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.
Just to confirm what unenforceable means. Unenforceable means that the debt still exists but the lender can not seek the courts to enforce the contract.
I have one secured loan which I am paying, which I think is unenforceable, and two that were unsecured loans but became secured which I now think was unenforceable through the credit agreements.
I was thinking of getting hold of the agreements as per the template requests (somewhere), and challenging them if anyone can help me??
Ah OK bit more information. OK unless you see the contract the bank is holding, have a copy of the contract you signed or have a photographic memory its very difficult at this stage to know if the contract is unenforceable. I will also point out after doing a few secured loan checks that Secured loans typically are more likely to be enforceable than unsecured loans and credit card. Also if the loans have been taken out since April 2007 then S127(3) does not apply. Anyway you need to discover what the banks have.
What you are thinking is the natural next course of action you should send a section 77 request and have them send you a true copy of the contract, and/or A DPA request and have a copy of everything they have sent to you.
Whilst waiting for the contracts to turn up this site is a very valuable reference for discovering what makes a CCA unenforceable. Its not difficult or rocket science to be honest.
What makes you think the contracts are unenforceable at this stage?
At this stage its difficult to gave any directed advice other than read what is on the forums so you understand what makes CCA's unenforceable. Once you receive back the contracts scan them remove personal data from the scan image then post a link to them on the forum. You should receive some very good advice once they appear. I have to say you will be one lucky person to have three secured loans that turn out to be unenforceable.
Ah the claims management companies have called. OK just so you are aware I am strictly on my way to becoming a CMC but I only work on referrals. I started doing these for friends and family and I got very busy so I have applied for an MOJ licence. The difference being I work for no upfront fee and my business model is make money on PPI claims (oh and for the record solicitors can and do get on average more money back from PPI's than claiming yourself or going to a CMC and have them do it there is more to the claim than the Premium + interest + statutory) or referrals to solicitors. I give my advice on here freely and openly but always when I have time.
My personal stance on the vast majority CMC's is still along the lines of most people on here. I deplore the outlandish advertising claims made by most. I have in my research only come across three CMC companies I would ever consider ethical and none of them are particularly large they are probably restricted by working within the rules of their MOJ licence. One rule is they are not allowed to cold call as has happened with you. I would not hand over £100 to any CMC that flouts the rules of its own licence for a start.
Without knowing you personally I cant possibly advise you on whether you should DIY or not. Simply if you have the aptitude to do it yourself then do it. There is enough material on this site without question to proceed by yourself but you may have to do some work. Its going to cost you nothing more than a few quid at this stage to find out by doing it yourself. The CMC's are in most cases going to do little more than that. I personally would not use the CMC's out there that have an upfront fee and a huge back end fee.
As for the 25% yes its steep although admittedly not as steep as the 100% that the bank are claiming. I am not entirely sure how they work regards this fee as I have never used a CMC and my business model doesn't work like theirs. I have a few concerns around how they can claim 25% on an unenforceable debt that they rely on the bank to write off. I will have to check the T&C's of a few but in any case go DIY. My best advice again is to read through as many related posts on here. If you get stuck ask for help on here you will be surprised what you pick up. Its important that you understand what makes a CCA unenforceable and its all on here. Every case I have discovered is often very different and until you get back your CCA its difficult to advise what you should do regard how to proceed further other than a request for your contract.
Do you think I will be able to get this sorted with the help of people here?, reason I ask is not so much the £100, but the 25%!!!
This could turn out to be 10's of thousands!, and after getting rid of all this debt I dont want to be lumbered with some more!
25% seems a lot. I was going to send the CCA request first and see how I get on?
There is no reason why you can't do this with the help of CAG. Before making any decisions I suggest you read this.
Originally Posted by caro
Even if you are offered help on a no-win-no-fee basis, this only protects you from paying the ambulance chaser. It doesn't protect you from paying the banks costs if the case is lost. If you think your lawyer charges you a lot, you should see what he charges your bank, and you could be landed with the bill if it goes wrong!
If you do your research properly there's no reason that you can't deal with this yourself.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Please can anyone point me to how I find out how to get out of an unenforceable secured loan agreement?
many thanks.,
I'm sure we'd all like to 'get out of' paying debts we owe but lifes not that simple or could be argued morally correct.
As said above, firstly untill you have CCA'd them it seems odd that you think they may be unenforceable, wait untill the agreements arrive to see what they contain.
All the credit card agreements I got back appear to be unenforceable but as Im now on a payment plan I havnt challanged them as yet, the secured loan agreement I got back was however the only one that appears to be completely enforceable, this may well be the case with you two.
Personally I'd forget about the claims company doing it for you, there is nothing that you cant do yourself with the aid of this site and a few letters, although this doesnt include if you did actually fight it in court where things could get more tricky.
Unenforceable Secured Loans
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Originally Posted by emanevs
