Newbee Help with debt write off pls

[rosina77]

Hi everyone,

 

What a very helpful website.

I have read a number of things about unenforcable debts taken out before April 07.

 

I am trying to help a friend who has taken out a loan, flexi loan and credit card all before April 07 he has paid loads but due to the amount of interest never seems to pay any of the balance. The banks dont help as they are not willing to offer a more competative rate.

 

I dont really know a great deal about this so have started by sending the letters to the banks today to request the Credit agreement.

 

Once I receive their response is there a check list that I can check it against to see if it is enforcable?

 

Does anyone know if you can challenge a flexi loan?

 

Any help and guidance would be wonderful:?:?

 

 

 

 

 

 

 

 

[The GodMother]

first i will have the post moved to appropriate area then i will find the cca guide for u.

[maroondevo52]

Thread moved.

[The GodMother]

this sticky may help u http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

 

u could always post up here using photobucket anything u may get back as we can help from there.

[rosina77]

Thank you very much for your replys and putting my post in the correct area.

As soon as I get the CCA I will post them.

[The GodMother]

Your Welcome

[rosina77]

Still not heard any thing from the bank

Anyone know how long i should wait and what to do if they do not rerply to my request ?

[Rooster-UK]

Before posting any documents on the forum, remove all personal details from the documents, so that you cannot be identified.

 

Regards, Rooster.

[IdaInFife]

they have 12 + 2 days to reply if nothing is forthcoming you can nudge them using:

 

Account In Dispute

Ref:

Dear Sir/Madam

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

This limit has expired

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully,

 

 

Ida x

[The GodMother]

the 12 days are working days which are monday to friday

[harrassed senior]

Thanks for that info, I had asked that question elsewhere so it is good to know.

[The GodMother]

YW

[rosina77]

Thank you for the very quick and helpful replys.

I will proceed with the letter and hope they reply.

I have now purchased a scanner and am ready to load the info on, when I finally get it from the banks.

Many thanks

Jenny

[maroondevo52]

Good stuff, Jenny.

 

Regards.

 

Scott.

[rosina77]

Please help after 5 months I am ready

 

I have received a reply from both HSBC and direct line, not sure what to do next the situation is as follows, hope this makes sense and is not to round the houses:

HSBC the credit card was cancelled then a few months after they sent a new credit card which was used. So technically there is no agreement. They have sent in response to the request and it is: an up to date copy of the terms and conditions, a copy of the latest variation notice issued, a BLANK copy of the agreement form. The letter states "the blank agreement form contains the original terms and conditions that you accepted when you entered onto the agreement. Clause ..... gives the bank the right to vary the terms and conditions. The variations notice shows that the terms have been varied and therefore in accordance with legislation the up to date terms and conditions are the appropriate information to produce.

All seems a bit odd as there is no agreement in place the card was cancelled.:confused:

 

DIRECT LINE: have sent back a loan agreement form, application details, loan terms and conditions and statement of account.

 

I am not really sure what information I need to up load on to this site to get help please can some one advise me what I need to upload and if possible a little guidence on how to upload to the site?

 

Many thanks

Jenny:)

[harrassed senior]

Hi,

 

Firstly, make sure you blank out all personal data, then use photobucket to upload the scanned documents. I would suggest that you upload firstly the Agreement/application form, and anything which shows your signature (but blank it out).

[Undercover-Elsa]

Hi Rosina,

If you open a free Photobucket account (or similar) you can scan your agreement, upload it to Photbucket, edit out personal details and bar codes online, then post a link or embed it on here. If you get stuck, just shout

Elsa x

[Undercover-Elsa]

Snap

[rosina77]

I have managed to upload the agreement to photobucket but cant work out how to get it on this site, I am not the greatest with computers:confused:

[rosina77]

[rosina77]

Direct Line Agreement form picture by rosina77 - Photobucket

 

Direct line Terms and conditions picture by rosina77 - Photobucket

 

I think I have managed it can you let me know if this works, please

[rosina77]

I am so stupid, I have just realised I can check it myself and yes it does work.

[rosina77]

HSBC letter picture by rosina77 - Photobucket

 

Not really sure if I need to upload any of the bits they sent me.

[rosina77]

Hello All,

 

Just read on somebody elses thead that the credit card and loan should be on different threads.

 

Do anyone know if I am best to start two new threads?

 

Many thanks

Rosina77

[Undercover-Elsa]

Hi Rosina

Sorry I've been offline for a while..my PC crashed big time!!

Well done for sorting out the pics. It probably would be better to do a seperate thread for one of them.

Just had a quick look..I don't feel qualified to comment on the first one (Direct Line) as I've no experience of agreements with payment protection. Hopefully someone with more knowledge (they couldn't have less..LOL) will comment.

The second one (HSBC) is a classic fob off letter, they probably can't find the agreement, or know its unenforceable, so go all around the bushes avoiding the requirement to send it.

One way round that is to send them a Subject Access Request which costs £10 but should produce all data including a copy of the ORIGINAL signed agreement if it exists.

Elsa x