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Is My Agreement Enforceable - Useful


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Mine too

But back to business............PPI on car loan being investigated but this thing about admin charges??? I took a loan out with a now defunct yes car and they added admin fees. So I'm guessing thats a NO NO.

But with the section 31.thingy, is that applicable to all financial agreements? (note to self get your info to hand before posting) I got hit for broker fees, admin fees and this was on a hire agreement. anyone?

 

Cas

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hmm, spill chucker not working then DD:lol:

 

 

Nothing wrong with that PT, all three words are spelt correctly, although the grammar leaves something to be desired.

 

Much like my own :p

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Ya probably right, even the damn Spreadsheets are confusing as hell :confused:

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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dont want to get into a ward of words thanks

 

if the cap doesn't fit then don't wear it

 

thanks

 

Which 'ward of words' do you speak of? Sorry, you've lost me on that.

 

Diddy, you could have PM'd me or whomever you were upset about instead of launching into a public 'J'accuse' on this thread.

 

And I don't wear any caps, whatever that reference was about. Boy scouts? Uniforms? Not me; never have.

 

Case closed on this, for me, and back to the real businesss.

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Yeah, enough of this nonsense. Who cares anyway?

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hi You mention the CPUTR 2008, please can you tell me who I can complain tooif I feel the CPUTR have been broken ? is is OFT ?? thanks Lyla

 

Hi Lyla,

 

It is Trading Standards in the first instance for individual complaints, however they may provide just there usual standards of excellence and actually not do a lot.. I would personally keep on at them. Always worth a complaint to the OFT at the same time.

 

If its in relation to the Banking code then the people who supposedly administer the code are the BCSB (you can email them a complaint here: [email protected] However they will try and fob you off also so you'll need to respond telling them why the bank has breached the code and that it must be a general breach rather than just for yourself therefore they are not adhering to the code en masse rather than just individual cases.

 

The other thing is you can raise details of the breaches in claims against the banks/credit card firms.. so long as they are a signee to a code of practice they should adhere to it.

 

S.

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Hello all,

can any of you offer any advice on this application form for me please.

Thishttp://www.consumeractiongroup.co.uk/forum/mbna/187408-enforcable-please.html was for a Virgin MBNA card.

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hope someone can help got my old credit card agreement from mbna it does not show how much they charge for overdue payments or if you go over the limit is this agreement enforceable and can they still charge me for a missed payment

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Hi daisydeb - welcome to CAG

 

It's impossible to say if an agreement is enforceable without seeing it. Can you start a new thread & post up a copy of the agreement (minus your personal details) so that CAGers can give advice?

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hello

Please can someone have a look at what Amex have sent to my Husband in response to his CCA request.

 

http://photobucket.com/Zosaphine_Amex

 

His thread is here: http://www.consumeractiongroup.co.uk/forum/amex/208431-amex-statutory-demand-under.html

 

This relates to his Gold Credit card, they have not provided anything for his Platinum Charge Card, which also included his Flex Account..

 

They have yet to provide the documents further to his SAR request.

 

They have a Charging Order on our Home, and we have just applied to have their Statutory Demand Set Aside.

 

Can they apply for his bankruptcy when they have a Charging Order?

 

Advice urgently needed, and greatly appreciated..

Thanks

Z

Edited by zosaphine
link amended..hopefully it'll now work!
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Sorry, changed the album to public. Hopefully you can now see it.

 

Basically, my husband is a Company Director. In 2005/6, his company suffered a HUGE loss due to a bad debt, and the Company who owed them, went insolvent. To keep his business afloat & to avoid making redundancies, he had to take a massive salary cut. This really put us in the mire!

 

His credit file shows Amex had taken 2 xCCJ's against him (Gold card & Platinum Charge card) & threatened him with Charging Order. (This was before we had heard of this website). As far as i know, he didnt contest it, as he knew he had had the cards. However I subsequently found this site & advised him to look into his credit agreements etc..

 

The Land Registry Title Register state: (04.08.2006) Equitable charge created by Interim Charging order of the Brighton County Court dated 5 June 2006 in favour of American Express Services Europe Limited.

NOTE: Copy filed.

 

Paperwork from Brachers state they have a Final Charging Order, however the Title Registry does not state REGISTERED CHARGE.

 

Does this mean it wasn't finalised, or have they just not registered it?

 

I used to work for a Head Office of a Bank, so i've kind of been left to look at this, as Husband really doesn't understand anything of this kind of stuff. Saying that, i really am unsure myself, so I could use all helpful information/advice please.

 

Likewise, if anyone needs help/advice re a certain East Midlands bank..i'd be happy to see if i could help on that one :)

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hi Zos

have posted on ur thread but if you get the original judgments set aside, the COs will go with them.

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hi Zos

have posted on ur thread but if you get the original judgments set aside, the COs will go with them.

 

Thanks, just added some further info on the thread... so am i right in thinking.. they obtained the CCJ's, on the grounds their paperwork is in order, however if the Agreement subsequently isnt enforceable, they should not have been granted the CCJ/CCJ's & the subsequent CO?

 

Cant these be argued by us & re-moved/set aside?

 

Or am i getting my pants in a twist? :p

 

Any views/opinions on the documents they've sent to us as the alleged credit Agreement?

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Thanks, just added some further info on the thread... so am i right in thinking.. they obtained the CCJ's, on the grounds their paperwork is in order, however if the Agreement subsequently isnt enforceable, they should not have been granted the CCJ/CCJ's & the subsequent CO?

 

Cant these be argued by us & re-moved/set aside?

 

Or am i getting my pants in a twist? :p

 

Any views/opinions on the documents they've sent to us as the alleged credit Agreement?

 

If claims arent defended then no further proof is required other than the initial claim form, they win by default, the court will never see the paperwork or ask for confirmation its valid.

 

If the defendant then decides to challange this then they can apply for a set aside of the original CCJ (no matter what enforcement has gone on after, its the initial CCJ you need to set aside). However you will need a) Good reasons why you are applying for set aside now as opposed to defending the claim and b) a good defence to the original CCJ which I believe should accompany the set-aside application to show the judge you have a "reasonable chance" of success which I believe is the hurdle you need to get over.

 

S.

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