Uneneforceable & Voidable loans

petermb_2

micko19 wrote: »

Would any of the following alone or combined help to make a loan voidable...

1. A full secret commission.
2. The half way house situation in Wilson v Hurstanger ie informed consent not given for commission and amount not declared(amounts much larger X 6).
3. Missold ppi.
4. Incorrectly documented ppi ie should be cca categoery debtor/creditor supplier.
5. Incorrectly documented loan as in over 25,000 but involving restricted use and unrestricted ie should have been multiple agreement for all the cca categories...uuc and ruc all cca regulated but non regulated by the lender.
6. Repeated breaches of the DPA where agreements never show up in SAR'S AND HAVING TO USE COURT ORDER TO GET AGREEMENTS.

I know some of these issues can result in unenforceability, but when a loan has been settled/REFINANCED it cannot be made unenforceable because it no longer exists.

However i do believe a loan can be deemed voidable after settlement/REFINANCED. Meaning all monies get returned apart from the bare bones of the loan itself..So all interest erc all charges would be returned to you.....

THe above list of transgressions are done in most subprime loans and may be worth discussion

cheers

micko19 bump

Unenforceable after the event is tricky but needs to be challenged and will be of course.
I see no reason at all why voidability cannot be after the event.
If the agreement was voidable then it was from day one or at least from discovery of the error.

ELIZABETH1

maxdp wrote: »

Hi

Yes I have some going through at the moment on a no win no fee basis and I have paid nothing up front apart from £10 for SAR which was made out to the company i was claiming from

MAXDP could you please PM me who you are using as firms with a no win = no fee basis please. I've a couple of things I'd like to look at in New Year etc.. will do SAR's this week to start balls rolling.

Thank you

Absolut_Wench

I'd appreciate that info too please, if you don't mind.

Many thanks

treliac

petermb wrote: »

to give you an idea. If you took out a mortgage through a broker prior to 1998 there is a strong possibility that you have a potential claim on your hands.

That is, presumably, if you can 'persuade' the lender to find and then provide the necessary information. If the mortgage was paid up more than six years earlier, how likely is this?

petermb_2

That is presuming that the client is still in possession of the relevant paperwork. You have a point if they dont.

marshallka

petermb, could you please give me a letter template asking for a copy of a credit agreement (executed agreement!!!) that has been settled 5 years ago. I have been sent a copy that is just the front and then a blank with the terms and conditions but I have never requested this other than in a SAR and maybe I could be more "forceful" by some other means.

Is it just section 77/78 of the CCA that I use of is there something else a bit "better".!!!

petermb_2

Once you have redeemed the loan the Section 77 no longer applies and you are limited to SARN only. Scan the doc and send it across to me ( the front page you have). It may be all that is required.

marshallka

petermb wrote: »

Once you have redeemed the loan the Section 77 no longer applies and you are limited to SARN only. Scan the doc and send it across to me ( the front page you have). It may be all that is required.

Will do...I will email it though...;)

pinknico

Petermb do you know anything about Multiple agreements and different catergories of credit ?

petermb_2

Please explain what you mean. If you mean multiple in that you have one loan redeeming another to raise further funds then yes I understand. Different categories of credit I am not sure what you mean.