Cca's - Unenforceable Debt - Success Stories?

[pinny24x7]

Hi

 

I have decided to take the plunge and start facing upto my debts, I owe various credit card companies almost 15k in debt and now being chased by DCA's.

 

Would it be possible for people who have successfully had their debt written off due to a no agreement to sign into this tread in order for other forum members to view their threads to see what actions were take?

 

I shall be printing off CCA request letters today and will start a new thread for each credit card company.

 

Hope this does not sound like a stupid request

 

Thanks in advance

Pinny

[42man]

you might find some here Pinny..

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/

[pinny24x7]

Thanks much appriciated....

[pinny24x7]

Just after some advice on this, most if not all my credit card applications were done online, is there any point in sending off for CCA requests as surley the banks will have electronic copies, and if not they could just provide any agreements as my signature will not be present on any of them?

 

Apologies if this sounds like a stupid question....

[BelstarBomb]

Hi Pinny,

 

Even if they are done online they still have to send you a hard copy to sign which should contain al the prescribed elements as well as their signature.

 

So in answer to your question, yes it is worth going through the process.

 

BB

[pinny24x7]

Thanks BB, thought it was a stupid question hence the reason there were no replies so much appriciated!

 

Just a little confused about this as I thought if I ticked the signature box then that would be accepted as my signature?

 

I need to send off the cca's anyway to see what comes back..

[maroondevo52]

Hi,

 

A wee bit info regarding online accounts..........

 

As The Consumer Credit Act 1974 (Electronic Communications) Order 2004 came into force in December 2004 any online agreements entered into prior to this date still need a signed executed credit agreement.

Electronic signatures weren't considered valid until this date.

 

 

Regards.

 

Scott.

[pinny24x7]

Hi is there is a thread to show Unenforceable agreement successes and or a thread to show example agreements which are unenforceable. I think such threads would help others to decide to a certain extent if their agreement was enforceable or not.

 

Maybe a thread for example entitled

 

'Example Cap1 unenforceable agreements' , 'Example Egg unenforceable agreements' etc etc.

 

What do you reckon peeps/mods?

[mcb1975]

Hi is there is a thread to show Unenforceable agreement successes and or a thread to show example agreements which are unenforceable. I think such threads would help others to decide to a certain extent if their agreement was enforceable or not.

 

Maybe a thread for example entitled

 

'Example Cap1 unenforceable agreements' , 'Example Egg unenforceable agreements' etc etc.

 

What do you reckon peeps/mods?

 

I was actually going to ask exactly the same thing. I have read a lot on the process (e.g. here http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use-4.html) and a lot on the fact that companies offering to act on your behalf shouldn't be used as one can do it oneself. But I am struggling to find example of success stories, as per the OP. I accept they may be buried in the forum somewhere, but as a central respository, with perhaps links to success (and indeed failure) cases I think it would prove invaluable.

[BelstarBomb]

Hi,

 

I think the reason why you may not have heard anything is that it is still fairly new.

 

Look how long it took for unfair bank charges to filter through.

 

I have been working on mine now since July 2008. I probably could have got a lot further a lot sooner but hav ebeen distracted by a number of other issues.

 

I am now totally focused and have some N1 claims going into the courts to get the banks to admit that they don't have a properly executed CCA.

 

However, I totally agree that there should be a separate section so that people can share their successes and the steps that they took and also their failures - so that they rest of us can learn from them.

 

BB

[larneylarnes]

That would be really helpful. I have been to court twice now to get HSBC to comply with a SAR request originally sent in June 2007. They claim that even if they don't have the agreements (two loans) they can prove I paid the money and continue to register the defaults. I can't find anything to prove otherwise, just had a feeling that no agreements = not able to recover money or have the right to register a default????

[BelstarBomb]

Hi LarneyLarnes,

 

If you have been to court twice before to get HSBC to supply the documents, as per the DPA it is your right to see them and I am surprised that a judge would not find in your favour and order HSBC to do so.

 

Have you also complained to the ICO?

 

BB

[larneylarnes]

Hi BB, thanks for your reply. I haven't yet complained to the ICO and that will be my next move. HSBC now have 21 days to comply with this court order and the order states that if they don't come up with them then it will be assumed that they don't/didn't exist. I am hoping then that I can apply to have the defaults removed on the basis of no agreements = no enforceable debt, but I have already sent a S.10 notice some time ago and it was completely ignored.

[BelstarBomb]

Hi LL,

 

I would complain to the ICO anyway. They have a huge backlog and you can always amend/add this to your complaint.

 

What are you intending to do once the 21 days are up? Are you intending making a claim for the money you have paid?

 

BB

[larneylarnes]

Hi BB, I guess either send another S.10 with the judgement as ammo or issue a claim in court. I have been given some great advice pointing me to some relevant case law, but I can't find anything that directly relates to agreements being unenforceable, therefore defaults removed by court. I don't expect the money back, just want the defaults removed. I know I didn't sign an agreement on one of them because it was done in my local branch and was part of a consolidation exercise.

 

Thanks

[BelstarBomb]

Hi LL,

 

There was someone on here that had got quite a few defaults removed but I cannot remember the circumstances or whom.

 

I'm sure if you PM one of the site team they should know or do a search on the forum.

 

BB

[car2403]

I did!

 

http://www.consumeractiongroup.co.uk/forum/search.php?do=finduser&u=153951&starteronly=1

[BelstarBomb]

You're a star!

 

This link will prove invaluable for some other cases I'm dealing with too!

 

I'm sure this will help LL as well

 

Thanks Car2403,

 

BB

[larneylarnes]

Hello

 

Thank you so much Car and BB, that's my Easter w.e reading sorted LOL! But seriously, this has made my day, just what I was looking for, very very much appreciated.

[mcb1975]

Has anyone else had any success with unenforceable agreements? Is it true a case went to court and was thrown out, meaning subsequent client claims are invalid?

 

Apologies, am very busy and don't have time at present to read through every thread/post.

 

I am tempted to pay a company to investigate. My friend has done it off his own back, and 12 months later and after a lot of grief he is no nearer sorting it out.

[mcb1975]

Anyone?

 

Is there a template letter to send too? Am really struggling to find one.

 

Thanks