unenforceable credit card agreements.

[Pinkydinkydoo]

Hi, I am new to this forum and would like some help! Using template letters I have found on this website I have requested the CCA from Vanquis and Halifax. This was on 16th March sent by recorded delivery. I have heard nothing from Halifax so have sent a follow up letter. Vanquis have today sent me a blank application form with no info on it whatsoever, no name address, signature or anything. What happens next? Also if this debt is deemed unenforceable, do I get confirmation in writing? Also if possible could I have some feedback from people who have sucessfully had agreements deemed unenforceable and how long did the whole process take? Thanks in advance

[Sand-Dancer0191]

Ok Pinky:D...Both cca requests are now outside the time limits..

Send an account in dispute letter to both (from templates library) REcorded delivery but DON'T SIGN IT...Print your name..so they can't copy or lift it.

The account in dispute letter will also inform them that the accounts are UNENFORCEABLE due to the non compliance of the cca.also further actions they are prohibited from taking while acc is in dispute.

They have 14 days now to comply...use the time to read the other threads......Great start;)

[sea-sidelady]

Thread moved to the debt forum

[Craigbadger]

Hi, I am new to this forum and would like some help! Using template letters I have found on this website I have requested the CCA from Vanquis and Halifax. This was on 16th March sent by recorded delivery. I have heard nothing from Halifax so have sent a follow up letter. Vanquis have today sent me a blank application form with no info on it whatsoever, no name address, signature or anything. What happens next? Also if this debt is deemed unenforceable, do I get confirmation in writing? Also if possible could I have some feedback from people who have sucessfully had agreements deemed unenforceable and how long did the whole process take? Thanks in advance

 

Unfortunately its not likely to be that easy. Seems that most creditors wont just lie down. Seems in a lot of situations you know it is unenforceable but they say it its enforceable. You would still be hassled for the debts so be prepared for various collection methods however stick with this site and people will show you how to deal with them and what to send etc.

The fact is if the debts unenforceable its unenforceable and they cant take you to court so cant make you pay it. They will default it and place it on your credit history.

Your in good company though on here

[Pinkydinkydoo]

I have now received a copy of the orignal agreement I signed when I took out a Halifax credit card. This has not been signed by Halifax and the date I signed it was 04/08/2007. I'm now getting a bit nervous about this whole process. Is there anyone on this forum who can advise me? Also would love to hear from anyone who has sucessfully had their debt deemed unforceable. Thanks

[Hardupnotfedup]

I think we need to get real here, what are the circumstances leading up to you requesting a CCA.

What advice do you want?

If you are looking to get these debts wiped out, it isn't going to happen.

You may be able to get them reduced if there is any PPI that you didn't need or ask for, and also some of the unfair charges may be refunded.

If the debts have become unaffordable for any reason then you may be able to come to an arrangement and reduce payments to a manageable level and even get interest frozen.

Give a bit more detail and what you want and I am sure you will get help.

Even the most unenforceable CCA will not get a debt wiped out, it just means that a creditor cannot get it enforced in court.

[Pinkydinkydoo]

The advice I need is that I am now £7,000 in debt and need help. My Halifax credit card was signed by me on 04/08/07. Halifax did not countersign the app form. Is this still enforceable? Vanquis credit card cannot provide me with a signed cca. Would I be able to have this deemed as unenforceable? Help desperately needed

[jed52]

The advice I need is that I am now £7,000 in debt and need help. My Halifax credit card was signed by me on 04/08/07. Halifax did not countersign the app form. Is this still enforceable? Vanquis credit card cannot provide me with a signed cca. Would I be able to have this deemed as unenforceable? Help desperately needed

 

Unfortunately the date you signed the Halifax card makes it after the date the CCA regs. were updated, so that agreement will more than likely be enforceable, you need to scan it and post it up here for experts to look at. Wash it of all personal info, bar codes, ref. no's. and the like. If its enforceable, you may have to make an offer of payment or an F and F settlement if you have the means to do so.

The Vanquis is different. If they cant provide an agreement then they cant go to court to get it enforced. If you haven't done so already, send the 'account in dispute' letter.

Having it deemed as unenforceable is something a court will do if it goes there. But you dont get a certificate or any written confirmation of this. It just means they cant enforce it in court. The alleged debt still exists and the DCA will still chase you for it. Only a stupid DCA will admit in writing that its unenforceable. Having said that, some have in the past.

jed