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Newbee Help with debt write off pls


rosina77
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the loan agreement has all the prescribed terms and IMO would be enforcable

 

ida x

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rosina.

 

i have just looked at the agreement and it looks valid.

 

Are the t&cs directly related to the agreement? what i mean is doe they come on a seperate page or on the back of the agreement? Is there any way you can agrue they might not be the original ones. EG a fold line thats in the T7cs but not the agreement.

 

Despite you not requesting the PPI have they been charging you it?

 

The reason i say this is if u want to stall for time in paying this back you could argue these just to give yourself time or breathing space over what to do.

 

I know we dont advocate debt avoidance butwe do advvocate having breathing and decission space.

 

the letter sounds like a fob of to me.

 

You could do what IDF has said and SAR them or you could write back asking for a copy of the agreement you signed and T&Cs relating to the agreement of the time.

 

I would give them 3 attempts in total to do this then maybe server them with a 31.16 of the CPR

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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i have a feeling is it front and back, I had one at the same time and been trying to find it but it rings a bell it is the one page

 

ida x

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  • 1 month later...
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

 

Hi Elsa,

 

Thnk you for your reply,

I have done what you have suggested and sent a SAR as suggested and paid the £10 and all they have sent is Statements:confused:

 

Not really sure what to do now, I think they are trying to fob me off

 

Kind regards

Jenny:)

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rosina.

 

i have just looked at the agreement and it looks valid.

 

Are the t&cs directly related to the agreement? what i mean is doe they come on a seperate page or on the back of the agreement? Is there any way you can agrue they might not be the original ones. EG a fold line thats in the T7cs but not the agreement.

 

Despite you not requesting the PPI have they been charging you it?

 

The reason i say this is if u want to stall for time in paying this back you could argue these just to give yourself time or breathing space over what to do.

 

I know we dont advocate debt avoidance butwe do advvocate having breathing and decission space.

 

the letter sounds like a fob of to me.

 

You could do what IDF has said and SAR them or you could write back asking for a copy of the agreement you signed and T&Cs relating to the agreement of the time.

 

I would give them 3 attempts in total to do this then maybe server them with a 31.16 of the CPR

 

Thank you Godmother,

 

I sent the SAR and they have replied by sending copies of statements hummmmmmmmmm, I wonder if this is because they do not have a signed agreement, but they should have a record of the account being closed and the card being issued without being requested.

 

Not really sure what to do now?

 

Kind Regards:)

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