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Eversheds and Direct Line

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I have received a copy of my Direct Line credit agreement as requested via Eversheds. It consists of 3 pages (have no scanner so can't upload). The first page sets out the amount of loan, loan payment protection amount (which I did not ask for), total amount of credit, total charge for credit, repayment amount and number of repayments. On the back (page 2) is "How we may use your personal data". Page 3 is the page which has my signature in a box where it says "I have read and understood the terms of the offer in the T&Cs booklet". On the back of that page is a statement of arrears so I can't see that this is the original agreement.

 

This loan was part of an IVA which failed after 4 years when my marriage broke up as it got into arrears and I wasn't able to make the payments that were required. Eversheds are now threatening to have an attachment of earnings made against me or a charging order or a warrant of execution but this is not the only debt I have on the IVA that needs to be sorted out.

 

Can I do anything about the Payment Protection that I did not want? I would like to know if this agreement is unenforceable. I intend to try to reach agreement with them for payment but would like that information to hand. Eversheds are also involved in a couple of other debts on the IVA so they should know that this is not the only one I have to try and pay.

 

Many thanks in advance for advice and opinions.

 

NN4

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When was this agreement taken out


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Please scan up a copy of the agreement, minus of personal information.

 

If, you were charged for PPI that you did not request, that PPI would have been mis-applied.

 

AC

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They certainly need to give you a copy of the T&CS - the CCA 1974 states that they need to send you a copy of all the documents referred to in the agreement. Check the calculations too to see if they are correct. I had a Direct Line loan. The calculations were wrong and there were only 3 pages of a 5 page agreement with no T&Cs. They passed it to Moorcroft to collect and when I made a complaint to Moorcroft that they were trying to collect on an unenforceable agreement, Moorcroft passed it back to Direct Line they wrote it off.

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I took the agreement out in 2001. In February 2004 it became the subject of an IVA which failed in December 2008 due to divorce etc. I have uploaded a copy of the agreement and letter from Eversheds.

 

Many thanks for help and advice to you all.

 

NN4.

Direct Line.pdf

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you have left your name on the first letter

 

did you last make a payment in 2003?


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Oops I thought I'd caught all the personal info, never mind. Yes payments made in 2003 then included in IVA from Feb 2004 until it failed in December 2008.

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the agreement looks good to me.

 

I would start by getting the ppi removed if you did not need it


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Thank you for responses. When you say the agreement looks good I take it that it is enforceable but I should have the PPI removed as not required? While I'm doing this and requesting the T&Cs does this make the agreement in dispute for the time being?

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dont see why not


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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