Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)



Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE
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  1. 17th June 2007 10:48 #1
    fergal71 fergal71 is offline
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    Default no agreement of loan is interest enforceable

    Hi I have been chasing Natwesticon for mis sold PPI which it looks like they are going to pay back, however they can not provide me with a copy of original agreement. does this loan now become un enforceable ! I know I will have to pay original amount of loan but should I be claiming all the interesticon back .... any advice would be very welcome

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  2. 30th June 2009 19:22 #2
    checkthatcredit checkthatcredit is offline
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    Default Re: no agreement of loan is interest enforceable

    if a lender wishes to enforce a debt through the courts they need to be able to produce the agreement to show that the money is owed - if they cannot produce an original signed agreement then what proof is there that there is a debt to enforce?

    beware though that lenders might say they haven't got anything for a s77/78 - Natwesticon did this to me - when sent a SARicon the non-compliant agreement suddenly turned up.

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  3. 3rd July 2009 20:41 #3
    alanalana alanalana is offline
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    Default Re: no agreement of loan is interest enforceable

    if a lender wishes to enforce a debt through the courts they need to be able to produce the agreement to show that the money is owed - if they cannot produce an original signed agreement then what proof is there that there is a debt to enforce?

    beware though that lenders might say they haven't got anything for a s77/78 - Natwesticon did this to me - when sent a Subject access request the non-compliant agreement suddenly turned up.
    And if this were to happen in the court you could end up with costs being applied against you. Make sure you have all of the documentation from your SARicon and if in doubt notify the Information Commissioners Office that the bank have not complied with your SAR as is required under the terms of the Data Protection Act 1998.

    aa

    I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.
    ------------------------------------------------
    Bank charge successes:
    Halifax - Full settlement incl interest.
     HSBC - Settlement, goodwill no admission of liability about 75% of claim.
     RBS - Settlement, goodwill no admission of liability about 70% of claim.
    2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
    PPI Successes
     PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
    2 claims settled in full with LV without FOS involvement.
    2 claims settled in full with HSBC without FOS involvement

    PPI Claims ongoing with:
    Cap one Now with the FOS
    Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
    LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

     1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
     Post 290 from
    ***RBS PPI Claim Long fight but, WON***
    Please do not PM me for advice as it may be sometime before I can respond.

    Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.
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  4. 30th November 2009 20:12 #4
    vinty vinty is offline
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    Default Re: no agreement of loan is interest enforceable

    Hi can anyone tell me what happens if a credit card company can't find your original agreement and does it have to be the original signed agreement. thanks

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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE