credit cards unenforceable

[if only]

hello hello,

whats this i hear about credit cards & personal loans issued before april 2007 being unenforceable, there's a company advertising they can right them off for you for £450 is this correct does anyone know how this works in plain english please.

[IdaInFife]

These companies want to charge you for a getting acopy of your agreement and seeing if it's enforceable.

 

which you can do for £1 plus postage.

 

no company can guarantee you that they can write them off.

 

 

Ida x

[Whistler128]

hi,

Would welcome some information about going it alone with regards to unenforceable credit agreements. It seems that a lot of legal firms and agencies are making lots of money out of this. Can it be done DIY?

[pt2537]

Forget about these companies, infact i am not even going to discuss them as its a waste of my time

 

Look around the legalities forum and you will see people are fighting back and winning and we are helping them

 

if you have an unenforceable agreement it can be challenged via the courts and an order made that prevents the creditor from ever trying to enforce the agreement which means its game over for them

 

and you can do it all yourself

[odds]

hello hello,

whats this i hear about credit cards & personal loans issued before april 2007 being unenforceable, there's a company advertising they can right them off for you for £450 is this correct does anyone know how this works in plain english please.

 

If you want me to, I'll send off a CCA request for you at a cost of £300 thus saving you £150. Take into account I have a 5 minute walk to the Post Office, £1.00 for the CCA cost, £1.xx for Recorded Delivery, 5 minutes labour printing the template letter. Then another 10 minutes posting the agreement on CAG for opinions/confirmation about the agreement. I really think that is a bargain offer

Please tell all your mates aswell, cos a few of these a week would do me very nicely

On the other hand you could do it yourself with all the help and advice from the very knowledgeable people on here that are always willing to advise/help and it would cost less than a pint of lager

Is it any wonder I'm not a millionaire.

 

Pete.

[if only]

yes I am further down the road than that, I have already got a copy of my file & have quoted back to Amex that their agreement is unenforceable as the terms & conditions are not part of the signiture but separate, they have quoted back to me a high court case so & so verses so & so and the judge sided with Amex as after card was taken out client continued to use card therefore he must have accepted the terms & conditions. Amex have now issued a Statuatory Demand on me, any ideas

[Whistler128]

OK, So a question for you

 

If an application was completed online, without a written signatures by the applicant on the application form and the creditor, does this consisitute as unenforceable?

 

Whistler128

[pt2537]

OK, So a question for you

 

If an application was completed online, without a written signatures by the applicant on the application form and the creditor, does this consisitute as unenforceable?

 

Whistler128

With all due respect , that questions is about as answerable as which came first the chicken or the egg.

 

it would depend on a number of factors. was a copy fo the agreement given to the debtor at the time the agreement became executed, did the agreement entered into contain the prescribed terms, what was the date of the agreement pre or post Dec 31st 2004?

 

so many pieces of info are needed to ascertain whether the agreement is enforceable or not

[Whistler128]

Sorry for been so vague.

1. The agreement was post Dec 2004.
   
2. Was downloaded & printed,
   
3. No other agreement was supplied for "proper" signatures
   

This is just one of 3 Credit Card companies I am looking at.

 

Thanks for the info!!

 

 

 

Whistler128:)

[IdaInFife]

On online agreements they send you a print out of the agreement but instead of signatures there is usually tick boxes

 

 

Ida x

[Whistler128]

Hello there,

 

I have taken the first steps in going for unenforceable agreements.

Done the first letter to 3 Credit Card Companies, giving them the 12 day notice, Not one of these company have reply to my request.

 

Can someone tell me what my next step should be, does the delay mean they may not have the information that I requested or is this a time delaying ploy?

 

All suggestions are much appreciated.

 

Regards

Whistler128

[AA99]

Forget about these companies, infact i am not even going to discuss them as its a waste of my time

 

Look around the legalities forum and you will see people are fighting back and winning and we are helping them

 

if you have an unenforceable agreement it can be challenged via the courts and an order made that prevents the creditor from ever trying to enforce the agreement which means its game over for them

 

and you can do it all yourself

 

You don't have to use any agencies, especially those that charge you! There are National Agencies who will do it for you for free but like the thread says, you can do it yourself. Always look under the Debt Action Group and use your own particular card/bank. Read all their threads and when you're ready, start you own............. we are all here together!!!

[fergal71]

hi guys I have just had a cca from 1986 from lloyds it is basically an application form I filled in it does say consumer credit agreement on it also. They have also sent an unreadable set of terms and conditions and then seperately new terms and conditions. does anybody have a draft letter I should send stating that it is not enforceable as i am sure that it does not have prescribed terms on it? by the way is there a list of prescribed terms, also egg has sent me a letter saying that they do not have a copy of cca is there a draft letter to send them to say that this is unenforceable and they shouldnt put any adverse info on credit file.... I have tried to do this myself but not sure of wording that should be used and I can not find a template lettr for this, any help would be much appreciated and save me hundreds using claim company... thanks

[Whistler128]

Good afternoon,

 

Following my quest to see where I stand with regards to my Credit Cards been unenforceable. I have just had a response from (MBNA Europe) Abbey Credit Card, they have sent me a list of all recent statement of the account & Agreement/Terms and Conditions.

 

The following is a paragraph from the covering letter from Abbey

 

Quote "We are sorry we have not been able to send you a copy of photocopy of the orginal as unfortunately, Abbey were unable to provide us with a copy. We hope that you will find this copy clear to read and sufficent for your purposes." Unquote

 

The agreement terms of Conditions look like they have been recently updated, and there is no sign of any signature from me at all.

 

Where do I go from here please?

[creditcardmug]

Good afternoon,

 

Following my quest to see where I stand with regards to my Credit Cards been unenforceable. I have just had a response from (MBNA Europe) Abbey Credit Card, they have sent me a list of all recent statement of the account & Agreement/Terms and Conditions.

 

The following is a paragraph from the covering letter from Abbey

 

Quote "We are sorry we have not been able to send you a copy of photocopy of the orginal as unfortunately, Abbey were unable to provide us with a copy. We hope that you will find this copy clear to read and sufficent for your purposes." Unquote

 

The agreement terms of Conditions look like they have been recently updated, and there is no sign of any signature from me at all.

 

Where do I go from here please?

 

In other words they are telling you they dont have an agreement.

 

No agreement=not enforceable in court!

[Whistler128]

creditcardmug,

 

Thank you for that swift reply. What is my next step, is there a letter/template I will need to produce to move on to the next stage of my quest?

 

 

Regards

 

Whislter128

[creditcardmug]

Ive got a letter but not on this pc, if no-one else comes on with one bump this thread tomorrow and ill post it up.

 

BTW this isnt your thread is it, seems a few people have hi-jacked it?