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DIY and Unenforcable Credit Agreements


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Guest suziedarkness

Hi everyone,

 

I have posted a few threads on here regarding my awful financial state of affairs and interestingly read hundreds of others posts.

 

I have look on the web and found pages and pages of companies who claim to be able to wipeout unenforcable agreements, some with an upfront fee and some no win no fee. However, I just dont know who to trust except myself and all you here on CAG of course and so I have decided I am going to have a stab at it.

 

I have a few questions to start with.

 

1) I have copies of the original agreements that I have kept. Are these sufficient or should I request from companies anyway?

 

2) I would like someone on here to see if they think they are unenforceable or not. How do I scan them onto here?

 

3) If either of the loans are unenforceable, would I be able to claim back all the payments already made as some companies state you can?

 

4) what is the best way forward with all this as I am a complete novice and havent the faintest idea what to do.

 

Suzie

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Hi there,

 

1/. You will need to send for your Credit Card Agreements (CCA's). The object of this being to make sure THEY have a copy of it. You can then compare the CCA's they send with the ones in your possession - but don't tell them you have your originals.

 

2/. If you have a scanner the scan your document and save as a jpeg. Create a photobucket account at Image hosting, free photo sharing & video sharing at Photobucket and then upload the saved jpegs to your photobucket account.

Once uploaded, copy the img code and paste into your message on the relevant thread.

 

3/. Nope....you won't be able to reclaim any payments seen as personal enrichment. However, nothing to stop you reclaiming unlawful charges applied to the accounts.

 

4/. Read as much as you can on this site, especially the *WON* threads as they mostly explain the journey from start to finish.

Start by requesting CCA's for all the accounts you have.

 

Also post separate threads for your accounts as it will be easier for you to follow and also you will get tailored advice for each creditor.

 

Hope this helps.

 

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Oh, and I'm sure others will be along to advise you further.

 

You won't be alone in your quest to resolve your financial affairs as we're all in the same boat.

 

BTW - if you do post any documents, be sure to remove any personal details. You can do this by covering them with paper when scanning them or use the Paint application on your PC.

Edited by supasnooper
typo due to my lappy touchpad, grrr

 

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A good letter to request your Credit Card / Loan Agreement is below.

 

Adapt to suit and remember the mantra -

 

i/ Do NOT sign using your signature, just leave blank.

 

ii/ Use a postal order to pay and mark it for "CCA payment only".

 

iii/ Send using Royal Mail Recorded Signed For Delivery service.

 

iv/ Keep everything including the envelope that you get a response to.

 

 

 

Your Road,

Your Town,

Your County,

Your Postcode

XXXXXXXXX, 2008

The Loan Company or Collection Agency

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Re: Account no: ***************

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order ( No.*********) in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

If you do not understand this letter, you should seek professional advice.

 

 

 

Yours faithfully

Mr. / Miss/ Mrs. / Ms A N Other

 

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Another nugget of advice - be prepared for some phone calls as well.

 

If they do phone, keep a note of the call eg. date, time and name.

 

Do NOT speak to them as you want everything in writing as sometimes phone conversations become distorted in their meaing further down the line.

 

If the phone calls become too persistent then there is a letter in the Templates section you can fire off to them.

 

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Guest suziedarkness

Ok Supasnooper, I dont do telephone anyway lol. More worried about Welcome sending one of their henchmen round!!

 

Suzie

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Welcome won't send round any hench men............they'll need to make an appointment to see you which you won't allow.

 

Read their letters carefully and see how many times they use the word may

Bet some of their letters say -

 

"They may make a charging order on your house"

 

"They may make you bankrupt"

 

" They may do a house visit"

 

"they may ask for an Attachment for earnings"

 

etc. etc. etc........

 

A lot of it is designed to make you feel vulnerable and weak; but as you've probably read elsewhere on the forum it's a lot of empty threats and they have their work cut out to even get to those stages ..........which they won't.

 

Anyway, one step at a time; send off the CCA requests and post the responses on the forum and you'll get good advice on how to deal with them.

 

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Guest suziedarkness

Supasnooper, I am typing as we speak!!

 

Incidentally, do you or anyone else know what this means:

 

"Credit Agreement

Secured by a legal charge or standard security (Non Regulated)"?

 

Suzie

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Hi Suzie,

 

Just read some of your other threads of which I have very little knowledge.

 

If you are refering to these in getting payments returned, then please ignore my answer to point No.3 in my initial post as I don't know the definitive answer.

 

I'm sure someone will be able to assist you with that question.

 

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Guest suziedarkness

o i see, yes it was a second charge. I was thinking it wasnt regulated by the CC act 1974 as it doesnt show any reference to it on the cca.

 

Suzie

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What do the experts on here think of these Companies?

I have had a quick search and found some (they all look a bit dodgy to me), although I found one that states "even if you win it will cost you nothing"!

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Guest suziedarkness

I know, what you mean Yeats. I have been stitched up so many times I dont trust anyone, except the peps on here of course, they certainly know their stuff.

 

I have contacted loads of these companies and my gut instinct just tells me "dont go there!"

 

I am just going to try and do it myself, I just dont have any idea what im doing lol

 

Suzie

Edited by suziedarkness
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What do the experts on here think of these Companies?

I have had a quick search and found some (they all look a bit dodgy to me), although I found one that states "even if you win it will cost you nothing"!

 

 

They tend to charge £450 upfront and then a percentage of what you may get back, they do nothing you cant do yourself

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Any help from the people on here that know?

Are any of these Companies worth a punt?

I know that they will make money somewhere along the line, but are they a means to an end?

The problem I'm having Suzie is that as I have several disputes, I am finding this very time consuming. It would be so much easier to hand this over to a Professional, but like you, the last thing I need is to be lied to again!

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Guest suziedarkness

Yeats, I too struggle with time but it will be worth it to get back at these companies.

 

The way I see it is, these claim management companies mostly charge upfront fees which is a lot to start with. Most people on here like myself cant afford to find the initial payment. They are just money making machines like the companies that stitched us up. But people, also like me who havent a clue what to do, are desperate to seek some kind of justice and maybe feel that they have to find the money to persue them.

 

Me, I seem to have made a career out of making bad judgements, certainly cant afford to make any more, thats why Im here lol.

 

Suzie x

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Guest suziedarkness

Also, could someone please clarify to me the timescales for CCA Req and SAR request letters. Are the no of days all days or just working days?

 

Thanks

Suzie

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Guest suziedarkness

Could someone please tell me how I can upload my ccas on here? I dont have a clue. I have blotted out all personal info.

 

thanks

Suzie

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  • 2 months later...

Hi Soopasnoopa & Suziedarkness,

 

I've read this with interest as I'm going down the same road and I too need to educate myself from scratch- so to speak. I noticed in the example letter to apply for a CCA, the address that you have for the sample letter is addressed to:-

 

The Loan Company or Collection Agency

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Why is this ? Why would it not be addressed to the credit company or their agent- or am I being stupid here ?

 

SS

 

:confused:

Edited by spanglesooty
Added a "Hi"
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Hi spanglesooty,

 

The reason for the stupid address is that it is a "template letter " that can be modified by you to address various banks, debt collecting agencies and solicitors etc.

 

If you are following the same path as on this thread I would suggest that you start your own thread and then you will get advice that is structured to your personal situation.

 

Hope this helps.

 

supasnooper

 

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