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shantimar

HBOS CCA Help needed

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received this CCA a couple of weeks ago , it is pretty illegible !

 

Would the illegible element make it unenforceable ?

also it doesnt contain much information re credit limit , apr, etc etc

 

please help guys , need to know others opinions and also what i shoudl do next ?????????????/

 

thanks everyone and good luck to every one of us trying to fight banks !!!

 

Pictures by shantimar09 - Photobucket

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i think you really need to be made a bit clearer upon what an unenforcable CCA actually results in for the average credit customer.

 

it just means it is unenforcable in a court of law, it is not some magic bullet that writes debt off, and it does not make the debt go away.

 

it gives the advantage of p'haps stopping you from requiring to continue payments & also puts you in the very strong position of offering a very low F&F settlement to close the matter.

 

it is FAR better particularly with CC's to reclaim any unlawful charges & p'haps mis-sold PPI first [via the SAR] THEN offer a finsal settlement IF the CCA in unenforcable.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Re unenforceable cca debt , if debt is unenforceable do i have to offer a settlement ???? or can i just leave it as unenforceable ???

 

what do i do next , stop making payments ??? to allow debt collection / court action etc etc ???

 

what is the next step ???

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Hi,

 

You could just leave it, but will be chased for it.

 

Here's a bit info on CCA's.............

 

A debt becomes unenforceable under the CCA if a creditor does not supply a true copy of the signed credit agreement within 12 working days of it being requested.

 

The debt remains unenforceable for as long as the creditor fails to produce the signed credit agreement – this means if they produce the agreement some months down the line, they are quite within their rights to enforce it. They do not need to take any further action to enforce the debt. A debtor cannot take any action against the creditor for failing to produce the signed credit agreement within the prescribed time, because that is up to the agencies that the offence has been reported to. Any sanctions that may be imposed are at the discretion of these agencies, and it is not a matter that the debtor can take to the civil court.

 

 

If after requesting a true copy of a signed credit agreement the creditor fails to produce it, it does not mean that the debt does not exist, the debtor may now however be in a good position to make a full and final offer to clear the debt.

 

Regards.

 

Scott.


 
 

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thanks for that , the copy they have provided is very unclear , illegible , so this i thought would render it unenforceable ??? i have hinted re settlement and they are stating they feel it is perfectly enforceable and they wont correspond with me any further ??!!!

can i not go to court / small claims to have debt rendered unenforceable or anything ???

 

I think i will move direct debits to my parachute account and stop paying , and see if i can get a settlement organised . u seem to have good record of succes , were these on your signature to do with charges or unenforcebla debts ?? what would be a decent settlement per cent ?? balance is 2k , im unemployed , on jobseekers allowance .

 

here is details of my cca received to date >>>

Pictures by shantimar09 - Photobucket

 

 

any further help would be sooo great . thanks xxx

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