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Scatty1985

Unenforceable credit agreements

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Hi,

 

I've been reading up about unenforceable credit agreements and think that 2 accounts I have may be worth investigating to see if they are unenforceable.

 

I have one credit card (Egg) which I've had for years (think I applied online for it) and one personal loan with Lloyds TSB which I took out in June 2007.

 

Am I right in thinking that I can send each of these creditors a request under s77/78 of the Consumer Credit Act 1974 asking for copies of the original signed credit agreement and that if these creditors cannot provide an original signed agreement or an agreement that which fails to comply with the Consumer Credit Act 1974 it is unenforceable?

 

If I understand this correctly I have to request a copy of the original credit agreement under the CCA 1974, if they do not send it, request all information they hold on me using a Subject Access Request under the Data Protection Act 1998. If they fail to answer this they have to remove all information relating to me including any accounts I have with them?

 

If there’s a step by step guide anywhere please link me to it so I don’t waste anyones’ time on here!

 

Many thanks,

 

Scott

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Hello and Welcome, Scott.

 

Regarding your online account...............

 

As The Consumer Credit Act 1974 (Electronic Communications) Order 2004 came into force in December 2004 any online agreements entered into prior to this date still need a signed executed credit agreement.

Electronic signatures weren't considered valid until this date.

 

If you took it out online after 2004, a tick in the box would do for your signature.

 

With your loan, send a CCA request, letter 'N' in this 'link'.........

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Send it recorded with a £1.00 postal order and don't sign it.

 

Once you get an agreement from them, post it up here and people will tell you if it's enforceable or not.

 

This thread will help..........

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Maroondevo52 you are a wonderful person!

 

Thanks very much!

 

Scott

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Posted off the CCA s.77/78 requests today, special delivery with £1 postal order.

 

Now just sit back and wait!

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Let us know when you hear anything.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Ok Egg have gotten back to me with the credit agreement. Its dated 1st May 2004 and I've noticed some things which have been mentioned here which lead me to believe its unenforceable.

 

The two main points are that they use the term "Approved Limit" and the APR for Cash Advance.

 

Is there a black and white answer as to whether using "Approved Limit" makes the agreement unenforceable?

 

I will post up the agreement they sent me as soon as I get it scanned in, just putting the feelers out for the observations I've just made.

 

Thanks in advance!

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Also I just noticed the Special Delivery tracking code for the letter to Lloyds TSB says this:

 

"Your item with reference xxxxxx has reached its PO Box and is awaiting collection/delivery."

 

Does that mean its with them??

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Hi, S.

 

I'm not sure about that one, It's always better to send to an address without a PO Box number.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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I got a letter back about the Lloyds TSB one today, they say they cannot give me the details I asked for as my address is not on record, I took the loan out while living at a different address and as far as I know they should have my current address.

 

Any ideas where I stand with the Egg agreement?

 

Thanks

 

S

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Well here is my agreement, is anyone able to tell me if I stand a good chance of getting this agreement declared unenforceable?

 

page1.jpg?t=1249297274

 

page2.jpg?t=1249297382

 

Many thanks,

 

Scott

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