Unenforceable Credit Agreement?

[B3rty]

You can adapt this to suit

 

Letter before Action

 

Dear Sir/Madam

 

Re: − Account/Reference

 

I refer to our recent correspondence regarding the above account where I requested a signed copy of the credit agreement (which you have not been able to produce) or (which is not executed in accordance with the Consumer Credit Act 1974) and do not recognise any liability to you or your legal right to pursue this alleged debt.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. The following examples are from high court and the court appeal case law which backs up any legal defence, or counter claim under Consumer Credit Act 1974 s.142

 

Wilson v First County Trust Ltd [2001] EWCA Civ 633, Sir Andrew Morritt, Vice Chancellor said:

• 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 circumstances in which it was never entitled to have them repaid

 

In the case of Dimond v Lovell [2000] UKHL 27, Lord Hoffmann said:

• Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay.

 

Should I wish to pursue court action there are firms now willing to do this on a no win no fee basis and this would incur considerable expense to your self both in litigation costs and my legal costs

 

As a compromise I suggest you write off this alleged debt and remove all reference from my credit files.

 

Should I not receive a satisfactory reply then I will be considering enforcing my legal rights through the courts and would suggest you pass this letter to your legal department for their attention.

 

Yours faithfully

Your name

Name

[Jack_uk]

Hi B3rty

 

That is great, thank-you so much for this.

 

Jack

[landersd]

Hi sorry to hijack this thread , but i,m a bit new to this .

 

I am thinking of challenging my credit card agreements but i have a few questions......

 

Has anybody actually had confirmation from the credit card companies that they will not persue the debt......and on the flip side has anybody actually been forced to carry on paying

 

Is it ok to stop making payments and if so when

 

Has anybody suffered adverse credit rating because of their claim

 

What are the main points to look for on the agreement to see if its unenforceable.

 

Once again apologies for for hijacking.

 

Thanks in advance to anyone who replies

 

Digger

[steven4064]

Hi landersd

 

There are lots of cases of CC companies accepting full and final settlements which is the same thoimgs agreeing tnot to puruse the debt.

 

Only stop payments if the CC company is in default under the CCA 1974

 

The cannot give you an advers credit score just because you claim - there are strict procedures they have to follow (and, if they don't you can make them)

 

I suggest you either post a scan of your agreement here (personal details removed) so we can have a look, but to see what to look for, have a look at http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements.html

[Silverfox1968]

Hi All

 

Can anyone assist, I am currently facing bailiff action at my house from the county court on behalf of Hillesden Securities Ltd. I have read several of the articles and there seems to be grey areas as to whether the original finance house is allowed to pass my deatails on to a third party collection service.

My question is what can i do if anything ??

 

Regards

 

Silverfox1968

Edited May 26, 2009 by Silverfox1968

[Michael888]

Hi BB - I am in the process of sending a "Subject Access Request", from reading your thread the creditor (Marbles) have 40 days to reply. In the event that they do not forward the signed agreement, should I then proceed with a "Formal Complaint Letter" and then followed by a "Letter before action" which suggests the debt be wiped clean or court action be taken ?

 

In addition you have mentioned that you will be receiving all monies that you have paid ? is this compensation and how did you progress with this action ?

 

Look forward to your response and thank you.

 

Regards

Michael

[landersd]

Fao Steven 4064, or anyone

 

attached are 2 loan agreements for new vehicles. These are customer copys , not copies of the originals. i dont know if the originals were signed or if they even have them.

 

Is it worth sending a cca request in the hope that they dont reply in time?

 

 

Regards

 

Digger

 

 

p.s one of my credit cards is a leeds card and have been taken on by barclays...... where do send the s78

site plan0011.pdf

site plan0012.pdf

Edited June 3, 2009 by landersd

[hejohn]

Don't know if anyone can help me but I have been looking into this and phone a number of companies who have all quoted me silly prices for carrying this out on my behalf. I was wondering if I could challenge the companies myself. If I can what wording am I looking for in the credit agreements? Does it only apply to agreements made before April 1997? Will the remaining balance be written off or do you ask for compensation. Would be grateful for any help.

[whu1]

Hi guys

 

Been in the process of dealing with Capital one and after going through all the processes, their next step has been to send me a letter from Capquest debt recovery stating they need to start the litigation process to resolve the matter.

 

They have appointed Marcus Butterworth as my case handling supervisor and to assist litigation process.

 

The case will be processed and sent to solicitors on 16 June

 

Anyone receive these type of letters??? not sure what to do next or totally understand the process.

[Michael888]

Hi landersd

 

There are lots of cases of CC companies accepting full and final settlements which is the same thoimgs agreeing tnot to puruse the debt.

 

Only stop payments if the CC company is in default under the CCA 1974

 

The cannot give you an advers credit score just because you claim - there are strict procedures they have to follow (and, if they don't you can make them)

 

I suggest you either post a scan of your agreement here (personal details removed) so we can have a look, but to see what to look for, have a look at http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements.html

 

Steven,

 

I have sent recorded delivery to the credit card company requesting a true copy of my CCA. It is now 15 working days and they have failed to reply - does this mean I can put the account in dispute and stop my payments ? However, if I do this will they put adverse credit rating on my file ?

 

Thanks

Michael

[BelstarBomb]

Hi Whu1,

 

First things first start your own specific thread as it is diffiuclt to give and receive advice specific to you when it is confused with everything else that is being posted here.

 

When you do that, please also upload a copy of what Capital One has sent you as an agreement removing your details and explain what has happened to get you to this stage. Use Photobucket or the like but make sure you keep the secure settings so that not everyone can look in at your documents!

 

Once we have that info, we will be in a better position to advise you as to your next steps.

 

Best wishes,

 

BB

[yeahyeah34]

i am new to this forum so apologise if what i am asking has been covered, i have read through the mass of information but there is a lot to take in , i am about to try and reclaim about £15k of debt from HSBC and EGG using a recommended firm of solicitors, my main worry would be any adverse ratings on my credit history, has anyone who has suceeded in having their cards rendered unenforceable recieved any negaitve or adverse credit rating? When asked on here if this may be the case this seems to go answered, can anyone elaborate? thank you.

[BelstarBomb]

Hi YeahYeah and welcome,

 

I have had a £15k credit card debt written off by HSBC and all info that was with the credit reference agencies has been wiped.

 

On the other hand, there is no incentive by the banks etc to 'write' anything off if you are still paying them so the decision you have to make is as follows.

 

Have you done your homework to ensure that you have enough of a case to at least get the agreement declared unenforceable?

 

If it goes to a stalemate - they stop pursuing but don't remove the info, are you happy to have your credit file ruined for 6 years?

 

Are yuo prepared to go all the way if need be? By that I mean, utilising your solictors advice, complaining rigourously to the relevant bodies and having your day in court?

 

Some banks under certain situtaions will throw in the towel, others and I can speak from experience, will do their best to grind you down by dragging it out for months and even years.

 

I suspect the reason you haven't read or seen a specific answer is down to that reason and that reason alone!

 

BB

[yeahyeah34]

thanks for the reply belstarbomb, i am amking all my replayments on time at the moment but i am just at teh early stages of considering using a firm of solicitors to handle my claim, a friend of mine has already started the process and the owner of the firm is a good friend of his for the last 25 yrs and he is no fool so i am only comfortable in using this company. The only information regarding if my 2 cards may be unenforceable is the fact that they are pre April 2007, the cost is £495 per card but is refunded if unsuccessful, total cost would them be £99, i was warned they may take away my overdraft facility but i can live with this. I am willing to pay solicitors the fees to take the strain as i am too busy to handle it myself, can you advise me on how to start a thread on this forum regarding people experiences of possibly recieving negative credit scores after the event, or is this all too new for some to have reached a conclusion? thanks in advance.

[BelstarBomb]

Hi YeahYeah, before you part with the best part of £500 can you scan your agreements, block out the personal information and post it up here so that we can take a look?

 

I got the £15k written off with the help of the people on CAG and CCS. At least we may be able to tell you if there is a case to answer.

 

BB

[yeahyeah34]

Belstar i have never scanned anything in my life but will aim to get this done, i have the online EGG agreement but not the HSBC agreement, bear with me and i will aim to get this one thanks m

[credware]

Hi guys.

I had this CCA which I requested the agreement from the lender, they failed to send the stuff within 14 working days plus another 30 working days expired. They now sent the agreement after the expiry of 42 days. Meanwhile, the agreement does not fully conform with the CCA 1974, but then is it still enforceable now? and what do I do next? They threatened me with arrears and MOJ warnings. Is this right? Please help.

 

Credware

[cds]

to get the best advice you need to post up the agreement in the relevent forum.

 

cds:)

[credware]

Thanks for your response. Plz how do I post or attach the agreement here?

[cds]

go to the relevent forum check the top left corner for start new thread, then google photobucket and register to upload scans.

 

cds:)

[hammyhound]

Sorry Caggers I lost the plot on page 2.

 

You need to start your own threads as I for one were finding it difficult to keep up with each and every post.

 

HH

[credware]

Hi cds. Please I think I have opened a new thread on the above after attaching pdf file from your advise.

 

Thanks

[TridentXV]

Hi,

 

I am currently in the middle of court proceedings with Bryan Carter solicitors over an Egg credit card debt.

 

I have recently filed my defense claiming that I do not feel I owe Egg money and they have finally enclosed my Egg Card Agreement and have also offered to accept a reduced amount to settle now.

 

Are they just trying there luck or trying to save us both some time in court??

 

I am not sure whether the agreement I have is unenforceable or not, could someone please cast their eyes over it and let me know their thoughts?

 

Thank you very much,

06-29-2009.pdf

[yeahyeah34]

Hi trident i think the sun has gone to my head today but i have ready the above letter from the solicitors, are you trying to settle with egg for £2500? a reduced debt amount? did you owe near to 10k? of are you in dispute with the solictors regards m

[TridentXV]

Bryan Carter solicitors are taking me to court to try and get back money used on a credit card with Egg.

 

I told Egg that I didnt think they had an enforceable credit agreement as they had refused to send me a copy of it each time I asked.

 

The debt is approx £2500, however they are offering me a reduced amount to settle the debt now and out of court.

 

Should I take this as the agreement is in fact enfoceable or should I take them to court as the agreement is unenforceable?

 

Thanks,