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

[LeeandMel]

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.

[rebel11]

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

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

[LeeandMel]

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!

[dx100uk]

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.

 

dx

[LeeandMel]

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

[slick132]

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

 

8-)

[rebel11]

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.

[scottybhoy]

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!