SLC Cannot Supply The Original Agreement

[breadline]

I will be trying to get out of my debits and don't mind admitting it. I had neurological problems for 3 years which caused bi-polar and a breakdown in communication skills. my first year i was employed 6 months, my 2nd year i was employed 3 month, my 3rd i was leaving jobs monthly. My earning potential became less than possible to pay my mortgage and live with necessities.

 

Over this time Lloyd's refinanced me up to £10,500 in debit, and as a lender they had a responsibility as resposible lenders.

 

My final loan of £4500 i was actually told i could not have insurance as i had not been in employment long enough and it was also Temping work.

 

If i was un insurable as a risk then i was a risk.

 

Some issues are not as open as shut as to say " if you had it you owe it".

 

These banks have preyed on peoples dispositions and they should be held responsible.

 

Just my honest opinion from my own miss guided experience and belief that my bank was acting in my best interest at the time.

 

When all along they should have adjusted payments on what i had initialy owed.

 

Sadly I'm sure there are plenty more like me here:(

 

BL:)

[noomill060]

I suspect that mental illness may be a total defence against any creditor's attempts to enforce the debt. In other words, it may be unenforceable.

 

But dont take any of this advice at face value, I suggest you see a solicitor and your doctor

[breadline]

I suspect that mental illness may be a total defence against any creditor's attempts to enforce the debt. In other words, it may be unenforceable.

 

But dont take any of this advice at face value, I suggest you see a solicitor and your doctor

 

All very much recorded LLoyds have been fully informed by myself and by doctors records and they still harrras and do thier utmost to knock me over.

 

It amazes me how lloyds never took into account my no wages surely they have to balance the income some how.

 

But saying that once i owned my home they couldnt throw it at me quick enough.

 

A solicitor has been an action i have been concidering for some time. Not sure under what terms i should be looking and what cost it could be to me. A no win no fee would be nice

[jamesbond]

have no fears about following the letter of the law...the onus is equally on the lender to adhere to regulations and if they fail to do so that is of nothing to have any guilt about. if you had defaulted they would go fo you without any thought for the consequencies, so do what needs to be done.

i have read much on this thread and the advice given is very conflicting, including the debt becomes immediately enforcable and you could end up with a ccj. if the companies concerned are brash enough to even attempt this enforcement through the courts a somehow a judge allowed it to proceed and you had to repay, their is no reason you cannot apply for a time order to prevent a ccj from being served any way. as i see it it is a no lose situation and the worse that can happen is enforcement of the debt through a court. zoots post throws the spanner in the works about the debt still being payable, and that we make a big issue over a missing piece of paper, in pjs case that missing piece of paper has just stopped them collecting £28000...not something trivial at all i seem to notice...this needs clearing up all this conflicting information so we know how to proceed in the position of these defaults on the cca request.

thanks for that piece of info ecobabe, i read your posts earlier on in this thread and that is the sort of input we need, positive and to the point where you know exactly where you stand...big thankyou...007

[JonCris]

As long as I act within the legal framework then I will have no compunction in avoiding payment of any debts I can. Had the money lenders acted lawfully or even decently in their dealings I as I'm sure would many others have taken a different veiw.

 

They have & continue to act with complete disregard for the law in not only their unlawful charging regime but also in their debt recovery by employing firms to act for them who in turn also have a complete disregard for the rules

[pj41]

As long as I act within the legal framework then I will have no compunction in avoiding payment of any debts I can. Had the money lenders acted lawfully or even decently in their dealings I as I'm sure would many others have taken a different veiw.

 

They have & continue to act with complete disregard for the law in not only their unlawful charging regime but also in their debt recovery by employing firms to act for them who in turn also have a complete disregard for the rules

 

 

Banks will gladly lend an umberella, but when it rains they want it back.

 

They do not stop in there quest for money.

 

Imagine a room with 100 telephonists facing a blackboard on it is written

 

"todays target £100,000"

 

"we have recovered £45,000 as at 2pm"

 

That's how it works its a target to achieve and bonuses to be paid. Hence the staff will try anything to get you to commit to a payment on the phone, it's a drug for these people Money, Money, Money.

 

No one stops to think that maybe the poor s*d that they are phoning for money has nothing to feed the kids with today, or repair the car to get to work to pay the mortgage/rent or the council tax or the gas and the electric and the VAT on everthing we buy and declare everthing we earn to pay income tax etc. Things in daily lives change constantly but rest assured that the number on the finance house "blackboard" will be increased weekly (its a target) they threaten their sad staff with "don't do it and we will sack you and get someone else".

 

Then these people have no job to feed the kids and pay the mortgage/rent or the council tax etc......... it can happen to the best of us and when it does the ex bank/loan staff will be joining the rest of us who want to make sure that what crap we are being fed by letter and phone from these sharks is in every posible way a lawful request to payup.

 

If not tough!!!

 

I care about them as much as they care about me and my family. If they dont obey the LAW then tough they should have invested more heavily in procedures of the business, not just collections.

 

 

pj41

 

rant over!

[me_n_my_kids]

PJ - i think u hit the nail on the head there.

 

im personally sick of the whole system being a one way street in their direction!

[pj41]

Hi Halznpeanut,

 

Well that's where this site comes in. It's not you or me it's ALL of us collectively demanding what's right.

 

The blackboard may soon read:

 

"today's target £100,000 (LESS 20% FOR THE MEMBERS OF CAG WHO ANNOY US, THEREFORE THE BOSS SAYS £80,000 is OK for today".

 

Gives me a feeling of winning!

 

cheers

 

 

Paul

[me_n_my_kids]

definatly, rather then feeling like ur gulible and walked over with no power as u do up until now! this site's amazing

[ecobabe]

just to further this point, i am pretty sure the law is on our side, from what i have read and case law. in addition a dca that i was paying; and they are alarge pretty nasty lot, i'm not saying who cos i think that they read these things; anyway in response to my cca , which they defaulted on and went well beyond the one month as well- they tried collecting it after this, i wrote to them and warned them that i would report them to the FSA, DTI etc since they had been advised by me previously that due to their non compliance they had commited an offence...anyway they then wrote to me and said that the agreement had "been lost" and they knew that it couldn't be enforced thru the courts. now my point is this, if they thought for one minute that there was a way around this, by going to court etc they would never have said this. and it is pretty clear with the wilson case that the law is on our side.

[me_n_my_kids]

i think u must be right. are you no longer paying this debt now?

[noomill060]

ecobabe- I think you can safely forget about this bunch of gangsters now. They know they cant enforce the debt now, and they know that you know. Result!

[noomill060]

But dont ever let them bully into making any more payments to them. This may be interpreted as acknowledging the debt, which you dont want to do.

 

Any more contact from them- get straight onto the authorities.

[me_n_my_kids]

i take it paying the debt in small amounts monthly before even sending the cca doesnt count as acknowledging the debt when it comes to having it written off after the cca? i hope that makes sense, im really tired lol

[noomill060]

breadline- make an appointment to see an advisor at your local CAB or try to get a half hours advice from a solicitor. Many will give you half an hour for a fiver.

 

With there being a mental health issue in your case, there could be Human Rights Act or Disability Act implications which would work in your favour.

[noomill060]

No- stop paying after the 12 working days from when they recieved your CCA request.

 

After 12 working days the debt is unenforcable but by continuing to pay you are acknowledging the debt exists.

[me_n_my_kids]

noomill060 do u have any knowledge on disputing a loan on grounds of duress? its something i am 100% sure i was forced into it, and i was even told untruths to get me to sign the form. maybe i need legal advise? first of all im going to write my cca letter see what comes of that

[noomill060]

But dont forget, the debt still exists, even if it is unenforcable. They need to go to court explain why they broke the law by not supplying you with a copy of the agreement and grovel to get the permission of a judge to start hassling you again though, so many creditors bottle it.

 

They dont like being on the recieving end of justice any more than we do!

[noomill060]

No, sorry peanut. You need advise from a professional.

[ecobabe]

i stopped paying it when they defaulted in july. and making paymnets before the cca is sent is not taken as admission of the debt, you were deceived into believing they had the legal right to collect it, as in had the correct paperwork, you were in a vulnerable state. at the end of the day even if they tried to say your payments were acknowledgement of debt they do not have the legal right to take this money or enforce this and have taken money from you by deception the legal term is something like 'taking pecuniary advantage by deception'. so stop worrying and just wait and see what thety send you back before doing anything else

[baileyboy]

Hi B ailyboy,

 

I do not, and dont think anyone else in here either, would encourage people to or try to find themselves a way to wriggle out of paying what they legitamately owe.

 

However, financial institutions produce very lengthy terms and conditions on the reverse of loan application forms, and on the front it will say "this agreement is covered by the Consumer Credit Act 1974 do not sign it unless you want to be legally bound to its terms. (or words to that effect).

 

They if we dont pay through hardship or whatever then issue a default notice in accordance with the same legislation. The Act is two way traffic and as we now know can offer us some protection.

 

All we are asking is show me a copy of the doc I signed and send me a statement. The repercussions that follow by not complying is there own fault.

 

 

Cheers

 

 

pj41

 

 

Hi PJ

I take on board what you are saying. There are so many twists and turns in this exciting thread, its just that I am of a cautious disposition and like to know what the end game result will be. Like to see where you land before you jump so to speak. There's no doubt in my mind that these financial muggers have caused a lot of debt and hardship amongst the public at large and any form of retribution is welcome. Its just that I read somewhere that the debt could become instantly repayable if you stopped payments, even if they are in default.. I will have to sit down somewhere quiet and get my head around this.

[JonCris]

noomill060 do u have any knowledge on disputing a loan on grounds of duress? its something i am 100% sure i was forced into it, and i was even told untruths to get me to sign the form. maybe i need legal advise? first of all im going to write my cca letter see what comes of that

 

Peanut it would help to know if the loan was given by your bank in order to help in whole or in part to consolidate an unauthorised overdraft which included penalty fees?

[JonCris]

Hi PJ

I take on board what you are saying. There are so many twists and turns in this exciting thread, its just that I am of a cautious disposition and like to know what the end game result will be. Like to see where you land before you jump so to speak. There's no doubt in my mind that these financial muggers have caused a lot of debt and hardship amongst the public at large and any form of retribution is welcome. Its just that I read somewhere that the debt could become instantly repayable if you stopped payments, even if they are in default.. I will have to sit down somewhere quiet and get my head around this.

 

If the CCA request is in default the debt cannot be enforced as follows:

Quote] Under s78 sub section (6) whilst the default continues you (they) are not entitled to enforce the agreement in law.

[paulwlton]

Barclaycard have been very quiet since i made my CCA request in early October, the only response i've had is a £12.00 charge because my latest Direct Debit instalment has not been paid.

 

I wrote back stating that i do not acknowledge any debt, that they've failed under their obligation to provide a copy of the original agreement and statement of account and that i believe they have commited a criminal offence.

 

An acceptable remedy to the above would be a refund of all payments that i've paid into the account within 28 days, if you do not comply i shall make a S-A-R under the Data Protection Act to retrieve this information then issue a claim for all monies paid.

[Mike220359]

I suspect that mental illness may be a total defence against any creditor's attempts to enforce the debt. In other words, it may be unenforceable.

 

But dont take any of this advice at face value, I suggest you see a solicitor and your doctor

 

Sorry to disallusion you i wish that were the case. I've been suffering with mental illness for over 30 years, some days good alot of days very bad. Its only with the drug therapies that have come on board in the last few years that have allowed me to function 'normally', whatever 'normal means!

 

And my lenders have all been aware of the situation but they (IMHO) don't give a toss. They just want their money back, or rather the money and the interest that they have applied.

 

In all my dealings with the MIB, I have never asked for the debt to be written off since whether I was ill or not I borrowed it, I have always gone for the interest that they have applied, unlawfully if they haven't applied the law correctly. This may sound like somantics to some and I'm just trying to pull a fast one, but no I agree with others if the MIB haven't aplied the law correctly, what gives them right to apply interest to a sum that I have borrowed.

 

The law is very clear on this, you must comply with the CCA fully to lend money, (withing the parameters prescribed by the act).

 

Mike