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Guest Alison82

Want to claim for a unenforceable agreement

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Guest Alison82

Hi

 

I had a store card with a company that incurred some charges, whilst I was reclaiming the charges they added on new ones and interest.

 

They settled for £600ish, they account went to a DCA in the meantime. I have since obtained a CCA under the CCA 77/78 and I have also sent them a letter for the Civil Procedure rules and a SAR. They have responded by saying that the CPR does not apply to small claims, they have sent me copies of my statements but no letters and no additional agreement within this latest request.

 

The agreement is unenforceable and I would like to get the default removed from my files on this basis, I owe about £250, however I am not working at the moment.

 

I want to start a claim for the removal of the default, and agree a low payment for paying back this sum. I also wanted to know if the agreement is unenforceable which it is does this mean they cannot pass my details on to any third party i.e. DCA and CRA??

 

They visited my mum’s house where my post goes to and dropped a note through the door, which is way want to start this claim ASAP, are they allowed to visit without a judgement?

 

Thanks in advance

 

http://i297.photobucket.com/albums/mm222/ali-cat82/CCAArgos.jpg

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Guest Alison82

I'm actually quite worried that they went to my mum's house!!

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Hi

 

I had a store card with a company that incurred some charges, whilst I was reclaiming the charges they added on new ones and interest.

 

They settled for £600ish, they account went to a DCA in the meantime. I have since obtained a CCA under the CCA 77/78 and I have also sent them a letter for the Civil Procedure rules and a SAR. They have responded by saying that the CPR does not apply to small claims, they have sent me copies of my statements but no letters and no additional agreement within this latest request.

 

The agreement is unenforceable and I would like to get the default removed from my files on this basis, I owe about £250, however I am not working at the moment.

 

I want to start a claim for the removal of the default, and agree a low payment for paying back this sum. I also wanted to know if the agreement is unenforceable which it is does this mean they cannot pass my details on to any third party i.e. DCA and CRA??

 

They visited my mum’s house where my post goes to and dropped a note through the door, which is way want to start this claim ASAP, are they allowed to visit without a judgement?

 

Thanks in advance

 

http://i297.photobucket.com/albums/mm222/ali-cat82/CCAArgos.jpg

 

Hi Alison

 

A lot of isses in one post. Firstly the credit card charges; I assume from what you say that you have been refunded all charges and this has reduced the balance to £250. Typially, it is easier to get the negative CRA ratings removed where the default charges are a substantial amount of the total. You will see a lot of threads on CAG where this has been part of the settlement.

 

They have supplied you with an application form which satisfies S78(1) and they will claim is an Agreement. Only a judge can decide if it is enforacable or not and some applications have been judged to be enforcable agreements. It is not advisable for you to issue proceedings since they will almost certainly use Rankine against you.

 

The CRA ratings are a separate issue and the ICO will claim that you gave the OC permission to process your data within your application. This is even in the case where it is shown to be unenforaceble under the CCA 1974. Hence your creditor will claim (irrespective of the application being an agreement or not) that they have provided accurate date to the CRAs in respect of your payment history and credit worthyness.

 

Hope this helps

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Guest Alison82

Yes

 

Humm ok, so I should just pay it off and forget about it??

Edited by Alison82
..

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Yes

 

Humm ok, so I should just pay it off and forget about it??

 

From what you say it will be difficult to get the CRA information changed but you could write and ask them to amend these given that a substantive amount of the balance were default charges.

 

Fighting the application will require you to default and then the bank to litigate, this will take months and sometimes years (4 in my case). This will also worsen your CRA files. If you can pay it off then your CRA files will repair quicker and when you get a job you will be in a better position regarding credit risk.

 

I am assuming this is your only financial liability?

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Guest Alison82

Hi it was for a store card (argos) all of the balance was charges, when I recived my refund I didn't clear it straight aways as I needed the money, so I got defaulted. If I pay off the amount, can I remove the default later on the grounds that the agreement is unenforcable and the default amount mainly consisted charges?

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