Jump to content

Seasoned Pro

Registered Users

Change your profile picture
  • Posts

    11
  • Joined

  • Last visited

Reputation

1 Neutral

1 Follower

  1. Hi Guys, I have an agreement for a credit card (2001) - and all it states at the top of the papework is "3.9% - new rate" There is no lettering of "APR" anywhere to be found. There are terms and conditions (which I dont have) which according to the agreement is "attached" which I/m sure originally they were. So, does this mean that the agreement is wrong to not state the "APR" as such in lettering part OR does they have covered themselves in these terms and conditions sheet? thanks SP
  2. HI -thanks for getting back. OK - BC 2001 took the card out. Missed 1 payment - not being chased as such. Requested agreement in Dec - heard back in Feb saying the they "dont hold a copy of my application in their records" and that was it - nothing else. So I sent a letter today claiming that the account was now in dispute as they have not provided me with an agreement or in fact anything within 12 days - it was 2 months before I even go that respsone letter !! I took out a HLF loan in Nov 2007 which was a top up from a loan with them from Feb 2007 - they told me after writing back after about 5 weeks, that they are "not obliged to send me any agreement as i had one to start with and should have kept it". I told them as they have failed to comply with the Act where requesting agreements is concerned, they are now in default. I've probably overstepped the mark somewhat but I'll wait and see what the replies are..
  3. I have the same card - but BC have written to me stating (after 2 months of asking for the CCA) that "they do not hold a copy of my application in their records" - which I take as a confession of not having my credit agreement. Any thoughts on the next step from either side..?? SP
  4. It probably means that THEY are screwed for giving you the loan... Need to see what the CCA says..
  5. DONT sign anything when you write to them, they could well be looking to take your signature and copy & paste it onto an application/agreement. It has been known to happen. Sign with a computer handwriting font or sign your name very very differently to usual - say for example with big bubble dots on top off "i" and "j" etc... If they have your documents already, they'll claim that the signatures are different - if they dont you could find that exact same "signature" on your "agreement" - eitherway their screwed. SP
  6. I did that previously yeh, and now the first BarcCard - are telling me that they do not have my "application" in the their records - they took 2 months to write and the second one HLFX, told me that they are not keobliged to send me a copy as I should have kept myown one at time I took the loan out!! This again was 2 months ago - SO I wrote to them both today and told them they were in default as they flauted the rules and did not comply. However, where do I go from here and what exactly does it mean for me - I know they are "unenforceable" but what if the bank ignores all this and carries on as usual? I requested for them to reimburse me of my payments I'd made to them over the years...!! We'll see what happens but Im not sure Im in such a strong position with it just being unenforceable due to them not sending it to me - do I need to get them to "recognise" the fact too that this is the case?
  7. Hi mate, well as far as I know, if they dont produce the agreement within the correct time frame (12 days of asking) then it becomes defaulted and you are not bliged to make payments towards it and they are annot forced payments from you. They are not allowed to do anything with it! BUT, yes as supasta1 says, if they DO find it and send it on (so long as it all 100% good) then you then are liable to continue with the payments.. What I dont get is, at what point (if the lender has admitted that they dont have it in their records) do they officially "give in" as such and acknowledge it and then write it off..? SP
  8. I have written to my lender regarding my loan requesting the CCA - only to be told that they are not obliged to send me a copy as I should have kept the first one I "was given" at the time of the loan acceptence. Naturally, I know that they have either lost it or they think Im daft, so I replied stating the full rules that they need to comply with, and again Ive heard nothing back. The first letter was sent just after christmas and on beoth occassions they have failed to acknowledge and/or send my the required documents. Question: How do I proceed from here? and... What happned if they suddenly produce my CCA say ina few months from now? Im guessing that I now (at the current moment in time) can consider this agreement legally unenforceable - but can this situation be reversed if they come up with the paperwork at some time in the future..? Thought please chaps.. thanks, SP
  9. MISSY CASH!! email this company and they will give you great advice on what to do. I had the same thing a few years ago with the Halifax! edit They werent upfront about the PPI - I claimed it back, they charged me on overdrafts - I claimed that back too cos I was out of work and was a "hardship case" although this was more recently and I came to realise that this bank is just another profit making company looking to settle its outstanding debts - anyhow they can. G'luck Missy.. Seasoned Pro.
  10. Hi chaps, I was saying in the "Virgin MBNA" thread that taking these experienced banks on that have their own legal team of experts is hard - I mean, if you try to do it alone. You could end up doing yourself no favours. I read a report on a guy that successfully sued his bank for unenforceable credit on a secured loan, worked on the next case and thought he found a breach, took the bank to court himself again, but it was found to be enforceable in some small technical small print. For the sake of trying to save a few hundred quid, he ended up bankrupt as the total cost went over £40,000 including massive court fees payable for himself AND the bank's costs. It's dangerous doing it on your own. You could easily come unstuck guys and you have no back-up or get out clause.
  11. Hi guys, I've read through your posts and I'd like to add something to the Unenforceable Credit Agreements chat. I've been through this process, started myself but soon found it too hard. The trouble is the banks know that your are an individual and although the letters say all the right things, they will stall and bluff and try their best to tell you you're wrong and threaten you to pay up. Only when you get a real solicitor involved, does the process start to work for you cos they don't mess around when they have to deal with professionals! Not only that, if you get your detailing wrong and take it to court, they could win over you on a technicality and you'll be liable to pay the loan or card, plus charges, plus interest and plus their court fees. It's a headache and a legal minefield guys, that's why there are firms out there that are covered against this kinda thing - so i'ts worth paying a few hundred quid to get rid of thousands on a card etc... and not be potentially in the firing line as a lone-soldier fighting the bank. Seasoned Pro..
×
×
  • Create New...