Hi there,
Just worked out how to create a new thread. I wanted the experts advice on the best way I go about finding out if my debts are enforceable?
I have been reading through many threads on this forum for the last few days and have read so many discoveries, but as people have discovered new things over time I wanted to clarify some things. We have debts with Abbey Credit Card, MBNA, Virgin, Barclaycard and Egg and we're really struggling.
Please let me know if this is the best procedure I should take:
1. Send off CCA letters quoting s78 to each of the creditors.
Yes
2. Wait for 14 days (12+2). If they don't reply with a true copy of our agreement they are in default and cannot enforce the agreement without going to court; they also cannot assign the debt to a
DCA
as the debt is in dispute. I can now stop my
direct debit payments to them and issue them a notice explaining that.
Don't forget they are WORKING days
3. If they still don't produce the agreement one month later they have committed a criminal offence. I can now ask my bank to repay me anything these creditors have taken from me through the Direct Debit Guarantee promise as they obtained these payments through deception (deception being that they claimed they had a legal right to take money from my account when they didn't).
We would need more info on this
As mentioned, the 30 days has been repealed but you also can't claim back anything unless it's PPI sold wrongly AND only if the CCA is enforceable
Am I right in believing that also
a) A signed application form is not counted as a properly executed agreement as it refers to a potential future agreement rather than a present day agreement.
An application can be an agreement but only if it embodies the important term within the signature page
b) All T&Cs must be contained within one document and not refer beyond the document to further T&Cs?
Not nescessarily, they can be referred. depends how it's worded
c) Am I also right in believing that nowadays many of the lenders have been alerted to their faults in not following the correct procedures for loans and are now attempting to tamper with documents to fabricate a properly executed agreement? If so would it be wiser to start with a
Subject access request first (so that they don't get wind of the fact they have no proper agreement as they are busy collecting all the information they have to send) - and only then follow up with a CCA s78 request if I notice they don't have a properly executed agreement?
You could SAR them instead of a CCA request as then you would get back everything they hold on you but you must stipulate thet you want everything
Also, if I find my agreement is enforceable, how do things stand with s85? If lenders did not send a copy of the signed agreement when issuing new credit card replacements, do they forfeit profits over that time? Does that mean they have to pay back all the
interest and any penalties they have been charging?
Someone else will have to answer that one
I know you may have been asked these questions before, but it seems that what was talked about in late 2006 is not quite the same as what is being talked about in early 2009 - so obviously there have been discoveries and legal cases clarifying things, as well as amendments to the law/fightback from the lenders.
Thanks everyone
Unenforceable agreements
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Originally Posted by dx100uk
