Guidelines - Requests For An Original Agreement Under The Consumer Credit Act 1974

[Reader]

Subbing with interest

[taffy_taylor]

I would like to get a consensus of what would be acceptable in the following circumstances as far as the time scales are concerned.

 

I have UK debt but now live permanently in Rep of Ireland. If I send the CCA letters I can still use the recorded postage from here. The reply might be a bit different. If anybody has any experience of rural post in Ireland you will know what I mean. How should I judge the correct time. 12 plus an extra 7 say or go by the date of their reply?

 

(Should I bother at all I have been told its not enforceable if I dont live in UK anyway.......... too honest i guess)

 

Thanks.

 

TT

[Gazza112]

subbing with interest

[odey]

hi

the bank did not have the original, or true copy of, the orignal agreement, and are unable to produce, nor have they within the time scale. they finally replied and admitted they do not have it, but still want me to pay it off!

 

pay what off? the debt does not exisit and never did?

 

therefore, i have been paying about £350 a month for the last 5 years to something that does nto exist...so i presume i can claim this money back considering the 'loan' did not exisit'??????

[yaffsimone1]

hi

the bank did not have the original, or true copy of, the orignal agreement, and are unable to produce, nor have they within the time scale. they finally replied and admitted they do not have it, but still want me to pay it off!

 

pay what off? the debt does not exisit and never did?

 

therefore, i have been paying about £350 a month for the last 5 years to something that does nto exist...so i presume i can claim this money back considering the 'loan' did not exisit'??????

 

I doubt you can claim anything back. You have acted positively by making payments against this 'debt', you cannot now act in any way that is contrary. I believe that by paying against this 'debt' has waived your right to claim all these payments back.

 

I say this because i know of a court case where the scenerio was the other way round, a company was protesting some invoices but then acted in a way that was contrary to its protest. i.e paid them, this alone waived thier right to dispute the invoices

 

Someone correct me if i am wrong....

[car2403]

I doubt you can claim anything back. You have acted positively by making payments against this 'debt', you cannot now act in any way that is contrary. I believe that by paying against this 'debt' has waived your right to claim all these payments back.

 

I say this because i know of a court case where the scenerio was the other way round, a company was protesting some invoices but then acted in a way that was contrary to its protest. i.e paid them, this alone waived thier right to dispute the invoices

 

Someone correct me if i am wrong....

 

Sorry, this is wrong. There is clear precedent in caselaw that restitution, which is being reffered to here, is possible. (Sempra)

 

Also, a company wouldn't be afforded the protection under the Consumer Credit Act, which could prevent the enforcement of the remaining debt.

[yaffsimone1]

Sorry, this is wrong. There is clear precedent in caselaw that restitution, which is being reffered to here, is possible. (Sempra)

 

Also, a company wouldn't be afforded the protection under the Consumer Credit Act, which could prevent the enforcement of the remaining debt.

 

Well in that case Capquest owe my 5k, as i too had been paying a debt that didn't exist and HSBC admitted it!

[car2403]

Well in that case Capquest owe my 5k, as i too had been paying a debt that didn't exist and HSBC admitted it!

 

Personally, I think it's v dodgy - getting out of having a duty to repay my debts was enough for me and I would have lost the Judge if I'd tried to reclaim what was paid.

 

Other's have achieved it, however.

 

Proceed with caution.

[yaffsimone1]

Personally, I think it's v dodgy - getting out of having a duty to repay my debts was enough for me and I would have lost the Judge if I'd tried to reclaim what was paid.

 

Other's have achieved it, however.

 

Proceed with caution.

 

Your quite right it is dodgy, thats why i have not done it, after all i did spend the money i borrowed and i believe i had a moral duty to pay it back and i'm sure a court would think the same. In hindsight if i had known then what i know now i may of acted differently, who knows.

[N.P]

What if you have no morals, like Banks, Lenders, DCA`s, etc don`t?

[car2403]

The key to claims like that is that it's a handy bargaining tool and can sometimes force their hand in actually giving what you want in the negotiations on settlement.

[davidoneman]

hi sorry for posting here im new , where is the thread starter so i can do a post been looking everywhere but cant see , many thanks david

[car2403]

There's a beginners guide to CAG in my signature that will help

[janeywaney]

Hi, I'm new on here and not sure I am in the right place... I got myself into a bit of debt, which has gradually increased since uni (5 years ago)...I have a couple of credit cards and a loan which amount to about £23k. I paid off one of my credit cards today, which was quite an achievement (or so i thought) to be told that I have now been defaulted for 6 years!!

The agreements on my cards/loan were taken out before 2007 and i think i could be eligible for the non enforceable agreement. Can anyone help me? One company called me and wanted 20% of £23k for their fees. They wanted £1,050 upfront and non-refundable. I am trying so hard to get out of debt and companies like that one penalise you for trying! Please help!!

[Gazza112]

Hi, I'm new on here and not sure I am in the right place... I got myself into a bit of debt, which has gradually increased since uni (5 years ago)...I have a couple of credit cards and a loan which amount to about £23k. I paid off one of my credit cards today, which was quite an achievement (or so i thought) to be told that I have now been defaulted for 6 years!!

The agreements on my cards/loan were taken out before 2007 and i think i could be eligible for the non enforceable agreement. Can anyone help me? One company called me and wanted 20% of £23k for their fees. They wanted £1,050 upfront and non-refundable. I am trying so hard to get out of debt and companies like that one penalise you for trying! Please help!!

 

 

 

Hi Janeywaney

 

First thing to do is don't stress yourself out over these cards, we've all been there.

What you need to do first is send the credit card companies a £1 postal order and ask for your credit card agreement from these.

This will see what these companies have got on you in terms of enforceable agreements.

 

Gaz

[janeywaney]

Thanks Gaz! I have spent the whole day stressing about it!! I have been close to tears on many ocassions! Can you suggest a template?

I have just paid for my credit report online. According to that, 2 creditors have defaulted me 1) Barclays (which was my student account - i went overdrawn and they closed my account over a weekend without informing me) and 2) Egg - credit card I paid off today. There is no sign of even having an account with other creditors. Does this mean I can stop paying them or should I continue to pay until I have sent this letter with the £1? Sorry to be such a pain! And thank you so much for your help!

[janeywaney]

Sorry!!!! Also, is it best to send the postal order Special delivery so they have to sign for it (as proof they received)?

[Gazza112]

Hi Janeywaney

 

No need to send it special delivery, Recorded delivery will do.

Barclay's are not the best people to comply with CCA's.

But your in good hands on this forum, as there's plenty of good people on hear that will give you sound advice.

If you need any reading, your more than willing to visit my threads at Gazza112 as i'm dealing with 5 credit card companies at the moment.

 

Gaz

 

Gaz

[funkychicken]

subbing

[myfairlady]

Hi i requested a signed cca from Fashion World in May they did not reply till late June saying they have a " true copy" of cca form with no signature of mine on anyhting with them as this account with them is over ten years old. Now i have a thretning letter sayiig they will default my account and will go back there collections dept and say i will have problems gaining credit ,i have had dealings with their collections dept before(nightmare), Fashion world have unfair terms and payments that why i thought i go through this route i have not paid them for at leat 6 months. I am on stalemate with them , i need some advice please .. many thanks

[Suzannah234]

hiya

 

What about mail order catalogues? Can their cca be unenforceable? And if they are what happens to the stuff you have bought? And if like credit cards and loans they could be uneforceable, what happens to your credit report if you stop paying completely because of unenforceability?

 

I am new here re so be gentle with me:)

 

suzie x

[gaz2006]

hiya

 

What about mail order catalogues? Can their cca be unenforceable? And if they are what happens to the stuff you have bought? And if like credit cards and loans they could be uneforceable, what happens to your credit report if you stop paying completely because of unenforceability?

 

I am new here re so be gentle with me:)

 

suzie x

Dear Suzie

If debt is unenforceable it emasns they cant get it back it doesnt mean its dissapeared so your credit report could get marked with a default which will not help you in trying to get credit . If cca is unenforceable then it means as i said they cant get it back so the stuff you bought is yours but just because an agreement catologue companies or otherwise is unenforceable it doesnt mean the debt is written off regards Gaz

[Suzannah234]

hi MFL

 

My mail order accounts are with Littlewoods and Empire Stores. I have sent them letters basically telling them that I am struggling to pay at the moment, and made them a lower payment offer. Littlewoods have more or less told me 'no way jose', but Empire have accepted my offer for three months, after which time my account and ability to pay will be under revision. However, I am worried about the effect this will have on my credit file, as I am only one month adrift with both of them......I think I will request a cca and see what transpires.......although help and advice will be very welcome....

 

Good luck to all craggers:)......Thanks

 

me x

(Suze)

[dodgster]

Hi Suze,

In my experience the DCA's do their best to grind you down by constantly sending you threatening letter, telephone calls, the works. As for your credit file it goes right down the pan as even though they are not supposed to give information to the credit reference agencies whilst the agreement is in dispute they still do. The FOS and the Information Commissioner's Office have no teeth and pay lip service to the problem.

If your in this you have to be in it for the duration as they will test your resolve time and time again.

[Suzannah234]

hiya

 

Thanks Gaz and dodgster for the good advice guys:)