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Explain Unfair Loan Agreemtns Pls


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Hello

 

I've successfully used this site previously for claiming back from my bank and credit card company for fees charges because of being overdrawn or bouncing cheques etc.

 

Today I was told from a claim tout about claiming back for loans/credit agreements befcause of Unfair Credit card Agreements.

 

So if I've taken out loan/credit agreemtn prior to 2007 and if the credit agreement didn't contain the all accurate information then it isn't enforceable!!!

 

Now - I'm now one for turning my nose up at something that I could be entitled to claim for - however it does seem a little unreal that because my signature isn't inside a box or my middle name isn't on the agreement THATS the grounds for the credit agreement not being enforceable!

 

Have I got this right or have I been told a load of rubbish.

 

Lvoe this site as always. xx

NatWest

Data Protection Act Letter - 06/08/2006

Statements rec'd 14/9/2006

Preliminary Letter sent - 27/9/06

LBA - 18/10/06

Claim with Court - 31/10/2006

Got until 14/11/06 to acknowledge.

7/11/06 Received ltr offering full settlement minus

interest + court costs

12/11/06 - Rejection sent

17/11/6006 - Natwest Acknowledged

4/12/06 - Rec'd Natwest Def (Cobbetts)

5/1206 - Rec'd partial offer (Cobbetts)

THE WOOLWICH

Data Protection Act Letter - 06/08/2006

List of charges rec'd - 04/9/2006

Prelimary Letter sent - 06/09/2006

Response - 'fully investigating' - 11/09/2006

Claim with Court - 20/10/06

Acknowledged - 20/10/2006

Defence by 17/11/2006

AQ to be returned - 11/12/2006

Court Date - 14/02/2007

**SETTLED IN FULL**

CAPITAL ONE

**SETTLED IN FULL** 3/11/06

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Hi,

 

Yes, you've got it right.

 

A debt becomes unenforceable under the CCA if a creditor does not supply a true copy of the signed credit agreement within 12 working days of it being requested.

 

The debt remains unenforceable for as long as the creditor fails to produce the signed credit agreement – this means if they produce the agreement some months down the line, they are quite within their rights to enforce it. They do not need to take any further action to enforce the debt. A debtor cannot take any action against the creditor for failing to produce the signed credit agreement within the prescribed time, because that is up to the agencies that the offence has been reported to. Any sanctions that may be imposed are at the discretion of these agencies, and it is not a matter that the debtor can take to the civil court.

 

Issuing a court claim for non-compliance of a CCA request in all probability achieves nothing to benefit to the debtor, as a court claim is likely to spur a detailed search which could well end up with them producing a perfectly acceptable original signed agreement in court – which would result in the debtor losing the case, and being made liable for the creditor’s costs.

 

 

Letter 'N' in the library is the CCA Request.........

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Send this recorded with a £1 Postal Order, and don't sign the letter.

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

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