Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Do also remember than many of htese contracts are constituted and deemed to be complaint with English Law, and the borrower must agree to this. It is not sufficient to be resident in Scotland and claim that you want Scottish Law to decide.
I've often pondered about what buzby said regarding English/Scots Law. Whilst I feel it does open up the possibility of using CPR, you might need to be prepared to bring a case in an English court, which is a pain in the derrier if you're nowhere near the border. I'm not sure if anything you received under CPR could be used in a Scottish court.
Wife and I have a loan each from HBOS and several cards. The bank complied, after much heel-kicking, with our CCA requests, without having anything like the CPR instrument available in England.
The two loans look ok to us, so we've restarted paying the instalments again. All of the credit cards, however, look unenforceable. I'd like to know what to do next. Do I just 'shelve' them or what?
There is a similar thread http://www.consumeractiongroup.co.uk...ml#post2250605 which discusses this but is in England. So what are the alternatives in Scotland? I just feel that a bit of an impasse has been reached and am wary of, in the near future, some golf-course deal being made where the law gets changed and the evil ones come after me again for the debt, this time armed with ammo to enforce the debt.
alot of it is ping pong letters and it tends to be better if they take you to court with an uneforceable agreement to get rid
ida x
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A copy of one of my agreements has just flown through the door, this time from Blair, Oliver & Scott. The T&Cs are still on a separate document, but this document states my current address, not the address I was at when I took the card out many years ago, so there are two different adresses!
I fear there never will be a round 2. I've noticed that in England they can use CPR 31.14 to force the lender to present the document. I know there is no such instrument in Scotland, so I'm a bit puzzled as where to go next with this.
Ok, I am subbing to this thread http://www.consumeractiongroup.co.uk...uldnt-use.html and I, too, would like to bring come sort of closure, if possible, to all these reels and jigs the banks are dragging me into and I don't want to have these accounts in limbo for years for certain sections to get repealled (as has happened before) and then it's all on again in the banks favour.
So, in the absence of CPR31.16 - and the clear probability that these accounst are not enforceable - is it now favourable for me to use s.142 ( to get them struck out) or is there another avenue that can or needs to be followed first?
Iam new to all this and I am curious to what s.142 (to get them struck out) can you explain.
We too have got unenforceable agreements (Blank copies)sent to us and now are going to Subject access request them to see if they do hold the original I know it is going to cost us another £10 for each one (We should have done when we requested our charges when we paid £10 then) but hopefully it should give us a better picture.
Tell me...have you went down the SAR road yourself or was it the same as us just applied for the CCA with £1 P.O.
Like yourself we would like closure also they are refusing to refund all our charges and we feel if we had the knowledge whether they had the original or not would give us a better fight against them, but obviously they know this too and are keeping this until the very last gasp...where knowing our luck they will produce it.
Good luck with your fight ....don't give in I know the letter writing is a bit of a bummer, I shall let you know what reply we get from SAR.
Cheers
AFW
Iam new to all this and I am curious to what s.142 (to get them struck out) can you explain.
We too have got unenforceable agreements (Blank copies)sent to us and now are going to Subject access request them to see if they do hold the original I know it is going to cost us another £10 for each one (We should have done when we requested our charges when we paid £10 then) but hopefully it should give us a better picture.
Tell me...have you went down the SAR road yourself or was it the same as us just applied for the CCA with £1 P.O.
Like yourself we would like closure also they are refusing to refund all our charges and we feel if we had the knowledge whether they had the original or not would give us a better fight against them, but obviously they know this too and are keeping this until the very last gasp...where knowing our luck they will produce it.
Good luck with your fight ....don't give in I know the letter writing is a bit of a bummer, I shall let you know what reply we get from SAR.
Cheers
AFW
I say that you should try the CCA route as it worked for me: RBS gave up the ghost right away; HBOS supplied two correct loan agreements and 4 unenforecable credit card agreements.
you can ask a copy for docs via an incidental application but as far as i know this can only be done when court proceedings have already begun.
ida x
Cag is a free self-help site. If you are contacted by any other user recommending or offering no win no fee or paid for service, please report this to the site or to a site team member.
CAG depends on donations. Please consider making a donation - however big or small.
Iam new to all this and I am curious to what s.142 (to get them struck out) can you explain.
We too have got unenforceable agreements (Blank copies)sent to us and now are going to Subject access request them to see if they do hold the original I know it is going to cost us another £10 for each one (We should have done when we requested our charges when we paid £10 then) but hopefully it should give us a better picture.
Tell me...have you went down the SAR road yourself or was it the same as us just applied for the CCA with £1 P.O.
Like yourself we would like closure also they are refusing to refund all our charges and we feel if we had the knowledge whether they had the original or not would give us a better fight against them, but obviously they know this too and are keeping this until the very last gasp...where knowing our luck they will produce it.
Good luck with your fight ....don't give in I know the letter writing is a bit of a bummer, I shall let you know what reply we get from SAR.
Cheers
AFW
Ok, I am subbing to this thread http://www.consumeractiongroup.co.uk...uldnt-use.html and I, too, would like to bring come sort of closure, if possible, to all these reels and jigs the banks are dragging me into and I don't want to have these accounts in limbo for years for certain sections to get repealled (as has happened before) and then it's all on again in the banks favour.
So, in the absence of CPR31.16 - and the clear probability that these accounst are not enforceable - is it now favourable for me to use s.142 ( to get them struck out) or is there another avenue that can or needs to be followed first?
Unenforceable Credit Agreements - Scotland
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Originally Posted by maroondevo52
