Jump to content



Unenforceable Credit Agreement?


Please note that this topic has not had any new posts for the last 3540 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

i am no expert and i hope someone who is replies to the above for you, but surely they must be chasing egg, you need serious advice as you need to know for a fact either way regarding your agreement, surely if you paid them with egg they have been paid on the card? i still do not fully understadn maybe someone else can comment, why are they chasing a bill that has been paid, you say you do not know how your agreement stands but it alsmot sounds they are chasing down the line on an unenforceable agreement which sounds ridiculous, i feel more info may be needed m

Link to post
Share on other sites
  • Replies 259
  • Created
  • Last Reply

Top Posters In This Topic

There is a looong thread (in the Egg forum I believe) about the use of the term Approved Limit instead of Credit Limit. IIRC it is now generally accepted that these agreements are unenforceable due to the lack of a prescribed term.

 

I would do some reading if I were you!

Nationwide - Prelim sent 02/07 - MCOL filed 04/07 CHARGES SETTLED IN FULL!!

Woolwich- Prelim sent 04/07 - Offered 90% - 06/07 accepted

MBNA - Prelim sent 02/07 - CCA request sent 03/07 - CCA reply (illegible + no T&Cs) - DCA sent packing - Restons now trying - gone quiet

Citicard - Prelim sent 02/07 - CCA request sent 04/07 - replied 04/07 No contract & not enforcing!- passed to 1st Credit- gone quiet

Egg - Prelim sent 02/08 - 3 letters - full offer 03/08 SETTLED IN FULL!!

(All starry, rep, clicky thingies gratefully received!)

Link to post
Share on other sites
  • 1 month later...

Hi,

 

I'm a relatively new member and started a thread a while back but have had no responses, so not sure if i've done it in the right place? I have a credit card and loan which seem to tick all of the boxes in terms of start dates to challenge the credit companies.

 

The problem is that I don't know where to start? Is there a standard letter to send out to the companies for a copy of the CCA? Then when they respond what do I do next? Do I need to pay someone to do this for me because I've done some research and some of the companies and solicitors I've spoken to want to charge a fortune!!! Please help

Link to post
Share on other sites
  • 2 weeks later...

This forum is very interesting, I have a number of credit cards that I am thinking about trying get cancelled, by requesting CCA etc

 

I do have a few questions:

 

1. Egg credit card I took out way before 2007, I defaulted and paid a settlement amount, this shows on my credit file as satisfied, rather than settled, it has effected my credit ever since, could it be that I can have this removed from my file and they should have never served a default notice as it was unenforcable, come to think of it not sure if I did get a default notice, I remember getting something from them...

 

2. I have also been told that when you take action of any sort it also goes on your credit file, so many conflicting stores, is it true or not?

 

3. Does unenforacble agreements count on Mortages? What are the risks?

 

4. I have a directors guarantor that I am paying on an old business loan, now paying a debt management company excessive fees every month, could this be writtten off also?

 

Thanks

Link to post
Share on other sites

 

 

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

 

 

I stopped paying on accounts that, to me, looked unenforceable, so is there any reason to keep paying towards these accounts (other than for benefit of your CF)? I don't understand why you would want to? As I see it, the idea of withholding payment is to force the OC into legal action to enforce the debt which, unless they pull a magical, correctly set out agreement that differs from what they gave me, only a judge can enforce.

 

Are you suggesting that Caggers should keep paying and dragging the OCs to court ourselves under s.65 and ask for a strike-out under s.127?

Edited by FlyboyAgain
additions
Link to post
Share on other sites

I am saying that you should only withhold payments if they are in default ss77(1) or 78(1) or that you are absolutely sure that the agreement is unenforceable.

 

You can't take them to court under s65, it would have to be under s142

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

Link to post
Share on other sites
I am saying that you should only withhold payments if they are in default ss77(1) or 78(1) or that you are absolutely sure that the agreement is unenforceable.

 

You can't take them to court under s65, it would have to be under s142

 

Thanks, Steven. S.127 - my mistake; that's the one that could go in their favour!

Link to post
Share on other sites

Hi All,

Sorry if this has been put in wrongly but I have some on who is very very worried about this agreement and I have looked at it and think its wrong but would like some one to confirm this.

sorry tried to load but could not so here goes and if its not right then soory,

Hire Purchase Agreement cc act 1974.

Details of Hire(?) these are the finance companies

Deatails of the customer These are his but the surname is worngly set out.

Goods:

Amount of credit £6083.00

Duration of agreement 30 (nothing else) 30 what?

Repayment £381.01

APR 47%

one payment of £250.00 payable followed by 29 months at £318.01

Cash price £9000.

IPT Goods £250.00

Vat free goods £33.

Total Cash price (T) £9283.00

Deposit paid £3200.00

Advance £6083.00

Interest (X) £3457.30

Documentation fee (Y) £250.00

Option to purchase fee (Z) £5.00

X+y+z = tOTAL CHARGE FOR CREDIT © £3712.30

T+C Total amount payable £12995.30

 

Some of the figures do not add up and the company is under a different name.:confused::confused:

any help would be very gratefully accepted.

Link to post
Share on other sites
CAn you put some scans up? And what is IPT, a fee of some kind?

 

 

Insurance Premium Tax

 

Its a government tax on general insurance premiums 5% standard rate and a higher rate of 17.5% on things like travel insurance.

 

Pedross

Link to post
Share on other sites
  • 2 weeks later...

Hi I am new to this forum , I wanted to know if you can still claim against unenforceable credit agreements if you are in a IVA (voluntary arrengment) . If so how do I go about doing this ? :-? Any help will be appriciated .

Link to post
Share on other sites
  • 3 weeks later...

Hi. I too am new on this site. I desperately need some help with my credit agreements too. I heard that some credit agreements are unenforceable if they were taken out prior to April 2007. I am not sure how true this is...I just had a company calling me trying to get me to pay them £1000 upfront for assessing my case and looking over my agreements. If they are unenforceable and I win, the company want a further 15% of my total debt, which is now at around £23k, and if i loose, they keep the £1000 i initially laid out. Is there any way that I can try to find out if my credit agreements are enforceable without having to lay out so much money. I am trying so hard to get myself out of debt, but I just seem to be digging a bigger hole. Please help.

Link to post
Share on other sites
Hi. I too am new on this site. I desperately need some help with my credit agreements too. I heard that some credit agreements are unenforceable if they were taken out prior to April 2007. I am not sure how true this is...I just had a company calling me trying to get me to pay them £1000 upfront for assessing my case and looking over my agreements. If they are unenforceable and I win, the company want a further 15% of my total debt, which is now at around £23k, and if i loose, they keep the £1000 i initially laid out. Is there any way that I can try to find out if my credit agreements are enforceable without having to lay out so much money. I am trying so hard to get myself out of debt, but I just seem to be digging a bigger hole. Please help.

 

Hi, and welcome.

 

First of all, please try not to worry about the debt. You have come to the right place for help and if you spend a bit of time researching the threads on this site you will gain the knowledge you need to deal with debt, your creditors and the **** that harass you over it.

 

Here is your first port of call, along with re-reading this particular thread you have posted on:-

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

 

Whilst your looking at these threads, you need to anaylse whether you are paying out too much money on debts which prevents you from living comfortably and by that I mean paying the bills that keep you household (and all that entails) running. If you are spiralling further into debt then either speak to your local Citizens' Advice Bureau (though I know they are swamped with this just now) or set up your own Debt Management Plan and ask your creditors to accept reduced payments. That's the first thing you do: put the brakes on the slide!! Please stick to national bodies re this and not private ones! Go here re DMPs:-

 

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=29_debt_management_plan

 

Now, this company who has contacted you offering help for £1K up front: who are they and how did they get ahold of your name and how do they know you are in debt? Do not sign up with them! They are the worst type of bottom-feeder in the debt industry and, believe me, debt is big business to a lot of people. Avoid them, please. You can learn here how to do it yourself and forumites will help you.

 

You need to request copies of your agreemenst from your creditors to see if your agreements are indeed enforceable. EVen if they are, you should still get yourself into a DMP to reduce your outgoings; no creditor should refuse this outright. And if you do find that some of your debts are enforceable you could try offering a reduced sum for quick settlement, but that's a good way off, yet. Let's see all your accounts/detbs first.

 

Post back here with your own new thread as this one is a reference.

Edited by FlyboyAgain
Link to post
Share on other sites

Hi guys. Can anyone help with a high level quick answer. I am in an IVA covering 9 creditors. All taken out at least 3 years ago.

My question is, is it too late to go through this process of getting any unenforceable credit agreements anulled and having them removed from my IVA (aim to get them all removed)?

 

Your answer will then drive a further 3 million questons no doubt.

 

Thanks in advance.

Link to post
Share on other sites
Hi Alison,

 

Frustratingly they do even when they legally can't but you can get them to remove the information especially if your agreement is unenforceable but it won't happen overnight.

 

Firstly, you need to send the data controller an S10 request. They or may not acknowledge you in writing but when I checked my credit refernce report, all info relating to this account had been removed. I'm not saying that it was all down to my S10 request but it certainly helped! QUOTE;

 

hi BelstarBomb, how did you do the S10 request??

thanks

Link to post
Share on other sites

You guys all seem in the know!!

I have sent letters to both halifax and littlewoods asking for credit agreements and as I had moved I enclosed details of my new address.

They failed to send them so I then sent a letter i got from here declaring the debt unenforceable.

However, both companies continued to harrass me by phone, littlewoods in particular phoning 3 times a day and were VERY agressive on the phone. I believe that both of them, despite my action, have now registered my debts with debt collection agencies and have not wiped the debt. This has severely affected my credit scoring and I dont know what to do to sort this mess out?!!!!

Help!!!!!

Link to post
Share on other sites

The only person who can declare the debt unenforceable is a District Judge either when you take the company to court to force this issue or if they take you to court and you win..In exceptional circumstances they will sometimes write it off voluntarily but don't' normally wipe the credit file slate clean

 

Its a shame the consequences weren't pointed out to you before you wrote the letter if your credit file is important at this present time....maybe we all need to think about this before recommending the dispute letter when someone's credit file is up to date?

Live Life-Debt Free

Link to post
Share on other sites

Please note that this topic has not had any new posts for the last 3540 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...