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
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Hi is there is a thread to show Unenforceable agreement successes and or a thread to show example agreements which are unenforceable. I think such threads would help others to decide to a certain extent if their agreement was enforceable or not.
Hi is there is a thread to show Unenforceable agreement successes and or a thread to show example agreements which are unenforceable. I think such threads would help others to decide to a certain extent if their agreement was enforceable or not.
I was actually going to ask exactly the same thing. I have read a lot on the process (e.g. here http://www.consumeractiongroup.co.uk...dnt-use-4.html) and a lot on the fact that companies offering to act on your behalf shouldn't be used as one can do it oneself. But I am struggling to find example of success stories, as per the OP. I accept they may be buried in the forum somewhere, but as a central respository, with perhaps links to success (and indeed failure) cases I think it would prove invaluable.
I think the reason why you may not have heard anything is that it is still fairly new.
Look how long it took for unfair bank charges to filter through.
I have been working on mine now since July 2008. I probably could have got a lot further a lot sooner but hav ebeen distracted by a number of other issues.
I am now totally focused and have some N1 claims going into the courts to get the banks to admit that they don't have a properly executed CCA.
However, I totally agree that there should be a separate section so that people can share their successes and the steps that they took and also their failures - so that they rest of us can learn from them.
That would be really helpful. I have been to court twice now to get HSBC to comply with a SAR request originally sent in June 2007. They claim that even if they don't have the agreements (two loans) they can prove I paid the money and continue to register the defaults. I can't find anything to prove otherwise, just had a feeling that no agreements = not able to recover money or have the right to register a default????
If you have been to court twice before to get HSBC to supply the documents, as per the DPA it is your right to see them and I am surprised that a judge would not find in your favour and order HSBC to do so.
Hi BB, thanks for your reply. I haven't yet complained to the ICO and that will be my next move. HSBC now have 21 days to comply with this court order and the order states that if they don't come up with them then it will be assumed that they don't/didn't exist. I am hoping then that I can apply to have the defaults removed on the basis of no agreements = no enforceable debt, but I have already sent a S.10 notice some time ago and it was completely ignored.
Hi BB, I guess either send another S.10 with the judgement as ammo or issue a claim in court. I have been given some great advice pointing me to some relevant case law, but I can't find anything that directly relates to agreements being unenforceable, therefore defaults removed by court. I don't expect the money back, just want the defaults removed. I know I didn't sign an agreement on one of them because it was done in my local branch and was part of a consolidation exercise.
Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?
It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"
Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.
Thank you so much Car and BB, that's my Easter w.e reading sorted LOL! But seriously, this has made my day, just what I was looking for, very very much appreciated.
Has anyone else had any success with unenforceable agreements? Is it true a case went to court and was thrown out, meaning subsequent client claims are invalid?
Apologies, am very busy and don't have time at present to read through every thread/post.
I am tempted to pay a company to investigate. My friend has done it off his own back, and 12 months later and after a lot of grief he is no nearer sorting it out.
**Unenforceable agreement successes**
unenforceable agreements' etc etc.
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Originally Posted by pinny24x7
