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Advice On Unenforcable Agreements


Scrappy01
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I have an unenforcable agreement. The bank in question (IF) have admitted that it is unenforcable in a letter to me.

 

They are saying that the fact that the agreement is unenforacble is not a valid dispute and will continue to persue me.

 

This was their final response to me. The account has been with Blair Oliver and Scott and then Robinson Way and now iQor.

 

The other thing is there is approx £1700 of charges and incorrectly added interest on this account. They admit this but I refused to sign the document they sent me to get the money back in to the account due to me thinking that they could then use my signature in ways they shouldn't (call me paranoid). I stated that they had acted improperly with the account after it was passed to a debt collector, and they shouldn't need my signature.

 

The account has just been passed to iQor. I'm sending them the "I'm bemused" letter but seeing as IF have given their Final Response just before passing to iQor I can see this being a tough one to crack now.

 

This has been on going since Nov 07, in dispute since Jan 08.

 

I'd like any advice on how I can continue to battle this........ Also is an unenforcable agreement a clear dispute or not? Any links to other threads and or advice would be really great.

 

Thanks

Scrappy x

------------------------------------------------

HFC, PPI - With FOS

NatWest, Default Removal - In Progress

Intelligent Finance, Default Removal & Charges Claimback - In Progress

HSBC, Default Removal & Charges Claimback - In Progress

Abbey, Bank Charges - In Progress

------------------------------------------------

Lloyds, PPI **WON**

Halifax, Charges - Court Claim **WON** Donation Made To CAG

GE Money, Charges - Court Claim **WON**

GE Money, PPI **WON**

HFC, Charges **WON**

Halifax, PPI - Court Claim **WON**

Vodafone, Default Removal **WON**

------------------------------------------------

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The agreement not being enforceable means that they can't or should not win in court, but they can still pursue you for it. If they can't take you to court though, personally I'd just remind anyone who buys the debt that it is unenforceable. As they've admitted this I wouldn't be worrying. :) They will keep passing it around until they finally give up or the debt become statute barred (as long as you don't pay a penny or acknowledge the debt).

 

I have read that they can ask for a sig when it comes to an Subject Access Request, but not 100%. A digital signature would suffice (there is a reason for using this, though I'm not sure as to why)

 

MyLiveSignature - Creating a signature using the signature creation wizard

 

I suspect it maybe harder to 'lift', and you are not being paranoid, they are impossible to trust.

 

As I see it, if it's not enforceable there is no debt, but again, they still can chase you. If it was me I'd stick to that and not worry about the charges as they aren't a problem anymore, but that's me.

 

I've been trying to learn about this stuff, so I'm happy to be corrected.

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Hi Thailand

 

This is what I keep doing, telling the DCA's its unenforcable. I actually missed one in my previous post, Wescot also tried to collect after Robinson Way. Totally forgot about them as I only had one letter from them!!!

 

Just getting a little fed up with it all as you do!

 

The signature thing was one of those forms that states "I'm happy to accept this in full and final settlement of my complaint" etc etc.

 

When going through my the file I also found a letter this morning for them offering me another £900 odd back in interest, again asking for a signature.

 

I guess if they try it on with court I aslo have the fact they offered this money back and admitted wrong doing etc on the charges and interest front and that it took them many many months beyond the CCA request to send the docs to me.

 

I thought about complaining to TS, FOS and OFT. But on reading on here with the responses some have had it doesn't seem worth it.

 

I suppose eventually they will run out of DCA's (I can only hope) to pass it to. Statute barring on these won't be until 2013, a very long time away!!!

 

Any other experiances or advice greatfully recieved.

 

Thanks

 

Scrappy x

Edited by Scrappy01
Arrrgghhhh I pressed the Submit button too soon....!

------------------------------------------------

HFC, PPI - With FOS

NatWest, Default Removal - In Progress

Intelligent Finance, Default Removal & Charges Claimback - In Progress

HSBC, Default Removal & Charges Claimback - In Progress

Abbey, Bank Charges - In Progress

------------------------------------------------

Lloyds, PPI **WON**

Halifax, Charges - Court Claim **WON** Donation Made To CAG

GE Money, Charges - Court Claim **WON**

GE Money, PPI **WON**

HFC, Charges **WON**

Halifax, PPI - Court Claim **WON**

Vodafone, Default Removal **WON**

------------------------------------------------

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