0
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davidwfoster wrote: »This debt is from 2001 in its origination. I'm happy to go to court on this.
I bet you were happy in 2001 as well, when you had the funds to use for your own personal gain from the card.0 -
When did you default on the debt?Non me fac calcitrare tuum culi0
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