Unenforceability General Questions & Answers

[Never-In-Doubt]

[B]Unenforceability General Questions & Answers[/B]

Are you new to our forum, new to unenforceability or just want to ask a question prior to starting a diary? if so then this is the place to start.

Unlike the main diaries, this section will be run by the mods that manage the diaries on a daily basis so you'll find the likes of Deepie, MrsD and Pixie managing this thread and responding to most queries. However everyone will pop in and try and help, but all we ask is that you bear in mind this is a general chatter thread so try not to start a diary based on the content here as it'll have many opinions, some unchallenged and others against the tried and tested process we usually follow.

That doesn't mean the info is wrong, just different views. That's all.

So, with thanks to the mods that will keep an eye on this thread, and to all posters who want to ask a question. On that note - I'll bugger off and leave them to get on with things.

Thanks Guys :beer

[MrsD]

Re: Unenforceability General Questions & Answers

ask away!!

[Never-In-Doubt]

Re: Unenforceability General Questions & Answers

[QUOTE=evenlessdopey;110730]ask away!![/QUOTE] can you tell me the provision of unenforceability after April 2007 and in particular the changes that affect s.127 and the effect such repeals have on my claim, assuming I had an account from 2009?

Thanks Mrs D :rotf :rotf :rotf

* Guess you're not gonna be so keen to respond are you :rotfpmsl

[MrsD]

Re: Unenforceability General Questions & Answers

bugger off you, think Swanny will be along any time and S127 appeals are his specialiality!

[nightwatch]

Re: Unenforceability General Questions & Answers

can any one explain s127, in basic terms,pertaining to Debts/ CC taken out between 1996/2002
Please and thank you

NW xx

[Deepie]

Re: Unenforceability General Questions & Answers

[QUOTE=Never-In-Doubt;110731]can you tell me the provision of unenforceability after April 2007 and in particular the changes that affect s.127 and the effect such repeals have on my claim, assuming I had an account from 2009?

Thanks Mrs D :rotf :rotf :rotf

* Guess you're not gonna be so keen to respond are you :rotfpmsl[/QUOTE]

If you are in receipt of an improperly executed agreement made on or after 6[SIZE=2]th[/SIZE] April 2007, it does not automatically mean that you would not have a fighting chance in arguing that the agreement should not be enforced. Instead of being irredeemably unenforceable they are enforceable only on an order of the court.
If you agreement is unsigned and undocumented, it is improperly executed and the creditor would have to apply to the court for an enforcement order.
The provisions relating to these discretionary enforcement orders can be found in s127. Sections 127(1)(i) and (ii) state the court shall dismiss an application for an enforcement order if, but only if, it considers it just to do so having regard to:[LIST][*]The prejudice caused to any person by the contravention in question and the degree of culpability for it[*]Its powers under s135 to impose conditions on, or suspend, any order it makes, and its powers under s136 to vary or amend an agreement[/LIST]Also, under s127(2) the court can, when making an enforcement order, if it considers just to do so:[LIST][*]Reduce or discharge any sum payable by debtors or hirers to compensate them for any prejudice they have suffered[/LIST]This means the court could allow the agreement to be enforced subject to conditions, allow it to be enforced unconditionally or refuse to allow it to be enforced at all.
:beer

[Never-In-Doubt]

Re: Unenforceability General Questions & Answers

[QUOTE=nightwatch;110739]can any one explain s127, in basic terms,pertaining to Debts/ CC taken out between 1996/2002
Please and thank you

NW xx[/QUOTE] ---> [url="http://forums.all-about-debt.co.uk/showthread.php?t=276"]UPDATED - A Full Guide to Unenforceability - allaboutFORUMS[/url]

or check our website :lol

[Never-In-Doubt]

Re: Unenforceability General Questions & Answers

[QUOTE=in 2 deep;110742]If you are in receipt of an improperly executed agreement made [/QUOTE] Smart arse - but good answer :clap :clap

* you're good at copy/paste though :rotf

[MrsD]

Re: Unenforceability General Questions & Answers

[QUOTE=in 2 deep;110742]If you are in receipt of an improperly executed agreement made on or after 6[SIZE=2]th[/SIZE] April 2007, it does not automatically mean that you would not have a fighting chance in arguing that the agreement should not be enforced. Instead of being irredeemably unenforceable they are enforceable only on an order of the court.
If you agreement is unsigned and undocumented, it is improperly executed and the creditor would have to apply to the court for an enforcement order.
The provisions relating to these discretionary enforcement orders can be found in s127. Sections 127(1)(i) and (ii) state the court shall dismiss an application for an enforcement order if, but only if, it considers it just to do so having regard to:[LIST][*]The prejudice caused to any person by the contravention in question and the degree of culpability for it[*]Its powers under s135 to impose conditions on, or suspend, any order it makes, and its powers under s136 to vary or amend an agreement[/LIST]
Also, under s127(2) the court can, when making an enforcement order, if it considers just to do so:[LIST][*]Reduce or discharge any sum payable by debtors or hirers to compensate them for any prejudice they have suffered[/LIST]
This means the court could allow the agreement to be enforced subject to conditions, allow it to be enforced unconditionally or refuse to allow it to be enforced at all.
:beer[/QUOTE]

SWOT!!!:rotfpmsl:rotfpmsl:rotfpmsl

[garlok]

Re: Unenforceability General Questions & Answers

The beauty of section 127 in its original form was always that the court could not rule in the creditors favour if the agreement was not compliant. Now of course, I have always seen this as weakening the position of the consumer, it becomes at the discretion of the court. This makes it harder to prove that the breaches reach to the "heart of the agreement/contract".

As we have seen in several cases the rulings are perverse at times and I even found one which although little reported the district judge had mixed up the two pre and post but corrected it in the summaries.

regards
Garlok

[swanfan]

Re: Unenforceability General Questions & Answers

[QUOTE=evenlessdopey;110732]bugger off you, think Swanny will be along any time and S127 appeals are his specialiality![/QUOTE]
As well as translating Scottish words. :rotfpmsl

[MrsD]

Re: Unenforceability General Questions & Answers

aw Swanny you are a lovely wee bunch of scouring cloots!!!!

[Deepie]

Re: Unenforceability General Questions & Answers

There has been a few questions asked about Egg selling to Barclay's and the implications, that if people have an account with Barcley's & a C Card with Egg. Do they have to move Bank account's ? :hmm

[swanfan]

Re: Unenforceability General Questions & Answers

There is a chance they can offset any debt owing to egg so imo i'd say it'd be wise to open a bank account elsewhere.

[B][COLOR=#508fcc][B]What is the Right to Offset?[/B][/COLOR][/B]

If you have a current account, but also have a loan or a credit card with the same bank, that creditor at anytime can apply what is called the Right to Offset which means that they can take any income paid in the current account to pay off the other debts. They can do this without permission and can legally do this whenever they want.

As long as you are maintaining your full contractual payments for your debts then there would be no reason why your bank would need to take funds to repay the debts. If you are looking into a DMP, IVA or Bankruptcy then you need to open a new bank account as soon as you can and get your funds transferred into your new account. If you are making you own arrangement with your creditors and offering reduced payments, again opening a new bank account would be beneficial, just to be on the safe side

[garlok]

Re: Unenforceability General Questions & Answers

I would always now advise having a "parachute" account at a bank totally unrelated or connected with the bank where you have credit cards or anywhere within the parent company's possession. The final straw for us after two years of battle having informed them of my illness and the potential for a future problem (trying to be reasonable) and struggle keeping [B]everything fully up to date[/B], the bastards at Barclays stripped our business account up to and above its overdraft limit and tried to charge us for the privilege. Now they can rot in hell and haven't had one penny on the cards since my final warning and offer to come to the table other than by their own stupidity accepting a 10% F & F on the OD and business loan. Solicitors were involved and all accounts have been declared unenforceable, so they WILL act in a criminal way given half a chance.

Always but always have your day to day banking elsewhere now.

regards
Garlok