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Should I Challenge Pre 2007 Agreement?


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Hi

 

Will make this as brief as possible. Have a loan that equates to half of my debt, or almost half. Agreement was signed in December 2006.

 

i have always thought the agreement was suspect (before I continue, I don't care whether it is morally right/wrong to question a debt that I have given good faith that I would repay - the ins and outs of this are pretty bad, from the lies the salesman told us we had a CCJ on our records which we dont and we had to go with a high interest rate lender etc etc to the fact that the debt has more interest than the loan itself......) sorry, back to my point:

 

Went to a well know agreement checking website and paid a fiver for my report, which I thought was well worth it. In brief it has the following issues:

 

- Has PPI that was no use whatsoever - so that is definitely getting reclaimed;

- Amount of Credit calculation is wrong;

- First payment calculation is wrong;

- Regular Payment calculation is wrong;

- Total Cash Price - wrong;

- APR - wrong;

- Total Charges/fess - missing;

- Total Charge for Credit - wrong;

 

on the basis that I have entered the details correctly and this site does work, then there is not much right with this agreement!

 

Is this agreement worth challenging? I have successfully won against First Response - but by 'eck this was an effort - worth it in the end though!

 

I have heard that challenging agreements this way is not worth it, but to be honest, if I "win", then half my debt will be "unenforceable" which helps me out - big time. I'm ready for a fight, but am I right?

 

Can upload the docs tomorrow if anyone wants a look. Any help is appreciated.

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no such thing as an un-en CCA so drop that hope

 

dx

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... 

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I have had one creditor stop chasing me and writing off debt on another loan where I pursued this route, but that was due to the fact I caught them comitting fraud - so they gave up.

 

I though I read somewhere that this could be rendered unenforceable if it was signed prior to april 2007?

 

If it can't be rendered unenforceable, then what do you think is my best bet as clearly this agreement has issues? Other than to reclaim the PPI and pay the rest of my debt? :sad:

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Do you think I should ask them to remove the Interest Element of the loan and I will offer to pay them back the £6k and use this as leverage or not bother to pay it back? To be honest, I want this shown as settled on my Credit History, mind you it is defaulted, so will be off my Credit file in about another 3 1/2 years. Should I just "avoid" it - although that is morally wrong, I am the one who has been shafted by a ****** broker as he told me the total amount I had to pay actually turned out to be the interest element only and there is no total charge for the loan?

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if you use this:

http://www.taxassist.co.uk/loancalculator.php

it works out ok

 

though 120*£115.15=£13,818?

 

dx

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... 

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Share on other sites

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