Thread: Unenforceable agreements under the Consumer Credit Act

(Quite long I know but please stick with it...could open up a new area for claims...)

Hi all. Great site...helped girlfriend claim back £830 from Lloyds TSB and just issued another claim against them today for £490...thanks for all the help/templates/advice. Got an unusual (I think) query this time...

Was checking the national debt line site back in April and came across their letters template link (National Debtline England & Wales | Debt Advice). 2/3rds down the list there is a CCA letter that you can use to request a copy of a credit agreement from your creditors under the CCA (Sections 77-79)...what is interesting about this is that it states that "creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act." This is relevant for my girlfriend as she thought she had come to the end of the term of the loan only to be told that 4 instalments were still outstanding. She has been switched from one loan product to another during the loan term and by Lloyds own admittance is on an "old-style" loan. She sent the CCA letter in April and has heard nothing since...no agreement, no chasers for the money, nothing. Lloyds have however starting to charge interest on the outstanding balance without any notification. Three questions:

1) Is the national debtline letter correct?
2) If so, does unenforceable mean that my girlfriend can write to Lloyds to get them to scrub off the outstanding amount?
3) Is Lloyds practice of charging interest in this manner legal (particularly given that they are unable to provide a copy of the credit agreement)?

Any views/advice/experiences would be most welcome.

Thanks.

Stuart

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Hello,

I have been reading with interest the threads for 'unenforceable credit agreements'. I took out a loan with Northern Rock in 2005 and after a while tried cancelling the payment protection insurance, to cut a long story short they cancelled the insurance and processed a new loan in 2007 with a different account no. I signed no credit agreement, I just have a letter telling me that I had a new loan for the new amount. Am I right in thinking that this debt may now be unenforceable as there is no credit agreement?

Also, if I send a letter asking for a copy of the credit agreement and they dont supply it, what should I do next? Any advice on how to proceed with this would be gratefully apreciated.

Hi guyz,

I was just windering if anyone could help, i ve read alot of threads talking about unenforceable credit card agreements and loan agreements, and how to challenge them.

Does anyone know or can anyone give me any pointers as to if the same can be done with a mortgage agreement and how to go about this please.

i read in the ccca2006 act that the threshold has been lifted hence causing lenders a bit of a worry....any ideas please

hi eveyone,
i sent off my 1st letter requesting the credit agreement from HSBC with the £1 postal order. this was returned to me yesterday with an acknowlegdement of my request. The say i need to sign the letter to coresspond with their docs. ( they have none) but i need to find the template letter which states my right not to sign?
Help anyone?

I wonder if someone could take a look over my agreement for me and tell me if the interest is worked out correctly and whether it is felt this is unenforceable as it stands?

Thanks, I just can't work out the interest calculations as per agreement. This is my thread:

http://www.consumeractiongroup.co.uk...alculator.html

Originally Posted by gyzmo

Is that meant for me Gyzmo?

Please start your own threads in the appropriate forums as pointed out by Gyzmo.

Originally Posted by freakyleaky

Please start your own threads in the appropriate forums as pointed out by Gyzmo.

This thread is headed "Unenforceable agreements under the Consumer Credit Act" - that's what I posted about along with a question over interest on the agreement and I put a link to my thread as requested ..so I'm a little confused freakyleaky sir

Hi everyone ,
new to this so please bare with me if this has been asked before.
I sent off recorded delivery template letters to a few Credit cards that I started well before April 2007,asking for the agreements etc and enclosing a pound postal order with each.
None replied within the 12 working days. i have since sent a further template letter stating that the debt is not recognised and asking for acknowledgement.

Marbles have replied now saying they are unable to provide historic terms however have provided current terms and conditions.

Another says they are having difficulty providing archived info.

MBNA are still chasing via e mail and have still yet to acknowledge or reply to the recorded delivery template letters.

What action should I take if they continue to ignore the requests?

Any help great fully appreciated.

Dear all,
sorry for being a pillock , however only just started on this site and do not know where to start a thread. was just reading the site , and saw the entry which related to what i wanted to know.
I will soon get the hang of it though!!!

Hey, I apologise too..got confused with the thread title and thought it was a general thread, should have read it all...apologies...I did start my own thread though before hand and linked it, so I'll leave the description of being a 'Pillock' for the time being.. good luck stubs, thanks FL..