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Unenforceability Cases on hold until further notice


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£495 for each agreement +++!

 

Madness...

 

AC

 

Yup...

 

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

 

:wink:

 

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

Always happy to help where I can!

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Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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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

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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

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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

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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

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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)

00020143.gif

 

 

 

 

 

 

 

 

 

Edited by Mightyacorn
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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)

00020143.gif

 

 

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

 

CMCs dont advise on debt management.

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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;

 

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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;

 

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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;

 

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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.

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;)

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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