Im in a mess advise please

[whatamess]

Would love to post the letter how do i do it? I have a scanner in work but how would i get it onto this site?

 

I have now sent my CCA's just need to know when is day one of 12+2 and also do i still keep paying my token payments while i am waiting to hear back?

[loobyloo85]

Hi, bankruptcy is not your only option.

 

If you own any assets, such as a vehicle etc, these will be sold to pay back the debts you owe in bankruptcy. If you own a property, this will be sold too, which as above, you need for your family. Bankruptcy is an option for all, but has many disadvantages. Although your debts are written off after 12 months, the official receiver in bankruptcy can ask you to pay into an income payment order for a further 3 years before discharged, and it is on your credit rating for 6 years. However, it is issued in your local newspaper and held on the government register, and can affect your chances of getting future credit, tenancies, mortgages and can affect your career.

 

For a DMP, you would need at least £75-£100 surplus. I have been paying into Payplans DMP for the past year now. You could pay into this arrangement each month until your debt is cleared. The only downside to the DMP is that the creditors can still charge interest as it is not legally binding.

 

Based on you having in the region of £21,000 debt, an IVA could be an option for you, especially if you have at least £100 surplus. Upon approval of the IVA, you would make monthly payments for 5 years, and your debts would be written off at the end of this. It is held on your credit rating for 6 years, but does not carry half the stigma as bankruptcy does.

 

I wish you all the best. Payplan have free of charge DMPs and IVAs, and CCCS also provide free DMPs.

 

Thanks

[tendogs]

Open an account with Image hosting, free photo sharing & video sharing at Photobucket scan the document in to it and load it to the forum from there. Have a go, if it's a problem we can talk you through it. Keep paying, it puts you in a good light and the deadline will be 26 March (I've used a working week, it always looks good if you have been as reasonable as you can)

Edited March 5, 2009 by tendogs
too many words !!!

[IdaInFife]

you need to send of cca to each of them at least this will give you some space.

 

All should be covered by the cca, what dates do they originate from?

 

ida x

[whatamess]

Hi Yes i do have the documentation for the PPI. Ok my scanner in work is a scanner to email, which isnt going to do what i want it to, what about if i take a photo of the letter and then post it? Got to go to work in a minute will have to do this when i get home i can then show you the letter and the PPI doc, by the way i reread the letter it doesnt say its against the law sorry i read it wrong, it says that to record phone calls i have to let them know first or it will not stand in a court of law.

[tendogs]

The "will not stand up in court" is also not correct but never mind. Don't get too anxious about posting the documents, you can try taking a picture and we'll see what happens, but we'll get it sorted. Have a good day.

[whatamess]

Hi

I have an update, on my CCA's that i sent, I have had one back today from Littlewoods and they have said that "unfortunately we are unable to locate a copy of an excuted agreement, but for your information we enclose a copy of the current agreement which applied to this type of account, this version includes all contractual variations which have taken place"

The agreement that they have sent is a blank agreement just as they state, does not even have my name or address on it and is just a general agreement, does this mean it is unenforcable? if so what is my next letter to send?

 

Thanks

[whatamess]

Bump

[tendogs]

No agreement = not enforcable, I'll try and find you a letter to send them and get back to you later.

[tendogs]

By the way, they might come across a copy the agreement later and, if they do, they can enforce it.

[whatamess]

Hi tendogs, thanks for replying, and a letter to send would be great.

 

Re them finding an agreement at a later date is fine, im hoping by then my situation gets better and if it does happen i will be able to start paying again.

 

Thanks again

[whatamess]

Right, the loan with the PPI, do you have any documentation regarding the insurance?

 

Oh and tendogs is there anything i can do with this as i do have the documentation regarding the insurence?

[whatamess]

Hi Tendogs did you manage to find that letter for me?

 

Thanks

[tendogs]

Hi WAM, not yet, will get on to it this pm, speak to you soon

[whatamess]

Hi WAM, not yet, will get on to it this pm, speak to you soon

Wonderful thanks

[tendogs]

Hi WAM

 

Sorry I'm so late but it has been ONE of those days !!! Have a look at this:-

 

Address

 

Date

 

Dear sir/madam

 

Thank you for your response to my request under the Consumer Credit Act section 78.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any (prescribed terms / signature) means that a court would be prevented from enforcing it under s127 (3).

 

Unless you can produce a copy of an executable agreement within 21 days I will consider that the above account is now closed and that you will not pursue the alleged debt.

 

 

Yours faithfully

[tendogs]

OK now we need to look at the PPI, I'll speak to you about it over the weekend but you might want to have a look on this forum. Payment Protection Insurance (PPI) - The Consumer Forums Speak to you soon

[whatamess]

Hi Tendogs, thanks for the letter i will send this off on Monday so fingers crossed.

 

Will speak soon about PPI and will have look at the link

 

Thanks again

[whatamess]

Hi Tendogs

 

Tomorrow is the deadline date for my other 3 CCA's i sent out, and have not recieved one from them, a good thing or a bad thing im not sure I think the fact that the accounts are now in dispute is a good thing as they cant ask me to pay at the moment right?

 

What is the next step if i dont recieve my CCA's by tomorrow, is there another letter I should send to them asking why they have not sent it?

 

Thanks again

[tendogs]

Hi Tendogs

 

Tomorrow is the deadline date for my other 3 CCA's i sent out, and have not recieved one from them, a good thing or a bad thing im not sure I think the fact that the accounts are now in dispute is a good thing as they cant ask me to pay at the moment right?

 

What is the next step if i dont recieve my CCA's by tomorrow, is there another letter I should send to them asking why they have not sent it?

 

Thanks again

 

Morning WAM, try this one: -

 

I refer to my letter dated xxxx which was delivered via Recorded Delivery to your offices on xxxx the documents I requested should be readily available as proof of your legal right to collect this account.

 

In my letter of the xxxx I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account along with any other documents mentioned in the credit agreement.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. As you are no doubt aware, Section 78(6) states:

 

If the creditor under an agreement fails to comply with subsection (1) -

 

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

 

(b) If the default continues for one month he commits an offence.

 

Therefore as on xxxx this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed and not merely amended.

 

All payments made to date to for this account should be refunded in full, including interest at the rate of 8% per annum.

 

I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

 

After confirmation of the removal of all defaults, a refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force your company to comply with the removal of defaults entered, refund of all monies paid and compensation for damage and distress.

 

I look forward to your reply within 14 days to resolve the matter amicably.

[whatamess]

Thanks so much tendogs, nothing like being 1 step ahead, so do you think i sould send this letter out on 27th or leave it a few more days?

[tendogs]

Give it a week, it's always good to seem reasonable

[whatamess]

Hi Tendogs, got my CCA back from another creditor, Im not able scan a copy, but it is a photo copy of the agreement, is signed my myself and husband dated 15/6/05 and under that they have signed it and the date is 14/6/05 are they supposed to sign it before me? also the date is printed not written does this seem suspicious to you?

 

Not sure what makes an agreement unenforcable?

 

thanks

[tendogs]

Hi Tendogs, got my CCA back from another creditor, Im not able scan a copy, but it is a photo copy of the agreement, is signed my myself and husband dated 15/6/05 and under that they have signed it and the date is 14/6/05 are they supposed to sign it before me? also the date is printed not written does this seem suspicious to you?

 

Not sure what makes an agreement unenforcable?

 

thanks

 

Here you go chuck, have a look at this: -

 

IS MY AGREEMENT ENFORCEABLE( Via section 127(3) CCA1974)

PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE

CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations

(If you just want to find out, skip the bits in between the stars it’s just some extra information)

 

**What do we mean by unenforceable?

In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information.

Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable.

 

How does unenforceable differ from enforceable with a court order only?

When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable.

When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.**

 

The Pescribed Terms are these

 

A Amount of credit

A term stating the amount of credit

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

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

 

Which of these applies to you depends on the type of agreement you have?

 

For a Running Account (credit card) agreement

 

BC and D Apply

 

 

For a Restricted Use Debtor Creditor Supplier

• Where the dealer is the supplier and the creditor is the one providing the finance.
  
• The money can only be used for the purpose it is given.
  
• There is no interest on the purchase (the cash price is the same as the total price)
  
• And there is no advance payment
  

A is applicable

 

For a fixed Sum Credit Agreement

A conventional credit agreement with none of the above restrictions

 

A and B apply

 

For a Hire Agreement

 

B is Applicable

 

This paper only covers section 127(3) of the Act agreements can also be unenforceable by contravention of sections 1 and4 this will be the subject of the next paper.

Please note that these Prescribed terms where not changed in any way by the 2004/1482 Ammendments although the form in which they appear on the agreement was. Subsection127(3) was repealed on the 6th of April 2007 so that unenforceability due to 127(3) will only apply to agreemens executed before that date.

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17.03.09

[whatamess]

Hi tendogs, looks like my agreement has all of the above, although it does not state the acual date the payments should be made, its says that the payments will start 2 months after the date of the of the agreement, apart from that i have nothing to go on.

 

What is the next step with this debt as they still telling me i need to pay the arrers and the £1 token payment is not acceptable. Where do i go from here?

 

Thanks