CCA Enforceability Thread I'm sure I've seen it stickied somewhere and cant find it for the life of me.

Hi, I had a few questions on loan agreements. I was considering lending a large sum of money by virtue of a loan agreement (commercial purposes). However, I am unsure as to its enforceability and I am concerned about this. I was considering putting a clause under enforceability that enters into a secured loan agreement of property. My question is that how do I enforce this clause if for example, the borrower ends up selling the property without me knowing. Will just mentioning the secured loan in the agreement be sufficient or do I have to take other steps?

Hi, I was looking for some advice on what to do with my Egg card. The agreement can be found by clicking the link below. Due to my lack of income my current status with this card is that Ive been on a payment plan for 6 months with them. This ended 2 months ago and since then Ive paid token payments totalling £26. They are hounding me now wanting payment, which I just havent got so what do I do? I know there's a case going through regarding Egg and this 'approved limit' statement but is there anything I can send them in the meantime? All advice would be greatly received. Regards Egg CCA pictures by musicronny - Photobucket

Hello all, This is my first forum post. I would like to get some advice on my legal position. Company A has an authorised overdraft with bank. Director A didn't sign renewed personal guarantee but signed previous guarantees. Company B buys 70% of shares in Company A and Director B appointed to Company A. No guarantee is signed by Director B as bank have not asked him to sign one yet. Bank policy is all Directors required to sign PG (joint and several liability). Bank decides to enforce personal guarantee against Director A. Legal questions: 1. Can bank enforce PG and rely on old PG agreements (precedence); 2. If PG can be enforced, can Director A invalidate PG on grounds that Director B did not sign PG, or if not invalidate, can Director A sue Director B for half of PG, or argue to bank that only 50% liability is due as they were negligent in not getting Director B to sign PG. Quite an odd situation this one... Thanks.

Hi My NRAM loan has been passed to Allied International credit. I wrote to NRAM directly in April telling them that my situation hadn't changed and I could only afford to pay a token £15 a month -my debt is £4949. I'm working with Stepchange at the moment to assess my options and have told NRAM that too. Unfortunately due to other family issues I haven't been able to progress this very quickly as I have other battles to fight for children at the moment and they have to take priority. I've been paying NRAM £15 a month but today received a letter from Allied. to cut a long story short I wondered if somebody could please check before I go any further with NRAM whether the CCA they've sent me on request is enforceable? I've attached in two pages and would like to know how much chance I have of keeping them appeased with a token payment so if the CCA is unenforceable that'll help and give me time to look at the rest of my debts, one of which is being pursued through the court by Lloyds at the moment. Thanks all for any advice! Sadie

Hello all, Help needed about a signed application form received under section 78, of the act, with regards to a credit agreement. It's signed and dated by me, contains the prescribed terms of a running account, but is not dated or signed by the original creditor, nor does a signature box exist for the creditor either. (3) The signature of the said document shall be made in the following manner— (a)by the debtor or hirer, or by or on behalf of the debtor or hirer in the case of a partnership or an unincorporated body of persons, in the space in the document indicated for the purpose, and, subject to sub-paragraph © below, the date of the signature shall be inserted in the space in the document indicated for the purpose; (b)by the creditor or owner, or by a person on his behalf, outside any signature box in which the debtor or hirer may sign and, subject to sub-paragraph © below, the date of the signature shall be inserted outside any such signature box; ©in the case of a regulated agreement which is not a cancellable agreement, the date on which the unexecuted agreement becomes an executed agreement may be inserted in the document and in such a case any other date specified in paragraphs (a) and (b) above need not be inserted; and (d)nothing in this Regulation shall prohibit the inclusion in the said document, near to any such signature, of the signature by any witness outside any signature box in which the debtor or hirer may sign. This is in relation to an adjourned application hearing to set aside a statutory demand. original creditor: ABBEY Credit card (MBNA), Default dated mid 2009, Notice of assignment sent, Default notice sent, Last 10 statements sent. Amount of default £2000, contains about £450 worth of £12 charges. Can an application form be said to be a enforceable agreement, even if it contains the said prescribed terms? This may be ok for waksman, cary v HSBC but is it ok for the Wilson house of lords case

Hello everyone, I have had a look at all the threads but I have unusual circumstances so ask for your kind advice (but sorry if I am just repeating what has been asked before): My partner is the executrix to an estate The deceased passed away in October 2008 The main beneficiary is my partner's daughter (grand daughter of the deceased - paternal side of the family) We have a number of credit agreements (see example below) and they form the debts of the estate as they were (completely) unpaid during deceased's lifetime Agreements were taken out in 2003 No substantial payments were made and they all went into default pretty quickly Our daughter's biological father is contesting the will and we have had to go to the High Court to get our daughter what was left to her We have spent 4 years in litigation to win probate for our daughter's inheritance (which thankfully should happen before Christmas - ) at great expense Probate for the estate has been handled by a solicitor Litigation of the dispute was handled by a different solicitor (thankfully!) The probate solicitors have communicated with the creditors directly on the executrix's behalf. They are not hassling us yet but will do when we sell the house because the debts have "equitable charges" against the house (which is the only real asset of the estate). We did not want to try and clear the credit agreements in case we lost the case over the validity of the will Now we are close to getting probate, we need to try and get rid of these debts (or at least the punitive interest) on them Interest has been charged throughout at 20% I now need to know how much interest has accrued over the course of the litigation so must write to the creditors now for statements of account to enable us to calculate costs that we can attribute back to our daughter's numbwit father. (Sensible?) Here is an example of a First National Bank credit agreement in question (we have 3 of these all of the same format and some others that are similar in structure) [ATTACH]38602[/ATTACH] The only route I can think of is that the agreement does not have the total credit charge, only the amount of credit agreed and then monthly repayments. Thanks

Hi, I would like to reclaim PPI and payment penalties on debts I am still paying off from 1999. The debts were transferred to collection agencies. My question is how do I go about reclaiming my PPI? Do I write to the original lender or the debt collection agencies? Is it possible some of these debts are unenforcible and if so how would I go about doing all 3 ie PPI, unfair charges and unenforceable agreements? Sorry for all the questions but new to this and really confused! Thanks

I just want to be sure of this fact for my defence. Does a credit agreement need to have the address(es) of the debtor(s). if this answer is yes, what is the effect iof it does not. I have been referred to regulation 2(1) to check this, but I don't know 2(1) of what? Any help will be appreciated.