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.
Abbey Loan *Unenforceable Agreement* how to challenge?
Hi
I have a loan from Abbey which I think maybe unenforceable but would like help from fellow forum members firstly to confirm this and then on what course of action to take to try and get this loan deemed to be unenforceable.
I requsted a copy of my CCA using letter N from the templates and this i what I recieved.
Page 1
Headed Fixed loan agreement regulated by the Consumer Credit Act 1974
Shows name of Creditor and debtor, amount of loan, number of monthly installments, total amount payable, amount of each monthly installments and the APR.
Page 2
Details on interest, defaults and cancellation rights.
This is similar to page 1, headed Pre contract Information
Page 6
I could not see any details on each of the pages to link the pages together, so my argument is the 'Four corner' rule whereby the signature is not on the same page as the prescribed terms.
Any opinions on this and what do I need to say to abbey?
Re: Abbey Loan *Unenforceable Agreement* how to challenge?
Originally Posted by eyeofhorus
You borrowed and spent the money so you should pay it back.
Thanks for your comments but this is not the answer I was hoping for. Eyeofhorus you work for Abbey right, what do abbey due with original documents once they have been scanned?
Re: Abbey Loan *Unenforceable Agreement* how to challenge?
What you need to bear in mind is how a judge sees it.....and we have found that they do vary wildly......this could be argued that it is a 'pre' contract but a judge might say it IS an executed agreement....it does have the prescribed terms, BUT there isn't anything which links it to the terms.... so this argument could be relevant...
IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU
I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU
IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.
Before you decide,consider the users here who have already offered help and support.
Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.
If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.
Re: Abbey Loan *Unenforceable Agreement* how to challenge?
Originally Posted by eyeofhorus
Paperwork is stored off site via Iron Mountain. Is your loan a case of wont pay or cant pay?
With me is definitely a case of can't pay, was made redundant (ironically I worked in banking) in october last year and out of a job since. Got myself into huge debts during the housing market boom and sitting in negative equity now. Also constantly harassed by creditors and DCA's this is just the start, you can imagine what this can lead to, anyhow I find this is the only route to take to try and get myself back to some sort of normality and to me dealing with one debt is one less creditor on the phone.
If I wasn't in the situation I am in I would not have discovered this site.
As far as enforceability on agreements goes then you would have to take them to court to challenge this, they will of course maintain all along that your agreement is enforceable
IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU
I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU
IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.
Before you decide,consider the users here who have already offered help and support.
Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.
If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.
Re: Abbey Loan *Unenforceable Agreement* how to challenge?
Can someone kindly work this out for me, I have tried various apr calculators and get differing amounts.
Under key financial info
Amount of loan £15000
monthly installment 96
Total amount you must pay £24990.72
Apr 14.9 interest rate 14.9
Total amount we will charge you for the loan is interest of 9990.72
Also is there a chance of a template letter to send to Abbey in regards to claiming the loan is unforceable due to signature not in four corners of the agreement?
IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU
I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU
IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.
Before you decide,consider the users here who have already offered help and support.
Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.
If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.
... out... in... out... I'm shaking it all about...
Posts
11,408
Re: Abbey Loan *Unenforceable Agreement* how to challenge?
Just popping in (belatedley!) to make sure you're ok.
BTW, pinny, don't feel like you have to justify your situation on your thread - what we are looking at is the enforceability and legality of any obligations you may have to repay a debt, should it be correctly executed. What you actually do with that information is up to you and your conscious. Others are entitled to their opinions and are as welcome to share them, but we don't all have to agree, or agree to disagree - which is handy, as the Law is the Law and shouldn't be interpretable to such extremes of opinion. Sadly, as 42man said, Judges don't seem to see it that way, which is strange when you think that they apply the Law, but don't make it. (I'd love to see a Judge explain to Parliament how he choose to enforce an unenforceable agreement!)
Always happy to help where I can!
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.
Abbey Loan *Unenforceable Agreement* how to challenge?
which I think maybe unenforceable but would like help from fellow forum members firstly to confirm this and then on what course of action to take to try and get this loan deemed to be unenforceable.
Reply With Quote
Originally Posted by eyeofhorus
