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ToxicWaste

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About ToxicWaste

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  1. Thanks for your help so far guys - it is much appreciated. The consensus is that going to Court isn't exactly a sensible option. But the comment has been made that 'they don't have a leg to stand on'. I can divert all the threats and harassment and deal with this. So what would be the best alternative route given that BarclayCard won't be able to find either the original agreement or executed agreement ? Is it best to go the default notice route? If so, how best to go about this ? Thanks
  2. Hi Guys I have been trying to help a little old lady with her debt problems. She has been given bucket loads of credit cards with no hope of repaying. She does own her small terrace house and no doubt the banks will be more than happy to repossess - so they're alright then. I think they have behaved shamefully. She also suffers ill health which the stress is making much worse. Anyway, one of the credit cards was taken out with Goldfish which has metamorphosised in to BarclayCard through several transformations. BarclayCard haven't a hope of finding the original agreement given the numbe
  3. Looking at the template links posted all we seem to have is the first letter to the Lender asking for a true copy of the original agreement. Not too difficult really ! Clearly the next step will depend on the reply received or indeed whether there is any reply. A lot of you guys have successfully been through this minefield already and a lot of case histories are I think posted on this forum. Could anyone recommend any of these cases as representing a 'classic model' of how to take a case forward with for example the right questions to ask as the Lender(s) delay, obfuscate, deceive, cheat et
  4. I think I will go the DIY route to try and help my friend's mum. Could somebody point me in the right direction for templates asking for a true copy of the agreement - ie starting at first base ! No doubt it then depends on the Lender's response (if indeed there is one) but does the forum have templates for Bases 2, 3 etc. ? Thanks again.
  5. OK So where I am in this is: - it's clear that the creditor will be in default if they fail to provide a true copy of the executed agreement and the debt will be unenforceable if they cannot provide a signed copy of the original agreement to the Court. - it may or may not be possible to write the debt off. Thanks everyone.
  6. But that's not the point surely. If the debt never existed in the first place (the logical conclusion from Sir Andrew Morritt's opinion) then it isn't merely unenforceable. It's a figment of the lenders' imagination whether they agree with that or not. So I am puzzled as to why the Site is endorsing the view that the debt hasn't been written-off.
  7. Thanks for the links Car - some very interesting contributions. I think it was you who commented that although the Courts may rule that debts are unenforceable this does not mean that they can be written-off. Do you have any thoughts on the contradiction here with Sir Andrew Morritt, Vice Chancellor in Wilson v First County Trust Ltd [2001] EWCA Civ 633 who said at para 26 that in the case of an unenforceable agreement:- “The creditor must…be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circum
  8. Thanks uptoneck Is there anywhere on the forum I can find info on these companies. It really is a maze for a newbie.
  9. There is also an inconsistency that perhaps someone could comment on. In the various introductory blurb I have read that if a loan/credit card debt is ruled to be unenforceable this does NOT mean that the debt is written off. It can therefore be given/sold to a debt collection agency to chase/harrass the debtor ( I guess the implication being that the debtor could be bullied into paying). Shameful behaviour. However I have also seen that Sir Andrew Morritt V-C in Wilson v First County Trust Ltd [2001] said that ' in effect, the creditor - by failing to ensure that he obtained a document s
  10. Hi I'm new to the site - and what a cracking site it is ! I have a friend whose mum is 75 years old, has a heart condition and has had a mild stroke. Amazingly, the banks have lent her £50,000 on credit cards and are now chasing for repayment. She owns her own house with a small mortgage. I'm trying to help sort it out and see if we can make some of the debts unenforceable - and serve the b****** right ! There is clearly a huge amount of help here but it is also obvious that on a request to see a true copy of the CA the banks will delay, obfuscate, mislead, ignore, cheat etc etc to avoid
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