DCA Help

[billypre]

Re: DCA Help

I'll put your mind at rest for you.

It's unenforceable so stop stressing!!

[KittyCat1]

Re: DCA Help

Really???Are you sure???I mean,it looks pretty enforceable...

[swanfan]

Re: DCA Help

Really???Are you sure???I mean,it looks pretty enforceable...

Hiya Kittycat

If Niddy says its unenforceable it is, trust me he knows what he's talking about.

[Never-In-Doubt]

Re: DCA Help

Really???Are you sure???I mean,it looks pretty enforceable...

I'm quite sure, its definitely not enforceable - that much I promise you!

Wanna know why? Well other than the fact the figures don't add up?

1. They've added separate 'fees' to the total price and included it within the main finance APR (big no-no);
2. They have done the same with the creditcare insurance, it should be listed separately with its own repayment schedule (ie prescribed terms);
3. The prescribed terms are not intact and there should be 3 versions, one for the loan, one for the creditcare policy and one for the fees;
4. There are no 'linked terms' for any of the three points above (linked being imperative);

So, what do you do now? Wait until I edit the above template to reflect the fact they've sent you this nonsense!

[Never-In-Doubt]

Re: DCA Help

Basically, send this back to DLC: ---> CCA Query - Missing Prescribed Terms

We never go into detail with them and tell them "what" they've done wrong, or they just create a recon using our free advice, against you!Therefore the above template is suffice for the purposes contained, you will not be paying this debt back so stop worrying!

It's

[KittyCat1]

Re: DCA Help

Thankyou for taking the time to look at all of this.So you really believe this is unenforceable.Even though they've produced a signed agreement your basically saying the terms and conditions are incorrect so it is worthless,is that right?They do say that they would supply a full copy of the agreement to a judge,but am i right in saying that would be worthless too as the terms are incorrect?

[Never-In-Doubt]

Re: DCA Help

Thankyou for taking the time to look at all of this.So you really believe this is unenforceable.Even though they've produced a signed agreement your basically saying the terms and conditions are incorrect so it is worthless,is that right?They do say that they would supply a full copy of the agreement to a judge,but am i right in saying that would be worthless too as the terms are incorrect?

Are you going to question me all the time or start to trust me?

It is unenforceable, you obviously have the wrong interpretation if you think a signed form makes something legal - it does not. There are strict guidelines advising lenders how to formulate an agreement, I explained why it was unenforceable in my last post - no matter how many times you ask, it's still unenforceable!

It has nothing to do with "terms" - moreso, Prescribed Terms (see here:---> The Prescribed Terms )

Just go with the flow. There's more chance of you winning the lottery than ending up in court over this!

[KittyCat1]

Re: DCA Help

Ok,no probs,thanks,i'll get the template letter off asap. Would you advise i hand write this as all previous correspondence has been hand written,or should i print it off?

[Never-In-Doubt]

Re: DCA Help

Ok,no probs,thanks,i'll get the template letter off asap. Would you advise i hand write this as all previous correspondence has been hand written,or should i print it off?

Print it off! No more handwriting

Stop worrying, it'll be fine - plus you handed the car back thus resulting in termination, can I ask - how long did you have the car for?

[KittyCat1]

Re: DCA Help

It was so long ago now,must have only been for about 6 months if that,definately less than a year.

Thankyou so much again for looking at this for me.

[Gerry]

Re: DCA Help

kitcat1

Just a wee reminder incase you missed that part that niddy told you to sign digitally. Good Luck.

Gerry x

[KittyCat1]

Re: DCA Help

Just a quick update.Posted the letter this morning.If/when they reply i'll let you all know what they say.Thanks again for all your help so far.

[KittyCat1]

Re: DCA Help

Just to let you know i havn't heard anything back from them yet.Thought they would of replied by now, not that i'm complaining mind you! Just a quick question, if they don't reply by the 14 days, what then? Is there a follow on template letter to send or..

[Never-In-Doubt]

Re: DCA Help

Nope. Ignore it....

[KittyCat1]

Re: DCA Help

Just sent you an email Niddy,if you could take a look at it for me that would be great.Its a copy of a letter i received this afternoon from them claiming everything they've sent is enough to comply with the CCA.