Im in a mess advise please

[tendogs]

Morning WAM I'm here today so will get back to you later.

 

John

[tendogs]

Morning Tendogs,

Ok I really need your help, I cannot get the CCA on here but have been doing my research with all the information you have given me (thanks) and this is what i have come up with, please let me know if you think my CCA is Unenforcable:

 

The terms and conditions are on the back page of the agreement the terms consist of:

Schedule of default & costs

Data protection act notice

Customer data

Is this what you mean by proscribed terms?

 

Also I have notice there is nothing on the agreement that tells me I have a right to cancel, does this make it unenforcable?

 

Last but not least:

Im confused with the amount of APR, my borrowing was £7500, they have charged me £1866 for the the loan, and the total to pay back is £9366, at a rate of 6.4% - Does this sound right to you.

 

This is my last shot at this, to find out once and for all if this one is unenforcable.

Thanks again for all you help

 

 

WAM I've sent you a PM

[tendogs]

I’ve posted the agreement for whatamess here if anyone wants to take a look and offer an opinion I would be grateful. I cannot see any mention of a right to cancel and I understand that the omission might make the agreement unenforceable.

whatamess.pdf

[tendogs]

Hi WAM, I've had a look and the only thing that might make it unenforceable is the lack of information regarding your right to cancel. They do have a section about your rights but I'm not sure that a right to cancel is one of them and so I'm off to do a little research. I have also PMed steve and asked him to have a look. Be back later.

[whatamess]

I did wonder if that was one of the things that should have been on there, thanks again tendogs and will speak to you when you know more.

 

Keeping my fingers and Toes crossed with this one.

[steven4064]

I had a look at the agreement and it seems completely OK - that is, it is enforceable.

[tendogs]

I had a look at the agreement and it seems completely OK - that is, it is enforceable.

 

Thanks for looking in, I had a feeling that it was well put together.

[tendogs]

WAM I'd trust steven on this, it looks enforceable. Make them a reasonable and afordable offer of repayment and see what they comeback with.

[whatamess]

Hi Tendogs, Yes no problem i do trust him on this. My only option now is to make them an offer and hope they accept it. Thanks for all your help with this.

[tendogs]

You are more than welcome, I'm sorry that the outcome was not as you might have wished. Remeber to be reasonable and realistic with your offer, make it and then let them do the work, As I've said before even if they do sell it on and a DCA takes you to court, no Judge will make you pay more than you can afford. Do not give up on the other debts, if you need any agreements checked we can do the same as we did with this one. Let us know how things turn out.

 

John

[tendogs]

Maybe you might give stevens scales a click

[whatamess]

I know your right, I have had one debt written off so far because of an unenforcable agreement so i have to be greatful for that.

 

I do have another question for you, HFC (the dreaded) they have said they are going to be sending someone round to my house if i dont keep up repayments, and to stop that i need to make a payment, I have sent them a CCA with no reply but they say that even with an account dispute they can still send someone round is that right?

[whatamess]

Thanks for looking at this for me steven, just needed to know once and for all and accept that it is enforcable... some of them are just too good ;0)

[tendogs]

No they can't, there's a template letter on the forum somewhere but you just need to send them a note saying that you revoke any implied licence to call at your property and that if anyone does come to your property you will call the police and prosecute them for trespass.

[whatamess]

I knew i could rely on you to make me feel better :grin:

[steven4064]

If they have defaulted in a request under s77(1) (loans) or 78(1) (credit cards) of the CCA 1974 then the CCA is quite specific - they are "not entitled, while the default continues, to enforce the agreement" (s77(4) and s78(6)). End of.

[whatamess]

Thanks for you reply Steven, I think some of these companies are having problems with understanding this

[whatamess]

Hi

I have offered one of my creditors a reduced payment (after CCA being enforcable I think) the payment is just under half of what my full monthly payment is and relistically its what i can afford, they have sent me a letter back to say they cannot accept this and wont freeze interest or stop charges unless i go onto a payment plan with CCCS, Problem is i already contacted payplan back in Jan and they couldnt take me on as i didnt have enough surplus money. Any advice as to what to do now?

 

Thanks

[IdaInFife]

are you still making the reduced payments you proposed? did you put it in writing?

 

 

ida x

[loobyloo85]

I am with Payplan DMP and you only need a minimum of £50 to enter into a debt management plan with them, therefore you should be able to get onto a plan with them x

[whatamess]

Hello

 

Thanks for your replies.

 

Ida - I am still making payments i started last month and will be sending another one next week as promised. I have everything in writting the letter i sent them with my offer and the letter I sent back, they have stopped the PPI and im wondering if i can claim back what i have already paid, any ideas?

 

loobyloo85 - After Payplan going through all my out goings and incomings and looking at what i owed all my creditors it worked out that i would need £220 surplus to go onto their plan, they said i could do it myself by offering relistic payments so this is what i have done but dont seem to be getting anywhere with them.

 

Thanks x

[IdaInFife]

good, just keep making the payments and on time with your schedule, looks better for you

 

to reclaim ppi:

 

Payment Protection Insurance (PPI) - The Consumer Forums

 

hae a read around there and it will give you the info you need

 

 

ida x

[whatamess]

Hi

 

One of my creditors wrote to me 2 months ago to let me know they didnt have a CCA for me, and i knew they wouldnt as this debt has been going on for years and company has changed over since.

 

Then they wrote to me again to say they are dealing with my complaint and please give them another 30 days

 

I wrote to them last month to say that the account is in legal dispute and i would not pay another penny until i recieved my cca, this morning i get a letter to say they cant respond with out my signature as authority. Obviously they are going to try and use my signature to try and fake a cca, why else would they need it now, why didnt they say in the first place they wanted it.

 

Any advice, obviously im not giving it to them i have come this far and wont be made a fool off by them, the debt is such a little amounth and they are being the worst out the lot. What should i do now?

 

Thanks

[silverfox1961]

Simple answer. Give it to them!

 

You could get a picture, print it on the letter and sign on top of that OR sign your signature as you usually do but put a flourish on it to make it positively identifiable, photocopy your signature so that if the creditor happened to lift it, you would have proof of their tactics.

 

 

fox

[whatamess]

Hi Fox

 

What do you mean by get a picture, do you mean any old picture? What i dont understand is how ever i do my signature, if they really wanted to they can still copy it cant they?

 

Thanks