You proove the agreement is invalid - take creditor to court for defimation?

[interweb]

Hi

 

I would like to thank every contributor to this web site and when circumstances allow I will make regular generous donations to the site as it has helped me no end!

 

There is an immense amount of information that I have used to prove to the various credit card and loan companies that the agreements are unenforceable etc. And on some occasions they have even agreed with me!

 

HOWEVER none of them has written off the alleged debt.

They continue to pursue me with harassment letters, phone calls and DCAs and continue to add to my credit file.

And yes, I have used all the templates and letters to threaten them and have written to the OFT, Trading Standards (have never received any responses backfrom TS!!) etc.

 

 

I even have an ongoing case with the Information Commissioners Office because one company did not supply me with all the information requested in my SAR.

However it takes the ICO about 6-9 months to even start looking at a case due to backlog!

 

my point is I now want to take these to court.

Is there any information on this site that can help me do that?

What forms do I need to fill in?

What should be my claim etc. etc.

 

Any help, as ever much appreciated.

 

Regards

 

Interweb

[andydd]

Hi.

 

Its my impression that none of them will write off the debt, after all why would they ?. They have no doubt written to you denying that the CCAs are unenforceable and therefore as this means they they are reluctant to pursue you through the courts, you could invite/beg them to !

 

I'm unsure wether you can start court action in this respect, although there are CAGers who have started legal procedings in respect of obtaining documents, many have been successfull but im unsure wether this means an end to the harrasment, Ive read that eventually they will give up, after all it costs money to write/phone you all the time, you could just sit back and enjoy the ride, wind them up, ask them stupid questions, perhaps have a look at Fuzzybobble's amusing wind ups

 

Andy

[Stornoway]

This is why the whole unenforceable agreement argument is dubious in my opinion. You are correct - they wont write off the debt, they will continue to chase you and you will end up with a dodgy credit record. It will be a long hard fight for you.

[bedlington83]

If the agreement is unenforceable then they can't enforce it by doing things like recording a default or getting DCAs involved and if they do give you a dodgy credit record then you've got cause for an action for defamation.

 

Going back to the OP, its all very well proving to your creditors that the debt is unenforceable but you need to get the courts to agree. The you can get an injunction preventing them from taking any kind of enforcement action. If, as you say, some of them have already admitted that the agreement is unenforceable its difficult to see how they could argue with you in court.

[interweb]

Thanks for your replies.

 

Yes, defamation of character and needing to get the courts to agree etc. etc.

That is my point.

How do I go about getting this to court.

What forms do I need to fill in?

And what is my case?

 

 

This forum has tons of information on what to do if you are being taken to court

but HOW DO I TAKE A CREDIT CARD COMPANY TO COURT FOR DEFAMATION OF CHARACTER, HARASSMENT ETC.?

 

Any advice appreciated.

 

Thanks

 

Interweb

[postggj]

boy have i seen some bad advice

 

lets clear this up from some one who has had 2ccj set asside and five defaults wiped

 

a new recomendation from the ico states that lack of a credit agreement is not an excuse not to record a default with the cra if a debt can be proved.

 

take that with a pinch of salt though

 

it takes up to a week or a year year to get a default removed.

 

things are needed like

was a default notice issued

is it compliant with the cca

 

was the debt made up of penalty charges

 

i could go on and on

 

my point being is you find out how they %^$^ up and use it to your advantage and keep on the pressure and not take no for an answer

 

any body who thinks they are in for an easy ride are much mistaken

[cds]

If you have something showing the creditors admission it could be useful:

 

142.—(1) Where under any provision of this Act a thing can be done by a creditor or

owner on an enforcement order only, and either—

 

(a) the court dismisses (except on technical grounds only) an application for an enforcement order, or

 

(b) where no such application has been made or such an application has been dismissed on technical grounds only, an interested party applies to the court for a declaration under this subsection

 

the court may if it thinks just make a declaration that the creditor or owner is not entitled to do that thing, and thereafter no application for an enforcement order in respect of it shall be entertained.

 

cds:)

[pt2537]

Right then

 

Firstly, if an agreement is improperly executed and unenforceable, then it is missing key terms which parliament felt were so important to the consumer that they must be in the agreement.

 

Therefore, to quote Lord Hoffmann from Dimond and Lovell,

 

Parliament intended that if a consumer credit agreement was improperly

executed, then subject to the enforcement powers of the court, the debtor should not have to pay

 

therefore there can be no obligation to pay back the money

 

so, lets consider a default,

 

it seems to me not to be in the scheme of the Act if the lender has his agreement found unenforceable DUE TO HIS MISTAKE and then is allowed to go and damage your credit file as a result

 

the 1974 Act is a consumer protection act not the lenders protection

[postggj]

Quick Question Pt

 

How Does The Ico Recomendation Go With This Being That Is Just There Opinion To Close Disputes And As Its Not Law, I Take It A Creditor Cant Mention It In Court

 

Any Sugestions

[pt2537]

The ICOs guidance is not the legal view but the view of the ICO, it can be referred to in court but can be easily rebutted, so i wouldnt worry about it