Is My Agreement Enforceable - Useful

[foolishgirl]

Either way I still won't pay. it is not legally binding to pay 1GBP as I did not agree to it in the first place.

 

Suspect you're not going to get your agreement then andrew. Isn't that called 'cutting your nose off etc'?

[SteveH2508]

Either way I still won't pay. it is not legally binding to pay 1GBP as I did not agree to it in the first place.

 

So, for the sake of 1GBP you are going to forsake the statutory protection of S77/78 whereby the failure to supply a copy agreement renders the 'agreement' unenforceable?

 

Rather you than me!

[the_shadow]

So, for the sake of 1GBP you are going to forsake the statutory protection of S77/78 whereby the failure to supply a copy agreement renders the 'agreement' unenforceable?

 

Rather you than me!

 

Quite agree SteveH

 

S.

[angry cat]

Either way I still won't pay. it is not legally binding to pay 1GBP as I did not agree to it in the first place.

 

What did you not agree to in the first place?

The Consumer Credit Act 1974 or;

the Credit Agreement.

 

In any event, you will need proof that a Credit Agreement exists therefore in your case perhaps a SAR would be a better option.

 

AC

[angry cat]

Why?

 

You can prove the £1 was sent for a CCA, you can prove they received it and cashed it and if they allocate that against the account so what.. You just need to remind them of their obligations and the requirements of s78.

 

S.

 

Quite So Shadow.

However, I have been thinking that perhaps there is another way;

send of the CCA Request minus the stat. fee;

the Creditor will then reply asking for the £1, stating that there is a statutory fee payable.

 

AC

[noomill060]

I just send a £1 Postal Order. You dont have to sign it and its as good as cash and sent by RD or Proof of postage, they cant deny receiving it.

[cadwallader]

Re post #739 - Surely refusal to comply with a s78 request in itself does not render an agreement unenforceable but in dispute, which only means collection activities etc cannot be pursued while in dispute. They may still have an agreement that is enforceable should they comply with s78 & thereby revoke the "in dispute" status.

 

C

Edited August 5, 2009 by cadwallader

[angry cat]

What did you not agree to in the first place?

The Consumer Credit Act 1974 or;

the Credit Agreement.

 

In any event, you will need proof that a Credit Agreement exists therefore in your case perhaps a SAR would be a better option.

 

AC

 

Or, is it the securitization that you did not agree to?

 

Or, that it was your signature that the bank bought and paid you££££££'s for it. Therefore there is no debt. You sold your signature to them, they paid you for it. The books are balanced?

Edited August 5, 2009 by angry cat

[foolishgirl]

 

Or, that it was your signature that the bank bought and paid you££££££'s for it.

 

Was that the one that was accompanied by your soul?

[diddydicky]

ah! soul

[N.P]

Either way I still won't pay. it is not legally binding to pay 1GBP as I did not agree to it in the first place.

 

 

You did agree in the first place when you signed your agreement, which was regulated under the CCA 1974.

 

If you expect any kind of protection from the CCA 1974, you, yourself must go by the word of the CCA 1974, including the £1 fee Section 77 & 78.

 

Just pay it, you tight arse, and let`s move on in the world.

[diddydicky]

i think andrew, what everyone is getting at is that if you want the folk on the forum to help you, you will need to accept that the only way you are going to get anywhere with the creditors or dca's is to play by the rules that exist in the real world and not some doctrine of chairman Nuke em or whoever is filling your head with the details of the revolution that will never happen (well not before you have sorted your cca's out anyway)

[angry cat]

The statutory fee is complete fraud. I will not pay it. Admiralty law does not require you to pay it at all and that is what I go by.

 

Well, I have run this by someone who should know;

the answer was;

who's been on the Rum.

 

Sorry andrewdm, but if you beileve the above is founded on Admiralty Law, please provide the proof.

 

No offence intended.

 

AC

[Scouserlad]

Hi

 

Can you please take a look at my link http://www.consumeractiongroup.co.uk/forum/lloyds-bank/210240-john-lloyds-tsb.html Lloyds tsb have passed it to a debt cellector since i sent a cca request

 

Thanks

John

[andrewdm]

well all gov'ts look at Admiralty Law as it is the basis from what I understand. I still refuse to pay the 1Pound charge as I have never heard of it and if so it should be mentioned. On top of that a contract is legally binding when two people sign it not just one. A corporation cannot sign contracts and if in dispute it is up to them to prove to you that they are in the right. To demand a pound is absurd. Banks are fraudulent. I do need to read some more yes but also people need to read further and think about what it is you are doing. Falling into their game or standing ground and fighting which includes not paying the so called 1GBP charge. People have been helpful to s certain degree in both ways both disrespecting and respecting.

 

 

So, for the sake of 1GBP you are going to forsake the statutory protection of S77/78 whereby the failure to supply a copy agreement renders the 'agreement' unenforceable?

 

Rather you than me!

 

By the way I've been sending recorded delivery letters asking for for 3 things one being the copy of contract. HSBC the party I started getting an understanding never asked for the 1pound but stated things. Now companies who lend may ask for it but it is not enforceable. You can choose to pay it or not. I choose to not as I am in dispute with them. They are the ones who lend money out so if they want the money they need to prove to you they have a contract with you. We have the upper hand as much as it seems they do. look at it that way. Look at it from a legal perspective whether there is one pound or not. What has to be proven is a contract exists between two parties. If there is no contract produced then case closed. They can't enforce it. More later but the help so far has been alright. Keep options open and look at all angles not just what supposedly right oh pay one pound for a copy of contract as it is a statute. Not law a statute.

Edited August 8, 2009 by andrewdm

[The GodMother]

I just send a £1 Postal Order. You dont have to sign it and its as good as cash and sent by RD or Proof of postage, they cant deny receiving it.

 

 

They can say they did not recieve it but normally it does not get them far.

[diddydicky]

well all gov'ts look at Admiralty Law as it is the basis from what I understand. I still refuse to pay the 1Pound charge as I have never heard of it and if so it should be mentioned. On top of that a contract is legally binding when two people sign it not just one. A corporation cannot sign contracts and if in dispute it is up to them to prove to you that they are in the right. To demand a pound is absurd. Banks are fraudulent. I do need to read some more yes but also people need to read further and think about what it is you are doing. Falling into their game or standing ground and fighting which includes not paying the so called 1GBP charge. People have been helpful to s certain degree in both ways both disrespecting and respecting.

 

 

 

 

By the way I've been sending recorded delivery letters asking for for 3 things one being the copy of contract. HSBC the party I started getting an understanding never asked for the 1pound but stated things. Now companies who lend may ask for it but it is not enforceable. You can choose to pay it or not. I choose to not as I am in dispute with them. They are the ones who lend money out so if they want the money they need to prove to you they have a contract with you. We have the upper hand as much as it seems they do. look at it that way. Look at it from a legal perspective whether there is one pound or not. What has to be proven is a contract exists between two parties. If there is no contract produced then case closed. They can't enforce it. More later but the help so far has been alright. Keep options open and look at all angles not just what supposedly right oh pay one pound for a copy of contract as it is a statute. Not law a statute.

 

boy, when one of them gets you to court you are going to be in for one hell of a (expensive) shock

 

i would be surprised if you do actually have any agreement to challenge and i suspect that you are just on here to promote the anti establishmente crusade

 

if i am wrong and you are genuinely challenging your debts then it's a fair bet you are going to have some pretty rude awakenings in court!

[diddydicky]

I just send a £1 Postal Order. You dont have to sign it and its as good as cash and sent by RD or Proof of postage, they cant deny receiving it

 

it would be wise to endorse the back

 

"payment for CCA s78 request"

 

otherwise they may simply say "ta very much" and pay it into you account as a payment towards your account!!

[steven4064]

... and, as someone else ponted out, they may then claim you made a payment, which could be annoying if there was a limitation issue

[Fester Tester]

This thread doesn't seem to be much help. I only wanted a bit of advice about an agreement, and all it is is bickering about a stupid POUND **EDITED**.

Edited August 9, 2009 by car2403
Removing offensive wording

[foolishgirl]

This thread doesn't seem to be much help. I only wanted a bit of advice about an agreement, and all it is is bickering about a stupid POUND **EDITED**.

 

The point of an open forum festertester is that anybody can post anything they see fit (within the rules of decency etc) & how others respond is entirely up to them. Sometimes arguments like this bring awareness & increase the debate on issues that may lead to progress being made for all consumers. So although you may not find these recent posts of interest, others might - it's called the democratic process.

 

If you have a particular point to make or question to ask in relation to your own problems, I suggest you start a new thread in the appropriate forum & you might get the help you are looking for.

Edited August 9, 2009 by car2403
Quotes edited post

[car2403]

This thread doesn't seem to be much help. I only wanted a bit of advice about an agreement, and all it is is bickering about a stupid POUND **EDITED**.

 

Please read the forum rules before posting again.

[spinderella]

Dodgy CCA request?

 

Nat West responded to my CCA request 10 days over deadline. The document sent is according to them a "true copy". There is no signature on the form, only an annual APR and the T&C section supplied look different to the original versions sent.

 

The original agreement was for a unsecured loan for £6.5K taken out in April, 2005.

 

Do I smell a rat? Is this loan unenforceable due to lack of signature, re-hashed T&C plus non specific APR?

 

Many thanks if anyone can shed light on this on.

 

By the way, I've not heard anything again from Triton or Nat West since this letter.

 

Apologies if posted in the wrong area.......

 

Stay tuned,

 

 

spinderella

Edited August 9, 2009 by spinderella

[rapidres]

Hi to all.

 

I am just starting off the process to see if my credit card is unenforceable or not. I have two credit cards taken out before 2007, MBNA and CapitalOne, has anybody had any success against these companies and are there any under handed tricks that they employ.

 

I have started to use a company that claim they can get the debts wiped clean, they have contacted myself saying that MBNA have not replied with a CCA, (I am only doing one at a time) I have not committed myself to take it to the next stage. I am just wondering how successful the people on this forum have been and has anybody used any such companies.

 

Regards.

[car2403]

Hi Rapidres,

 

Not sure why you'd ask questions here if you have a company managing it for you? Shouldn't they be dealing with that for you?

 

If you start a new thread, in the relevant forums, for each of those companies, we can offer some support along the way - help in my signature (beginners guide) if you need some help.