Hi we have a loan of £10k that we have been paying for the last 3 years and although we pay £350 per month we are only paying £500 off the loan each year as the charges and interest are nearly as much as what we are paying back. Now we may be in a position to settle the loan early but we had a settlement figure sent to us asking for £11000 to pay off the loan. Is this fair, is there anything we can do as I can't believe that we will have to pay so much back.

Thanks Reader

Hi I agree with Andydd. Definitely send a CCA request to all creditors and see what they come back with - post on CAG and we can take it from there. If they do not respond within 12 plus 2 days then they are in default of your request and you can put the account into dispute and stop payments.

Personally this is what I have done, it is a very bumpy road but you will get loads of help from CAG.

Much better to offer 5 or 10% instead of 25% any day.

I CCA'd first then after 5 weeks I sent a SAR request to them all too, to see if I could claim any charges back etc and also again for the agreement (as most don't comply as they haven't got one).

If they don't have a proper agreement this will give you loads of bargaining power.

Good luck

Reader

Hi Hingis, just a thought but have you cca'd them yet? Are you sure they have properly executed credit card agreements? If they have not got an enforceable agreement some caggers have offered 5 or 10% of the balance as a full and final offer.

Better than 25%

Reader

Hi Capricorn, yes I have had a few of those letters from different creditors. Note they say "may pursue litigation", just hot air as usual, if they have not got the agreement they are stuffed.

I would send a letter back asking for a copy of the agreement via CPR 31.16 and send recorded delivery as they are in effect threatening court action (unless you have already done that).

Thanks Reader

Thanks Ida

Reader

Thanks Shadow, I had to read that a few times to sink in;) I get it now.

Reader

Thanks both, should I mention that I have been given the money or not say where it is from. I don't want them to think I am rolling in money!

Thanks Reader

Hi all, I have cca'd my and my partners creditors and all have no enforceable cca, some have admitted it but some are still wriggling around the fact.

However, a close family member has said that they will give me a small sum of money to pay off the accounts as they can see that this is worrying me and having an affect on my health.

I am looking to pay off about 5 or 10% of the debt due to an unenforceable cca in court.

I have looked on the various threads and there doesn't seem to be a standard template letter for offering Full and Final offers when there isn't a valid CCA.

Can anyone post a letter please?

Thanks Reader

Hi All, what is the difference if you put "prejudice" on an offer if there is no cca? I am getting confused as some say you can put it and some say don't?

thanks Reader

Thanks Seriouslyfedup - I like your terminology . I did think they were trying it on, just wondered if anyone else had had that written to them.

Reader

Hi thanks for your replies, it is just one side of an application form they have sent with none of the prescribed terms within the four corners of the agreement, which I think seems to be pretty standard from what I have gathered.

Currently the FOS are looking into this and as I told them we are struggling with money at the moment, an adjudicator who specialises with hardship cases will be looking into this for me. M&S have continually hounded me regarding this even though they know the FOS are involved.

Even via CPR they have ignored my request.

Not sure how to proceed with this one..

Thanks Reader

Hi all, letter received with the following from a debt collectors with the following paragraphs....

"The Ministry of Justice and the OFT have recently issued a consumer alert, warning people of the risks of being mislead over the enforceability of consumer credit agreements. We therefore strongly recommend you now seek legal advice if you intend to rely any further on the alleged breach of any of the acts that govern this account, pertaining to your liability to our client, as your current understanding is inaccurate. We confirm that a copy of this letter and previous correspondence will be made available to the courts and all governing bodies upon their request.

In the circumstances, we will not be entering into further protracted correspondence and request the you remit your proposals for settlement of this debt within 5 days from the date of this letter, together with a payment on account. Failure to do so will lead to further action being taken for recover of the above amount, as per our client's instructions."

Now I have written to M&S asking for the CCA via CPR 31.16 as I keep being threatened with legal action, even though the FOS have confirmed that they are now looking into this for me. M&S have only sent one side of an application form for a CCA agreement with no prescribed terms.

Any ideas of a good retort?

Thanks Reader

Hi an update.

Letter received with the following from a debt collectors with the following paragraph....

"The Ministry of Justice and the OFT have recently issued a consumer alert, warning people of the risks of being mislead over the enforceability of consumer credit agreements. We therefore strongly recommend you now seek legal advice if you intend to rely any further on the alleged breach of any of the acts that govern this account, pertaining to your liability to our client, as your current understanding is inaccurate. We confirm that a copy of this letter and previous correspondence will be made available to the courts and all governing bodies upon their request.

In the circumstances, we will not be entering into further protracted correspondence and request the you remit your proposals for settlement of this debt within 5 days from the date of this letter, together with a payment on account. Failure to do so will lead to further action being taken for recover of the above amount, as per our client's instructions."

Reader

I too received a perforated letter telling me that they will call some time.

ReaderT

Hi Yorky I picked up this thread from Sellyservis' thread. Perhaps a more experienced Cagger will tell you who to send the CCA request to, I am not sure as I originally CCA'd the banks.

It is best to send a CCA as it will determine if they have an enforceable agreement and if they do not send the agreement within 12 plus 2 days then you can put the account into dispute and withhold payments. This will give you some breathing space. Whilst the account is in dispute they should also not add interest. If they do have an agreement well that can be scanned up and someone will have a look for you and let you know if it is enforceable or not.

With regards to harassment notify the OFT as they are probably breaching OFT Debt Collection Guidelines. Keep a log of all calls received and any messages etc together with all letters (always keep the envelopes and date when you receive any letters). I had major surgery recently and the Banks were notified but that did not stop their harassment but the OFT were quite interested.

With regards to a parachute account I have heard that the Co-operative Bank has a basic account and can be opened online.

Reader

Subbing for information.

Originally Posted by car2403

I can't see why that case went that far when the agreement was clearly enforceable???

I agree with Car. Quickly reading through the case it was not that the agreement was unenforceable it was to stop the lender reporting to CRAs, is that correct?

Confused (again) Reader

Hi Milly, I was wondering if you have an update regarding this thread, I have just had a letter from Green's Solicitors so have been getting some back ground from your thread, hope you don't mind.

Reader

Hi All, I have today had a letter from Collect Direct Uk (CD UK) for an account that is currently in dispute due to a non enforceable agreement or should I say one side of an application form.

Anyone know who they are, does this mean that the debt has been passed on or not? They say they are collecting for their clients.

Any one heard of them, have done a search on CAG but seems to be about CD as in music!

Thanks Reader

Hi Vint, again thanks for responding.

I did send the letter in post 23 as you suggested amended slightly but sent it to MCS recorded delivery, should I send to HSBC?

Thanks Reader

Hi all, had a "pay or up or go to court" letter from Collect Direct, anyone know if they are an inhouse debt collection company, or would it be that a debt has been sold on to them?

Account in dispute due to an unenforceable agreement.

Comments appreciated.

Thanks Reader

Hi Everyone subbing for reference if you don't mind.

Thanks Reader

Hi everyone thanks for responding.

Vint with reference to the default envelope, I have the envelope stapled to the default notice. I did wonder if the other letter could be constured as a termination but in hindsight peraps that's wishful thinking. I have not had anything from HSBC apart from a letter to say that they acknowledged my comments about the CCA but they stated that it is still a debt and I should honor the payments.

What should I do now? I am really annoyed with MCS as they totally ignore any letter I send to them - I have sent quite a few of the letters to MCS via recorded delivery and have proof. Shall I send a prove it letter or am I asking for trouble?

Thanks Reader

Hi InsuranceGuy, no the points are in 2005, 2006 only. It is a little steep I agree I was gobsmacked when he said how much it was going up a month. The silly thing is if he had changed insurers and gone with someone else it would have been much cheaper!

Thanks Reader

Hi all.

I know I probably seem a little slow - still learning:) (so bear with me) but I presumed that there would be a few test cases that would determine what would be an enforceable agreement. This would in turn clear up the courts and if there is real justice (what with the law already in place) get the debt collectors off our backs and make the world a wonderful place.

Now it seems that this will not be the case.

Can anyone explain in simple terms what is happening please?

Totally disillusioned ..... Reader