Unenforceability Cases on hold until further notice

[car2403]

£495 for each agreement +++!

 

Madness...

 

AC

 

Yup...

 

Here we go again... hold on to your seats...

 

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/198695-validity-claims-management-companies.html

[JonCris]

If it's the same CMC haven't they just gone bust:eek:

[Hopster]

Which one has gone bust ? Please.

[Baggio]

Which one has gone bust ? Please.

 

495 is patheitc

 

sounds like craptel to me

[henderson50]

the CMC is Barrington Whyte trading as Credit Compensation.

 

I have realised the error of my ways and had given my info to them some time ago before finding this site. They have written to five companies requesting copies of the CCA, none have responded so they tell me this is enough to make the agreements Unenforceable-a big decision because if this is the case I can come out of my IVA which was the only way to handle my situation.

 

I don't want to pay a CMC for something I can do myself. My question is

 

1. Is no response to a CCA request with appropriate reminders sufficient to assume unenforceability.

2. If not, what should I do myself, to establish unenforceability.

 

Thanks for your interest

 

Henderson50

[citizenB]

the CMC is Barrington Whyte trading as Credit Compensation.

 

I have realised the error of my ways and had given my info to them some time ago before finding this site. They have written to five companies requesting copies of the CCA, none have responded so they tell me this is enough to make the agreements Unenforceable-a big decision because if this is the case I can come out of my IVA which was the only way to handle my situation.

 

Not so, just because they didnt have the document at that time, doesnt mean to say they wont find it in a couple of months.

 

I don't want to pay a CMC for something I can do myself. My question is

 

1. Is no response to a CCA request with appropriate reminders sufficient to assume unenforceability.

2. If not, what should I do myself, to establish unenforceability.

 

Thanks for your interest

 

Henderson50

 

You can send off the CCA request, subject access request, then using the information from the links below there are other routes you can go to see if they have a copy.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish.html

 

HTH

[Stubie]

the CMC is Barrington Whyte trading as Credit Compensation.

 

I have realised the error of my ways and had given my info to them some time ago before finding this site. They have written to five companies requesting copies of the CCA, none have responded so they tell me this is enough to make the agreements Unenforceable-a big decision because if this is the case I can come out of my IVA which was the only way to handle my situation.

 

I don't want to pay a CMC for something I can do myself. My question is

 

1. Is no response to a CCA request with appropriate reminders sufficient to assume unenforceability.

2. If not, what should I do myself, to establish unenforceability.

 

Thanks for your interest

 

Henderson50

 

Personally, I would say it is;

 

But, I find it surprising that your CMC has received no replies from anyone. Most companies reply, even if the response is not providing you with the information you require. Did your CMC provide copies of correspondence?

 

If they haven't, then I suggest you repeat the exercise - it wil cost you around a tenner to repeat but you need to ensure that your request is more than 28 days after the previous request or they will just say they are not required to comply - which would be true.

 

I have tackled 6 CCCs and only one has not responded with anything, the others have sent variations on a theme but consistent with the responses receive by other Caggers.

 

I would urge you not to be too reckless about such a claim unless you were on pretty solid ground. It may come back to haunt you further down the line.

 

My opinion

[star_scream]

Doesn't Barrington Whyte also charge 30% back end fee? I think Chek Whyte has got enough with £450million without charging such large back end fees.

[diddydicky]

seems expensive to me- especially since the advice you have paid for is totally icnorrect

 

not responding to the CCA requests DOES NOT mean that the agreement is unenforceable

 

what is DOES mean is that they are in default and that all the time that they are in default the cannot do certain things (basically add interest and charges pass it to others etc)

 

HOWEVER at ANY time (up to 6 years of course when in would become statue barred) they can simply respond to the cca request 9and still alas without the original signed agrreement but just a reconstruction of it and the game is on again

 

ditch the cmc they are obviously crap and do it yourself

[Mightyacorn]

seems expensive to me- especially since the advice you have paid for is totally icnorrect

 

not responding to the CCA requests DOES NOT mean that the agreement is unenforceable

 

what is DOES mean is that they are in default and that all the time that they are in default the cannot do certain things (basically add interest and charges pass it to others etc)

 

HOWEVER at ANY time (up to 6 years of course when in would become statue barred) they can simply respond to the cca request 9and still alas without the original signed agrreement but just a reconstruction of it and the game is on again

 

ditch the cmc they are obviously crap and do it yourself

 

 

I was once given a 'mild' telling off by a County Court Judge as an aside after a CCJ hearing in which I told the Judge I was paying £75 a month to a CMC. He said I was daft paying them the £75 when I could have made the agreements myself and either been £75 better off in my pocket or have another £75 I could have been paying off my debts. He also told me that no one can make you pay more than you can afford, and that if you haven't got it you can't pay it.

 

(I just wish every Judge was that sympathetic)

 

 

 

 

 

 

 

 

 

Edited May 29, 2009 by Mightyacorn

[Baggio]

I was once given a 'mild' telling off by a County Court Judge as an aside after a CCJ hearing in which I told the Judge I was paying £75 a month to a CMC. He said I was daft paying them the £75 when I could have made the agreements myself and either been £75 better off in my pocket or have another £75 I could have been paying off my debts. He also told me that no one can make you pay more than you can afford, and that if you haven't got it you can't pay it.

 

(I just wish every Judge was that sympathetic)

 

 

that was 75 quid to a debt management company not a CMC... 2 very different entities.

 

CMCs dont advise on debt management.

[diddydicky]

bagio i know this sound stoopid but how do you repeat the prev post in yours - highlighh thread somewhere!t and copy and paste or is there a button on t

[diddydicky]

copy and paste or is there a button on the thread somewhere

[diddydicky]

copy and paste or is there a button on the thread somewhere

 

oops

[car2403]

copy and paste or is there a button on the thread somewhere

 

oops

 

You can quote single posts by clicking the "Quote" button at the bottom of each post;

 

 

Alternatively, if you have multiple posts that you want to quote, you can click the "Mutli-quote" button on each post you want to quote;

 

 

You then have to click "Post Reply" at the bottom of the page, underneath the last posted message, which will take you to the advanced posting screen where each of the multi-quoted messages appear;

 

 

A few tips;

- Select the multi-quoted messages options on the posts in order, as the order you click the button on each post will determine the order that they appear in your reply.

- If you click the multi-quote buttons on several posts, in several threads, your next post will automatically include all those quoted posts, even if the next reply you post is on another thread. To stop that happening (if you don't want it to) click the multi-quote button again to deselect that post, so it isn't quoted. If you clicked a lot of multiquote buttons, you will have to deselect them all before posting using the advanced post option, or all the multiquoted posts will appear there.

 

[diddydicky]

i thank you

[diddydicky]

i am being very thick here!

 

do i type my message THEN click the quote button? i then cant find the bottom of the page to click for the advanced screen doh

[diddydicky]

just cant see a button that says post rely!

[underdog13]

Bottom right hand side of the post box, DD - click quote button first, then type:)

[diddydicky]

Bottom right hand side of the post box, DD - click quote button first, then type:)

 

like this you mean?

[diddydicky]

yippe doooo

[underdog13]

like this you mean?

 

By George I think he's got it;)

[diddydicky]

By George I think he's got it;)

 

the rain in spain falls mainly in the plain

[Hopster]

Mail on Sunday today ?

[tosh1]

i read it