Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

anyone actually written off their credit card debt in full


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5040 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

hi,i would like to hear from anyone who has actually written off their credit card debt by disputing enforceability of credit card agreement.

i have found many companies that handle credit card claims,but i want to give my case to a solicitor directly but cant find a good no win no fee solicitor that specialises in thiese kind of claims.

 

or maybe i should try it myself?

any info or advice will be appreciated.

Link to post
Share on other sites

unenforceable CCA's don't actual result in the debt going away, it just means that until a valid CCA is produced, they cannot enforce payment.

 

sadly, in all bar a very few cases, debts are not written off.

 

my views are my own...seek legal advice if ness

 

the myth about writing off debts

http://www.consumerwiki.co.uk/index.php/The_Myth_of_%27Writing_Off%27_Debt

BBC NEWS | Business | Ministry warns on debt write-offs

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 3 weeks later...

Can you role your consumer credit issues in with bank charges and give them to one company to deal with? I would rather give it to someone to deal with because I am too stressed out to be able to concentrate and find the time and energy needed to do it myself!

Link to post
Share on other sites

Im not going advise anyone using a claims company. They are only intersted in taking money off you.

 

If you want to get it sorted, you'll have to roll your sleeves up and get stuck in like the rest of us. You'll get all the help you need from us.

 

If doing this through a "claims company" was as straight forward as you appear to think, dont you think we would all be doing it?

 

Dont get scammed, do it yourself. Yes its stressful, but very very satisfying.

Link to post
Share on other sites

No offence noomill060, but if you had an inckling of what I have been through over the past few years you would understand why I say I am too stressed. I have been a "doer" all my life who would roll up my sleeves just like the rest of you and on behalf of everyone else as well, but I have come to a point where I am mentally and physically unable to do that at present, which is why I posed the question. I have so much on my plate at present that I need to hand the job to someone else to deal with before it's too late and they change the law!

 

Thank you for the advice though, if there is no company out there I may have to forfeit the possibility altogether.

 

JQ

Link to post
Share on other sites

No offence noomill060, but if you had an inckling of what I have been through over the past few years you would understand why I say I am too stressed. I have been a "doer" all my life who would roll up my sleeves just like the rest of you and on behalf of everyone else as well, but I have come to a point where I am mentally and physically unable to do that at present, which is why I posed the question. I have so much on my plate at present that I need to hand the job to someone else to deal with before it's too late and they change the law!

 

Thank you for the advice though, if there is no company out there I may have to forfeit the possibility altogether.

 

JQ

 

Personally I wouldn't offer advice about using a claims company. I would google bank charges reclaims companies and read through all of the ones out there that may be of interest to you. The problem is that many companies do charge you for doing it based either on the amount and on the total sum. There is a lot of advice here but the main thing is that it is your life and the choices are there for you. Good Luck and I hope you find what you are looking for.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Link to post
Share on other sites

I would put all the reclaims and cca requests on hold until you feel stronger and able to deal with it all. Contact the cccs and get them to deal with your creditors until you find yourself in such a place that you feel able.

 

Its what I did 2 years ago when I didnt feel able to handle it myself, and now I have just taken all my debts back off them and have started the process myself.

 

Dont go with one of these companies, their ethics are as noticably absent as that of the DCAs. They will [problem] you. Put it all on hold until you feel able, with the help of everyone here, to deal with it.

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

Link to post
Share on other sites

thanks for info guys,i want to challenge the credit card companies myself.

im looking for template to write first letter to credit card companies requesting credit card agreement.i cant find the templates can someone give me the link.

Link to post
Share on other sites

  • 2 weeks later...

cca request template.

 

 

 

Name & Address

Date

Dear Sir / Madam

 

 

Re: Account No: .......... XXXX

 

 

With reference to the above account, I would be grateful for a signed copy of my Consumer Credit Agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of this agreement upon request. I therefore enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

 

I understand that a copy of my credit agreement should be supplied within 12 working days.

 

 

I also understand that under the Consumer Credit Act 1974, 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.

 

I look forward to hearing from you.

 

 

Yours faithfully (Print name)

Link to post
Share on other sites

Yes, I have. Its due to the credit agreement being irredeemably unenforceable - it only really works with agreements taken out before April 2007, as the law changed under the Consumer Credit Act 2006. The old law (that is, the law pre-april 2007) applies to credit agreements taken out before Apruil 2007 - basically, if the credit agreement is flawed, the law says it is not properly executed and this means it cannot be enforced - the process involves litigation that takes several months to obtain a "declaration of unenforceability" from the Court - best part is the Court has no choice where the breaches are of "prescribed" terms.:)

 

The banks are being very underhanded with a negative pr campaign about claims management companies - fair enough, there are some dodgy ones out there (look out for creditcardkiller.com - and stay well away from their service its a rip off), but there are plenty of regulated genuine ones out there. In my case there was a fee for an audit of the credit agreement and then the claim is on a no win no fee basis, so the bank pays your legal fees as part of the claim.

 

I have around 80k of unsecured debt that I am in the process of challenging. Interestingly though, I stopped paying them months ago and they have never brought any court action against me - I imagine this is because I have written and verbally told them that the debt is in dispute and the OFT guidance on unfair business practices states clearly that it is an unfair practice to ignore a borrower who says the debt is in dispute - guess what, if the debt is in dispute the lender cant enforce it - its the law. Fantastic! :D

  • Like 1
Link to post
Share on other sites

thanks for fantastic reply very informative.i have about 50k outstanding pre 2007 and 20 k after 2007 .i will be giving cases to a claims management firm as i have now stopped paying them.the credit cards taken out after 2007 amout to 20k im thinking of an iva or something to deal with them.

 

i have considered taking the banks on myself but feel paying around 600 pounds for about 5 agreements to be dealt with by a claims management firm who are regulated by ministry of justice seems like a good deal.as i dont want to be giving myself too much stress.

Link to post
Share on other sites

Yes, I have. Its due to the credit agreement being irredeemably unenforceable - it only really works with agreements taken out before April 2007, as the law changed under the Consumer Credit Act 2006. The old law (that is, the law pre-april 2007) applies to credit agreements taken out before Apruil 2007 - basically, if the credit agreement is flawed, the law says it is not properly executed and this means it cannot be enforced - the process involves litigation that takes several months to obtain a "declaration of unenforceability" from the Court - best part is the Court has no choice where the breaches are of "prescribed" terms.:)

 

The banks are being very underhanded with a negative pr campaign about claims management companies - fair enough, there are some dodgy ones out there (look out for creditcardkiller.com - and stay well away from their service its a rip off), but there are plenty of regulated genuine ones out there. In my case there was a fee for an audit of the credit agreement and then the claim is on a no win no fee basis, so the bank pays your legal fees as part of the claim.

 

I have around 80k of unsecured debt that I am in the process of challenging. Interestingly though, I stopped paying them months ago and they have never brought any court action against me - I imagine this is because I have written and verbally told them that the debt is in dispute and the OFT guidance on unfair business practices states clearly that it is an unfair practice to ignore a borrower who says the debt is in dispute - guess what, if the debt is in dispute the lender cant enforce it - its the law. Fantastic! :D

 

hi,thanks for the info,very helpful.

did you challenge them yourself?

have the credit card firms given in and written off or are they just ignoring you but debt is still outstanding.?

Link to post
Share on other sites

Yes very informative! When you say pre 2007, do you mean the agreement only, or the actual debt, ie, if you had a credit card from the 90s and the full debt has accrued over the past year or two, does that still qualify? Also, are we permitted to ask which company you used?

Link to post
Share on other sites

Yes very informative! When you say pre 2007, do you mean the agreement only, or the actual debt, ie, if you had a credit card from the 90s and the full debt has accrued over the past year or two, does that still qualify? Also, are we permitted to ask which company you used?

 

credit cards were obtained many years ago before 2007.i have not actually appointed a company yet but im thinking of giving case to monster claims .the balances some are old some new but agreements were over 5 years ago.i think i should qualify for debt write off.

i was thinking of doing myself ,but to avoid unnessesary stress im thinking of instructing a claims company.

any advice would be appreciated.

Link to post
Share on other sites

Well most people here would advise you not to pay an upfront fee. There are companies that do this without charging you upfront and also which let you keep 100% of your compensation (debt write off).

 

The problem with paying an upfront fee is you are caught, if they don't do the job for you, and they sit on your money, you still have the debt and you have lost your money. Check out this comment, it might give you an insight.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/198695-validity-claims-management-companies-21.html#post2292185

Link to post
Share on other sites

Well most people here would advise you not to pay an upfront fee. There are companies that do this without charging you upfront and also which let you keep 100% of your compensation (debt write off).

 

The problem with paying an upfront fee is you are caught, if they don't do the job for you, and they sit on your money, you still have the debt and you have lost your money. Check out this comment, it might give you an insight.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/198695-validity-claims-management-companies-21.html#post2292185

 

thanks for your advice.i have checked out (debt write off),they are not taking any new cases they are waiting for advice from barristers regarding some test case.they will be in a position to advise me further in august next month.

Link to post
Share on other sites

  • 2 weeks later...

I have been approached by so many companies that purport to be able to 'write off' debts. If you care to read back over the forum, people who try (and say they suceed) in this endeavour, take months ,years and lots of work. Please don't be so naeive and say that 'well they can get paid if it's successful. work it out, offices staff phones wages etc etc for an unguaranteed return. Why would Any company want to get engaged in this without payment up front?. If they did they would not be arround to see the result would they? If you dispute this then you clearly need to stay employed and don't open a business. The whole point of all of this is that you've got to take the companies to the edge. Will you be prepared to go to court? Can you take the costs if you lose? What you will probably find is you are at an impasse with these companies. They can't enforce but won't write off. Will you take them to court to get it written off?The debt stays but they can't or won't enforce. So you wait out 6 years and they go away on their own. But please don't look for shining knights to come along and do it all for nothing. No I don't run a claims company I don't think that would be a good long term investment. I just loathe banks. :cool:

Link to post
Share on other sites

  • 3 weeks later...
Yes, I have. Its due to the credit agreement being irredeemably unenforceable - it only really works with agreements taken out before April 2007, as the law changed under the Consumer Credit Act 2006. The old law (that is, the law pre-april 2007) applies to credit agreements taken out before Apruil 2007 - basically, if the credit agreement is flawed, the law says it is not properly executed and this means it cannot be enforced - the process involves litigation that takes several months to obtain a "declaration of unenforceability" from the Court - best part is the Court has no choice where the breaches are of "prescribed" terms.:)

 

The banks are being very underhanded with a negative pr campaign about claims management companies - fair enough, there are some dodgy ones out there (look out for creditcardkiller.com - and stay well away from their service its a rip off), but there are plenty of regulated genuine ones out there. In my case there was a fee for an audit of the credit agreement and then the claim is on a no win no fee basis, so the bank pays your legal fees as part of the claim.

 

I have around 80k of unsecured debt that I am in the process of challenging. Interestingly though, I stopped paying them months ago and they have never brought any court action against me - I imagine this is because I have written and verbally told them that the debt is in dispute and the OFT guidance on unfair business practices states clearly that it is an unfair practice to ignore a borrower who says the debt is in dispute - guess what, if the debt is in dispute the lender cant enforce it - its the law. Fantastic! :D

 

 

How can I tell if the Credit Agreement is "Flawed"?

In my SAR I got a copy of the form with my signature, so no luck in telling the company that bought my debt to "Do one" :(

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5040 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...