Jump to content

  • Tweets

  • Posts

    • Bankfodder thanks for your help and yes i am about 90 miles from the garage i have requested the advert from autotrader  waiting for that back.  the dealer is a garage and taxi /minibus firm with a big unit i have taken screen shots of the stock and sales on ebay  and cars for sale on autotrader i have a reciept for my purchase signed etc  so yes i know 30 days is up but like you said its the enforcing it may be an issue but ill take it up to the highcourt as seen on tv lol 
    • Letter said 10 going across company, 2 from cad team. Only 2 have been scored. Essentially I would have stayed but now my position is untenable I feel, how could I go back after being mistreated like this. So yes, I want more compensation because its been an unfair process.    We don't have a union. 
    • So your desired outcome is "going, but more money"?   How many people are leaving in total? Has a union or reps agreed the redundancy terms?
    • I can certainly see why your son booked there.  The place has rave reviews from previous guests.  I'm surprised they are being so unprofessional with your son.   On their page under "Questions" they've written   Hi there! On the booking listing on the search page it says free cancellation, however when I go to book it says non refundable. Please can you confirm whether there is free cancellation on this for November bookings? Thanks!   Hello, Our cancellation policy is free cancellation upto 60 days before arrival. However if White Cross Bay has to close due to a second lockdown, we will re schedule your stay or offer a full refund.   I would suggest your son write to them through Booking.com's internal messaging system (Bookings > Owls House > Contact the property) and if they don't reply within 48 hours demand that Booking.com intervene.    N.B.  After a certain amount of time and/or a certain amount of bookings this internal messaging system ceases to work for old bookings so it might fail, but, hey, it's worth a try, it'll only take 10 minutes..   On their COVID Info. page Booking.com go on about bookings after 6 April, basically saying that after that date everyone knows about COVID and that travelling is a risk so it's a good idea to book places that offer free cancellation.  However, before that date - which would apply to your son - I'm pretty sure they had some scheme where you could cancel even if not normally allowed.  Sorry to be vague, but again this is worth looking into.   I suggest these things on a "belt & braces" basis. Obviously keep fighting to get the money back through the Halifax as others have suggested!
    • Typical defence that you would expect in response...reads rather like a witness statement than a defence.   Be wary of point 25 .....are you currently indebted to the agreement ?.....they are relying on CPR 16.6 to use a set off defence.   Andy
  • Our picks

    • @curryspcworld @TeamKnowhowUK - Samsung 75 8K TV - completely broken by Currys. https://www.consumeractiongroup.co.uk/topic/426151-samsung-75-8k-tv-completely-broken-by-currys/&do=findComment&comment=5069075
      • 6 replies
    • @skinnyfoodco Skinny Foods. https://www.consumeractiongroup.co.uk/topic/426130-skinny-foods/&do=findComment&comment=5068996
      • 8 replies
    • I’m in desperate need of help
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
      I’m literally at the end of my tether and don’t know where to turn next !
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
      • 29 replies

How do I declare/make my credit agreement unenforcebale? ie how to start court proceedings.

Please note that this topic has not had any new posts for the last 3343 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

A little bit of background to begin with....


I have various debts, all of which are in some kind of dispute due to an unfortunate change in circumstances. I have two cases which are in the final stages of a legal dispute actioned by my solicitor.


However, I have one case which I'm attempting to resolve by myself. I am well progressed with this dispute with MBNA having already froze my account and sold it to CapQuest Debt recovery. This was a about 18 months ago and to date, the account is still frozen with CapQuest and they are making no attempt in recovering the outstanding amount.


The reason for this stalemate is because I am asking them to provide information about a certain aspect of the credit agreement. This is the part on how to cancel the agreement. Basically its missing. They are just sending me the same letter every now and then saying they are still investigating etc.


I've had enough! I want to move on and try and get my financial situation sorted. I've accepted that I will never get what I am asking as it simply was never provided and am now starting to realise as this agreement was done online, I actually never received any terms and conditions.


My questions to you all is, how do I begin the court/legal proceedings. I am done sending letters offering settlement, requesting copies of my agreement etc. I know I have a good case, but because my solicitor has progressed all my other cases I don’t know which form/court procedure to start with!


Any advise massively appreciated.

Link to post
Share on other sites

Hi lee


Welcome to CAG

The guys will advise as soon as they are available. I know it is fustrating, but it really is not a good idea to take them to court, too many recent cases have made it very difficult. If the accounts are in dispute, thats about as much as you can do.

There is also the Judges lottery.


Heres some info:- http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/unenforceable-credit-agreements



Link to post
Share on other sites

Thanks for that info.


I'm just really frustrated as im the one who has been proactively chasing this debt, and trying to resolve it. I've offered several settlement figures and they just dont even listen.


I've kept meticulous notes on my correspondance and although court doesnt seem like an attractive option, I know I could fight my corner well.


Is it really worth not giving it a go? What have I got to loose? I already havea diabolical credit rating, dont own anything so nothing to lose!

Link to post
Share on other sites

why bother.....pers i'd ignore them.


how about reclaimsd and PPI?


have a read in the MBNA forum


there are several very good thread there.



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


DCA's view debtors as suckers, marks and mugs


NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..


If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 



Link to post
Share on other sites

yeah I could, but ive been in this stalemate for nearly two years and effectively financial life is on hold. I cant even begin to start saving for house deposit, mortgage etc.


I know all these things are a long way off, but I want to get something sorted one way or another

Link to post
Share on other sites

Hi LeeandMel,


As already said by the other site team members above, taking court action yourself against the bank is simply no longer an option. As the Claimant or Applicant (depending on what sort of action you took), it is for you to clearly prove that you don't owe the debt. After the case of Carey v HSBC, you are pretty much doomed to fail, particularly as this was an on-line application for the a/c.


Your only hope with regard to court action is that the bank takes you to court. If there are serious fault with the records or paperwork and you can cast doubt on the enforceability of the debt, you have a chance of success.


But even defending successfully is by no means certain these days and it can be down to the views (or prejudices) of the judge on the day.


Best options are to reclaim any penalty charges or PPI on the a/c and to make arrangements to pay monthly, hopefully without interest being added to the a/c.


If you drop the issue of unenforceability, you may get help from National Debtline or CCCS with a view to stopping interest, freezing the a/c and paying this off. See here for useful contacts - http://www.consumerwiki.co.uk/index.php/Debt:_Where_to_Get_Help



We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING



                                            Have we helped you ...?  Please Donate button to the Consumer Action Group


Please give something if you can. We all give our time free of charge but the site has bills to pay.


Thanks !:-)

Link to post
Share on other sites

Hi lee


Just to add, if you lose, these companies and their solicitors like to generate costs. You will end up in a worse position, remember they can afford it, in fact that is a tactic they use. Let them take you to court, if they think they can.

Link to post
Share on other sites
  • 4 months later...

Hi LeeandMel


I totally understand your position - similar to mine. You just want to know whats what and get on with your life. Well I have been fighting creditors for almost 4 years now. Most of my debts I have argued and won. I have one last account to fight that I deem is unfair and unenforceable, but they are taking me to court.


In my opinion, I would set out a payment plan as if you were paying them back every month, if they ever get back onto you a) you may have enough money to offer a F&F, especially if you have grounds to dispute, and b) if you do end up paying them monthly, you wont miss the money.


It all takes time, there are other options for you maybe, i.e. DAS, PTD/IVA etc, but I am fighting tooth and nail until I have no more defense - no matter how long it takes to pay my debts off on my terms. Only then will I even entertain a formal solution. At the end of the day, they want their money back and if they can get more than 10p in the £1 back, they will drag it out as long as possible.


Good luck!

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.

  • Have we helped you ...?

  • Create New...