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Unenforceable Credit Agreement?


platinumone
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How much is the alleged debt to Capone ? I am in a similar situation so we definitely should keep in touch. I am giving up on the unenforceability angle (well nearly) and will attempt to settle. Mine is about £6k.

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I thionk that I know who the Debt Collectors are - Frederickson, Debitas etc and we assume that they haven't bought the debt ie they are on commission - what about trying 20% after having initially tried 10% - or just pay them £1 per month and back it up with a statement of your affairs. Just thinking aloud rally but I will be doing something positive very soon. Let me know what you do.

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I am thinking about making Capital One an offer to settle- on the condition that they change my account status as settled and get the default removed. Does anyone know if this is possible, and if so, should I make the offer by phone or in writing?

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  • 2 months later...

Hi same here quite new to this, need some help about by HFC hire purchare agreement. Basically it was taken in 2002 with buy now and pay in 12 month. Unfortunately I never made any payments and the debt was passed on to a dca, after they contacted me I made a payment arrangement. I have now received copy of my hire purchase agreement and wanted to know its validity, anyone help plz.

 

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  • 3 months later...

I am new to this site but have been very interested in some of the posts... especially re unenforceable credit card agreements. There has been some great advice given. I was approached by a compensation co... who told me they could wipe all my cc debt... if they could prove the cc agreements were unenforceable.... however after a long discussion they requested my credit card details... I categorically told them not to take any fees until i have had a look at the paperwork... However they did and as u can imagine I was fuming... charged £1,580 upfront for nothing... after calling them and threatening them with MOJ and Financial omb they quickly refunded my fees... as they had already been warned about taking upfront fees.... SO to cut a long story short I am going to do it my self... but nervous... Can anyone provide me with a template for the letters u need to send to lenders.... thanks guys.

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  • 1 month later...

haha where do I start??

I have looked at this site and taken advice and now im a little 'stuck' so all input is very much grately recieved!!

I have asked my lenders, Cahoot, Egg and Mortgage lender for original agreements, because all agreements are before 2006 and wanted to know how i really spot the flaws in agreements and how to respond.

My mate works for a company and has said that he can do it for a fee, which really isnt the point if i want to scrub away debts!!

 

OK here goes, The cahoot loan was a flexible one taken out in 2005 agreed limit £9000 have had some success in claim back PPI , I have had the credit agreement back and then have been sent new terms ad conditions with another credit agreement the same as the first attached to it. I havent signed any new terms and conditions. How can this get written off??

 

The Egg one, sent me back a copy of the original agreement with current terms ad conditions it states on the original agreement the original interest rates?? this is for £2500 taken out 8/11/2004

 

NRAM have two secured loans on this account ad have asked them three times for the original loan agreements for the secured element of this account, rang today to ask again, can i go for these to be written off? or will i get trouble off the company or will they ask me to move my mortgage etc??

 

Also ( sorry to drone on and on) but I had a overdraft with Nationwide which has gone to a CCJ. is there anyway around this?? they kept putting the overdraft up ad up without my consent and also I have disputed bank charges without success!!

 

I really dont fancy forking out money (which as you can tell by the debts I aint got) so please Help!! xxxx

 

 

Kelly:jaw:

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Have been looking through all posts going back years - has anyone successfully had their debt 'cleared'. I contaced MBNA direct to ask them to send my up to date terms and conditions. Have just received an 'updated' terms and conditions - not the original, but they did send me a copy of the application form I signed back in 1998 - so take it cannot take the unenforceable claim any further as they do have this signed form ?? any comments would be appreicated

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I'm afraid the world has changed since this thread was started. It is now well nigh impossible to get a debt written off by challenging the agreement. Bank overdraft charges are also hard but there may be ways of challenging those using newer legislation.

 

IMO, the only worthwhile things a the moment are mis-sold PPI and late charges on credit cards, catlogues and the like. For late charges, see my Goldfish thread. There is plenty on PPI on other parts of the site.

 

I am going to lock this thread as I think it is misleading now. Please start your own thread in an appropriate forum and someone will be along to help.

 

 

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please can you all start your own threads rather than posting here as it gets hidden and no-one with any experiance is actually helping

 

an un-en CCA DOES NOT get the debt written off - old wives tale.

 

it just means they cannot use the court route.

 

however after many recent cases, it is CAG's view NOT to rely on an UN-EN CCA in a court of law.

 

thread closed

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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