Advice Required Re: CCA

WhatDoIDo?

kel123 wrote: »

Not void; unenforceable (without an original signed cca) the debt is still there but they have no way of enforcing it through the courts. Then after 6 years (Eng and Wal) it becomes statute barred.

Do you think CCCS would be helpful in regards to this or would they strongly advise me to continue payments and follow the 'agreement' through?

Would Citizens Advice be of any help, do you think?

P.S. Thanks for everyones help/advice. Really appreciate it

kel123_2

To go down this route takes nerve (i'm in the middle of it now) it's definately not for the faint hearted. Not sure what they would say it's perhaps worth the question, in the end it has to be your choice, i'm in the situation were i've realy nothing to loose but all to gain. My debt free age is at present 72 so %$%$ um because they legally ^%^%ed me.

maz1964

hiya,

With such a high loan amount i would definately investigate more, could it be they have just printed off a copy of their files to send you but the signed one if there is one is tucked away in the archive files and they didnt want to go hunting for it?

Would advice like above like Kel123 has said, maybe cab or cccs may help you further over the telephone but lets hope for you someone didnt do their job right and forgot to get you to sign it,,,,,judge will have an easy case then and you can come back and let us all know the outcome.

Just a thought should we all request a copy of cca from our creditors just to see for a 1.00 just so we do have our own copy for our files??

Good luck

Ciao maz

WhatDoIDo?

kel123 wrote: »

To go down this route takes nerve (i'm in the middle of it now) it's definately not for the faint hearted. Not sure what they would say it's perhaps worth the question, in the end it has to be your choice, i'm in the situation were i've realy nothing to loose but all to gain. My debt free age is at present 72 so %$%$ um because they legally ^%^%ed me.

I can believe it. If I was on my own it wouldn't be an issue, but I have my Girlfriend and our house to think about as well. The last thing I want to do is really annoy Barclays and have them come at me with a CCJ.

maz1964 wrote: »

hiya,

With such a high loan amount i would definately investigate more, could it be they have just printed off a copy of their files to send you but the signed one if there is one is tucked away in the archive files and they didnt want to go hunting for it?

Would advice like above like Kel123 has said, maybe cab or cccs may help you further over the telephone but lets hope for you someone didnt do their job right and forgot to get you to sign it,,,,,judge will have an easy case then and you can come back and let us all know the outcome.

Just a thought should we all request a copy of cca from our creditors just to see for a 1.00 just so we do have our own copy for our files??

Good luck

Ciao maz

Yeh, thats what I want to check/make sure - that I have an actual copy of my CCA and not a copy of their/my file. Maybe I should contact Barclays and check. But I don't want to give them an idea what I'm up to.

I would definitely suggest getting a copy of your CCA. Like you say, even if it's just for your own records.

chappers

WhatDoIDo? wrote: »

Please excuse my stupidity.

So, if, for example, I said I'm going to stop my loan repayments and they tuck me to court. I could argue that the agreement is void (for want of a better word) because the CCA is not signed thus the loan is void. But if they produced a signed CCA (magically) my case would be thrown out of court and I would need to continue my repayments?

Yeh? :undecided

Not stupidity at all. but yes if they produced a genuine signed copy of the CCA then the debt would become fully enforceable and they could take you to court and get judgement against you.
Just because they haven't produced it now doesn't mean they can't at any time in the future.

kel123_2

I also looked at it like this - our credit score is shot and it will take another 4 years to start repairing, HBOS put a default on us 18 months ago. Now if we are taken to court and a ccj is put on us then this will take another two years and if i'm paying my DMP for another 22 years then what difference will it make. What's the likelyhood of the judge upping our payment - not likely seeing the state of our offairs.

hope this made sence to you i've rewitten it 6 times

kel

kel123_2

they could take you to court and get judgement against you.
Just because they haven't produced it now doesn't mean they can't at any time in the future.

But only after a judges say so!

Chappers it's good to get a balanced argument and you are puting the banks stance with confidance

So how would you answer

having forced the account into dispute by not complying with a reasonable and lawful request a bank or dca can justify taking you to court. and while in dispute they must follow the ccact 1974

WhatDoIDo?

BUMP.

Can anyone else add to the advice and help I've been given please?

stapeley

Do its a unanswerable question ,only a court will decide if its a valid aggreement . There should be somewhere we could all take paperwork to get it checked out , CAB are clueless on this .As we are all broke solicitors are out of beyond are means . Even then they are none committal, it maybe ,or may not be enforceable would be there response!

WhatDoIDo?

stapeley wrote: »

There should be somewhere we could all take paperwork to get it checked out, CAB are clueless on this. As we are all broke solicitors are out of beyond are means.

Thats so true. Can't imagine the banking ombudsman being too helpful either. :rolleyes: