Is My Agreement Enforceable - Useful

[foolishgirl]

This is 1273's thread:

http://www.consumeractiongroup.co.uk/forum/legal-issues/215196-monument-cca-correct.html

 

However you need to upload your attachments again 1273 as the originals have been removed as they contained your personal details. It is not wise to post personal info on an open forum.

[foolishgirl]

Yw

[foolishgirl]

Hi Justin - welcome to CAG

 

Firstly, I'm not sure what the bottom paras of your post are about - is it supposed to be your signature? If so, you need to input this info into your personal details on your user page.

 

Re. your debts: If you want specific advice on each one, suggest you post the individual query in the relevant forum, this thread is so large it will get lost here & you may not get the dedicated help you want.

 

In general, particularly with your MBNA debt & bearing in mind you don't want a default, if you pass it to sols. it is possible that they may advise stopping payments which will automatically trigger a default on your credit file. Also they will, almost certainly, take a protracted time to resolve the issue & you may end up 'giving' them any recovered funds (or even worse, owing them money, depending on your contract). Not sure what they are hoping to reclaim for you but basically you should only be prepared to recover unlawful charges & assoc. interest (eg. over limits, late payments etc), interest on the capital you have used is not included in a claim like that.

 

Everything they can do for you, you can do for yourself with a little bit of time spent on research with the help you will get on here. Think very carefully before you sign up with any of these so called specialists.

 

You can start any of your investigations/claims by sending for a copy of your CCA (cost £1.00 only!), post it up (minus your personal details) & CAGers will help you determine if it is enforceable & your actions thereafter.

[foolishgirl]

Thanks for that, very helpful. Not sure where the stuff at the bottom came from - not me!

 

If these weren't your comments, you should report the post to a mod - click on the red triangle at the bottom L of your post.

Going to try doing Cap One myself.

 

MBNA is also a possibility too - look in the MBNA forum for how to tackle it

 

Thanks for your time and assistance! Justin Tyme

 

YW

 

 

FG

[foolishgirl]

Thanks car & CB - thought we'd got aliens at work!

[foolishgirl]

Hi minmac - welcome to CAG.

 

So sorry to hear of your dad's woes but hopefully you will be able to offer him some help with his debt burden in due course.

 

When you get the CCAs, start a seperate thread for each one in the appropriate forum & post up whatever they send you (minus the personal details). I'm sure you will get lots of help from CAGers.

[foolishgirl]

Look at your statements swlabr - you may find charges listed such as 'late payment fee', 'overlimit fee' etc. These are the unlawful charges & can be reclaimed.

 

If you haven't got all your statements you can send a SAR (cost £10.00), template here:

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

 

You may also find this guide useful on reclaiming:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

And please don't forget a donation to the site that helped you - CAG - when you get your refund

[foolishgirl]

Maybe I confused myself but I was reading the post as saying you could only dispute the account (backed by an unenforceable agreement) as long as it included unlawful charges.

 

Not sure which post you mean but you should put the account 'in dispute' in writing if they don't send you an agreement within the 12+2 days. It is then up to you if you wish to withold payments until they produce an agreement but be aware that they may default you & take legal action on the debt.

 

The balance of the account is disputed if it contains the unlawful charges but you can't withold payments on that basis; the correct action is to make a claim for them, backing it up with legal action if necessary.

[foolishgirl]

If MBNA is the first to 'wilt' so to speak after only asking for a copy agreement the default on my file for the whole sum could actually be quite a useful deterrent to others to demonstrate no funds available and maybe others may follow suit !

 

Hmm, don't count your chickens captain. MBNA in particular have a habit of coming back to bite you just when you least expect it.

 

You also have to be very sure before you stop making payments to creditors that they have no enforceable agreements or you could land up in court with additional fees etc. added to your debt & then eventually be made BK anyway.

[foolishgirl]

Hi k488

 

It is difficult, if not impossible, to give an accurate assessment of your agreement without seeing it.

 

I suggest you start a new thread in the appropriate forum for this & post your agreement minus the personal details, then post a link to the thread here. This thread is so big you are in danger of your questions getting lost.

[foolishgirl]

I have just been sent an agreement from santander formlely mbna, which belongs to someone else!! It had all her details on! Data protection springs to mind.

 

Report it to ICO saffy. More importantly have they sent you your agreement?!

[foolishgirl]

The Information Commissioners contact details are here:

Information Commissioner's Office - ICO

 

You need to write in with your complaint.

 

I suggest you also contact Santander & point out that (a) they have breached DPA & (b) they are in default of your S77/78 request under CCA1974 & that you expect them to comply within 7 days.

[foolishgirl]

Hi tartanblood - welcome to CAG.

 

This link may help you find your way around the forum. Just remember to start your thread in the most appropriate forum for your query.

How Do I....? A Dummies Guide to the Forum - Consumer Wiki

[foolishgirl]

just received this from link re an abbey loan

 

i'm pretty sure it's SB'd but it would be nice to have something else as back up

 

Can't make it out - was it signed in 2001 or 2007 gaznkaz? Also when did you last make a payment or otherwise acknowledge the debt?

[foolishgirl]

Go to 'Post Reply' at bottom LH of page. You get a new box up. On the toolbar you'll see a paperclip & arrow. Browse for the file you want to attach. Post your message with attachment.

 

Useful link:How Do I....? A Dummies Guide to the Forum - Consumer Wiki

[foolishgirl]

You may be able to amend this template to your needs:

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

[foolishgirl]

IMO they want to 'recreate' an agreement with a copy & paste signature dmp. Almost postive proof they don't have an agreement.

Don't go anywhere near an HSBC branch with your signature & don't sign anything - not even a letter to them!! Print or use a digital signature.

 

Have you ever applied for a copy of your agreement under S78? May produce an interesting result

[foolishgirl]

You are entitled at any time to apply for a copy of your agreement under S78 of the CCA1974. It costs £1.00. You would need to send a PO (not a cheque), letter of request (no signature-see previous post) & send by Rec. Del. They have 12+2 days to produce it.

The template is here:

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

When you have received it, start your own thread, post it up (minus your personal details) & CAGers will tell you whether they think it is enforceable in law. If it is not enforceable, you choose how to take it from there depending on your circumstances eg. as to whether you continue to pay them but be aware that if you stop payments they may take you to court & you would have to prove that the agreement was not enforceable.

However even if you continue with debt management payments they may still take you to court at some point in the future but you may want to leave that bridge until it breaks instead of taking an axe to it at this time.

 

A simple S78 request should not rock the DMP status but you may prefer to leave it until you have your plan agreed.

[foolishgirl]

Hi alina

Which contract? Can you start a new thread on your specific problem stating all the details & actions to date? (minus any personal info of course) Suggest you post in the Lloyds forum where you might get more help than on this long thread here.

Lloyds Bank - The Consumer Forums

[foolishgirl]

where there are lots of companies, which promised to check the credit agreement and give certificate, if they found the agreement is unenforceable. It will be cost up to £300. But we aren’t sure if it is worth.

 

:eek: It most definitely is not worth it!!

 

Start your own thread in the Lloyds forum, post up a copy of the agreement you have (minus personal details) & put a link to it on this thread so it can easily be followed by CAGers.

[foolishgirl]

Thanks for advice. I’ll post it as soon as I receive all document back from Ombudsman.

 

Why has the ombudsman got your agreement??

[foolishgirl]

They won't change the payment date as we requested because they say it's set in stone

 

Sounds like a lazy customer service oppo's fob off to me. Ask to speak to a supervisor or put it in writing.

[foolishgirl]

in fact, a little bit of wee even came out!

 

ahhhhhhh yess brings back memories of short trousers and wee running dowm my leg as the local village bobby clipped me around the ear for throwing stones at the street lights!!

 

Yuk, too much info, guys!!

[foolishgirl]

Hi

 

Have a look here http://www.consumeractiongroup.co.uk/forum/general/187938-interested-apr-fees-how.html

 

 

Thanks Peter, that's a great post. How did I miss it for so long?!

[foolishgirl]

What type of agreement is this zosaphine - credit card, loan, overdraft?

 

If it was either of the first two, unless your agreement was signed pre-1974, it is most definitely regulated by the CCA1974.

 

Suggest you write back & tell them they are talking rubbish & that they should seek legal advice. Quote S77/78 at them re. responding within 12 days & that until they provide the agreement, they cannot enforce the debt i.e. they can't have the money they are asking for. Also state you will be reporting their comments to the OFT.

 

Of course, they may respond by making a CC claim in which case you will have to be prepared to defend & then they will have to produce the agreement. More likely they will run off with their tails between their legs i.e. return the account to the OC.