Unenforceability General Questions & Answers

[Never-In-Doubt]

Re: Unenforceability General Questions & Answers

It was me that suggested you go to FOS; yes. You can ignore the bank/dca for now. This is a regulated loan NOT a bank account hence complain to the FOS.

[Oldandblue]

Re: Unenforceability General Questions & Answers

Thank you for that. Needed to make sure I was doing things in right order

[PriorityOne]

Re: Unenforceability General Questions & Answers

[QUOTE=Oldandblue;343685]Hiya Don't have a clue what I'm doing been told to consider UE on bank loan
SAR and letter from bank. No paperwork account to old But this has been sold to CABOT they say not a loan it's a current account /overdraft not entitled to s77/79 Pay up
Also advised complain to FOS as bank turned this loan into an overdraft really need to get this right this time but its such a mess. So if I go for UE do I just ignore everything and see what happens Thanks[/QUOTE]

If there's no paperwork, then Cabot will have a problem substantiating the figures they've been sold..... regardless of what it is.

[MACO]

Re: Unenforceability General Questions & Answers

Hi, Ive being going along the the uninforceability rout with a natwest cc since October, as yet no cca, today I received a threatening letter saying they will take money out of my Natwest bank account if I don't pay up. Is this legal?
Thanks Maco

[The Tech Clerk]

Re: Unenforceability General Questions & Answers

Right of appropriation, get a new satalite account elswhere with a Bank not in the RBS group, and move everything now, that will stop them (empty your account now also)

[Never-In-Doubt]

Re: Unenforceability General Questions & Answers

As TCC says. They'll utilise Right of Set Off and take any funds...

[Enforcer]

Re: Unenforceability General Questions & Answers

Barclycard Raided my Account, Fos allowed this, s it was in the terms & conditions. Even though they the account is unenforceable.
Waiting to see if they try to do the same with my unenforceable advance account, no right of set off in T&C.

[MACO]

Re: Unenforceability General Questions & Answers

Hi Thanks for that, the problem is I have a personal account with them and my main business account, this has a 4k overdraft facility of which 2.5k is being used, are they able to take from the remaining 1.5k therefor increasing the amount I owe?

[Never-In-Doubt]

Re: Unenforceability General Questions & Answers

[QUOTE=MACO;375371]Hi Thanks for that, the problem is I have a personal account with them and my main business account, this has a 4k overdraft facility of which 2.5k is being used, are they able to take from the remaining 1.5k therefor increasing the amount I owe?[/QUOTE]Well then i'd not be going UE - not wise at all.

[MACO]

Re: Unenforceability General Questions & Answers

Hi Niddy, Thanks for that, I was beginning to think it wasn't a wise move, best pay up and shut up. thanks again, hope all is well Maco

[PlanB]

Re: Unenforceability General Questions & Answers

[QUOTE=MACO;375382] best pay up and shut up [/QUOTE]
Or change your banking facility?

[MACO]

Re: Unenforceability General Questions & Answers

Hi Niddy,
If i paid minimum payments for a couple of months whilst I sorted other banking facilities, would it be possible to start the whole process again?

[Never-In-Doubt]

Re: Unenforceability General Questions & Answers

Yea that'd be cool. How much do you owe the bank in question?

[MACO]

Re: Unenforceability General Questions & Answers

3.5K

[MACO]

Re: Unenforceability General Questions & Answers

Hi Niddy,
Thanks for all your help, Just thinking if I was to phone the CC and ask for time etc what would be the likely outcome? do you think they would freeze interest and except low monthly payments? if so do you think this would effect my bank accounts in any way, as they are with the same bank ie withdraw my overdraft facility?
Many Thanks
Maco