I am sure with £6500 wiped off his debt he wil be able to afford some Savlon........roud:
f'ckin hahahahahahhhahahahahahahhaha
no honestly fckin hahahahhahahahahahahahahahhahaah
unenforceable credit agreements
- Thread starter emarald
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f'ckin hahahahahahhhahahahahahahhaha
no honestly fckin hahahahhahahahahahahahahahhahaah
Corporates
Inactive User
I applaud emerald on this, my former girlfriend was up to her eyes in it, years before she met me i must add. She lost her home because the mortgage lender agreed to give them more than she could afford, lost her job (because she had do be financially morally clean for who she worked for).
She has 2 children, but the banks evicted her, despite the fact that it was her ex husband who had run up debt, all the cards were in her name as she was the main breadwinner, they almost drove her to suicide twice with their harassment and demands. So, she has to be paid for by the state, and her children too, and when the cheeky debt collectors asked for money it was £15,000.
As soon as she agreed to try pay it back, all of a sudden it had jumped to £46,000 as they had made an error, error my ass.....They are greedy and banking is just a way to enslave the masses, money is NOT real!.
I think digidude said it in an earlier post that what cash you have in your hand is the only thing you can bank on, the rest is just electronic, it doesnt exist, how do you think the bank of england can pump billions into an economy from nowhere?
Google zeitgeist, or zeitgeist addendum, it is mainly american, but you will get the point of the banking system, once you watch it all then make an informed choice, either be a slave to the banks or not, they are the real task masters in conjunction with the masterminds of the world.
Just look at the number of hits this thread has, that should tell us all something, even in just this forum.
Sermon ended.
Regards
Corporates
She has 2 children, but the banks evicted her, despite the fact that it was her ex husband who had run up debt, all the cards were in her name as she was the main breadwinner, they almost drove her to suicide twice with their harassment and demands. So, she has to be paid for by the state, and her children too, and when the cheeky debt collectors asked for money it was £15,000.
As soon as she agreed to try pay it back, all of a sudden it had jumped to £46,000 as they had made an error, error my ass.....They are greedy and banking is just a way to enslave the masses, money is NOT real!.
I think digidude said it in an earlier post that what cash you have in your hand is the only thing you can bank on, the rest is just electronic, it doesnt exist, how do you think the bank of england can pump billions into an economy from nowhere?
Google zeitgeist, or zeitgeist addendum, it is mainly american, but you will get the point of the banking system, once you watch it all then make an informed choice, either be a slave to the banks or not, they are the real task masters in conjunction with the masterminds of the world.
Just look at the number of hits this thread has, that should tell us all something, even in just this forum.
Sermon ended.
Regards
Corporates
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Corporates
Inactive User
If it is an unenforcable agreement.
why would you want to agree to something unfair? Or perhaps that's what most people are happy doing, i dunno, seems obvious to me, but not to so many others because we are being enslaved to work and work and work...just to pay debt....and to who? The elite..banks
My mum never worked, my father did, they never had any debt in their lives.
Todays society thrives on debt, and usually both husband and wife have to work, because they are enslaved into buying the new shiny things that the next door neighbour has, or the advertisers tell us we must have.
Time to wake up.
Regards
Corporates
crackerchalk
Inactive User
What you do is read the thread through
Im doing it atm just sent the 4th letter explaining why mine is unenforceable
And as i said before i was paying it till this was brought to light
It was crippling me cos they kept changing the intrest rate and terms
Rate had gone up 5% from when i started the card never realized either
Luckiley emerald helped me out :Clap:
edit
And heres another good reason for payback to the banks
https://www.digitalworldz.co.uk/index.php?threads/218192/
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emarald
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Ask, send a letter with a £1 POSTAL ORDER, RECORDED, DO NOT SIGN LETTER BUT PRINT NAME.
When paperwork arrives contact me and I will tell you if it is unenforceable and why
Your address
Banks address
Date xxxx 2009
Dear Sir/Madam
Account No. xxxxxxxxxxxxxxxxxxxxxx
With reference to the above agreement I would be grateful if you would send me a copy of this Credit agreement and a full breakdown of the account including any interest or charges applied. I Understand that under the Consumer Credit Act 1974[ section 77-79]; I am entitled to receive a copy of any credit agreement and a statement of account on request. I enclose a payment of £1
Which represents the fee payable under the Consumer Credit Act 1974.
I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.
I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.
I look forward to hearing from you
Yours faithfully
emarald
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If you were issued the card before April 2007 and the agreement is unenforceable for some reason the answer would be yes
emarald
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This a gray area and test cases are ongoing now.
There are many reason for unenforceable agreement
As for the default that affects your rating they need to be very careful,if they have no agreement then no default, if they have an unsigned agreement then no default an illegible copy of an agreement no default, but an agreement that does not contain the prescribed terms would be unenforceable , but a default could be registered
In all probability the lender will plough on and register a default regardless.
In theory you only give your consent for the lender to share your information in the form of a properly executed and signed credit agreement.
In reality they will continue to register your information with the credit referencing agencies whether they have a properly executed agreement or not.
emarald
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Then send them this letter
If they fail to remove it then' claim damages
Dear Sir
After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against an account in my name.
Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.
2. You must supply me with a signed true and certified copy of the original default notice
I would request that this data is provided to me within the next 14 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.
Your missing my point.
You have already requested a copy of the agreement.
They supplied you with something which does not constitute a properly executed agreement. At this point you dispute the account and stop making payments.
They will send you a default notice and register the default with Equifax/Experian.
When you succesfully prove the agreement unenforceable in court they will refuse to remove any defaults placed on your credit file.
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emarald
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Correct if they default you and you ask for it to be removed and they refuse, claim damages, because the first thing they will need to produce to the Judge is a copy of the original sign agreement with all the terms and conditions giving them permission to disclose information to a third party, and if they fail to do that you have a compensation claim end off
emarald
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No
Let me try and explain this in simple terms
1)NO AGREEMENT = No default -why ?- because they have nothing signed
2)UNSIGNED AGREEMENT= No default- why- because they have nothing signed
3)AN ILLEGIBLE AGREEMENT=No default-why- Unable to read what was signed so how can they show you have signed an agreement.
An agreement signed,and legible,allows them to pass your information onto a third party because they can show you agreed to this, but because the agreement did not contain the prescribed terms, the Court are unable to order you to pay the money back, it does not mean you do not owe this money, only that the Court are unable to order you to pay it back.
This is the gray area, hope you now understand.
Points 1,2 and 3 are not the prescribed terms
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You stated that if the lender produced a copy of the original agreement which was signed and contained "all the terms and conditions" (by which I assumed you meant the prescribed terms) then they would be within their rights to place a default on your credit file.
That implied that if they produced an agreement which did not contain the prescribed terms then they would be unable to.
Another point worth noting is that although the lender is only obliged to provide the debtor with a copy of the agreement, they must produce the original in court.
With regard to the above it might also be worth having a read at this.
Bank of Scotland v Mitchell case 1st June 2009
BoS tried claiming signed application form as valid credit agreement but withdrew the claim on day of hearing.
The judge slaughtered BoS and accused them of "abuse of process".
Costs were awarded to the defendant and Judge ruled that any defaults be removed.
Might not such a grey area after that. __________________
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