Blank signature space

[Boltmaker]

Hi all

Just a quicky. Have received aCC agreement from 1996 which shows no signature for and on behalf of the bank, the space for their signature is completely blank. Is this therefor UE

[Boltmaker]

Re: Blank signature space

Bank coop, no credit amount or interest rate shown on agreement. No payments since 2009. Been thru 3DCA's all backed down when fronted with no signature, one dca through alleged solicitors offered 40% discount on F&F of over 10k. Now on 4th DCA

[Never-In-Doubt]

Re: Blank signature space

Can you mail me a copy?

[Never-In-Doubt]

Re: Blank signature space

The lack of signature by the lender does not make it UE. The lack of interest rates does unless it's linked by way of "I agree to the terms etc etc..." by the signature strip. Credit limit doesn't matter - no argument there as its running credit so they can "advise you of your limit from time to time"...

It's hard to say without seeing it.

[Never-In-Doubt]

Re: Blank signature space

What you sent me is

[pompeyfaith]

Re: Blank signature space

Most if not all CO-OP agreements pre-2007 are UE niddy has one of mine on this site if my memory serves me right.

[Boltmaker]

Re: Blank signature space

Hi Niddy and all,
Today received a letter from Lowells stating they have bought 11.6k debt from Coop and letter from Coop (in same envelope) stating they have sold the debt to Loweels Porfolio. As you will notice in March last year you viewed the Coop agreement sent to me by the Coop and declared it unenforceable. Any further advice would be greatly appreciated as I believe Lowells have a really agressive reputation.

[MrsD]

Re: Blank signature space

wait until Lowells contact you and pop off a sold in dispute

[Enforcer]

Re: Blank signature space

Yes, covered under section 61(1)(a) improperly executed agreement. Unenforceable unless the lender applies to the court under S65.

[oscar]

Re: Blank signature space

Yes, covered under section 61(1)(a) improperly executed agreement. Unenforceable unless the lender applies to the court under S65.

But can (not always) be easily remedied.

Better to tie them in knots - let them go back to original lender regards the complaint etc.

[ScabHunter]

Re: Blank signature space

I believe Lowells have a really aggressive reputation.

They are a strange rabble indeed. They make most of their ill-gotten gains from making people bankrupt. As this is an alleged debt which is way above the threshold, this is a threat which needs to be taken seriously. You may need to apply to set aside a statutory demand at some point, but don't worry about that now. It will be much easier to do with a paper trail establishing unenforceability.

They also operate at the other end of the scale, by chasing statute barred debts bought for a pittance and on which they know they will only have a small percentage success rate.

You are already half way to statute barred with this one, so be careful not to acknowledge the alleged debt in any correspondence which is sent.

I'd follow Mrs. D's suggestion. As soon as you get the first Clownell threat, send this -

Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

SH

[oscar]

Re: Blank signature space

Lowells CAN be beaten, I have - with a £5K debt! Didnt take too long in the grand scheme of things either. Defaulted with OC December 2008 - Lowells concededed and wrote off in May 2011. Although it did start with 1st Crud I believe. Lowells only had it for about 9 months?

[cardiac arrest]

Re: Blank signature space

Regarding the account sold in dispute....if the OC sold to a DCA...then the DCA is is in dispute and in UE, if the DCA then sells the account back to the OC (rather than another DCA), is that 'sold while in dispute' too ?

[oscar]

Re: Blank signature space

Not really, the DCA hasnt sold it back, more gained a refund on their purchase - at least that is the way I see it.

[Boltmaker]

Re: Blank signature space

Thanks all for the quick replies. Will fire off advised letter ASAP. As regards the possibility fo banckupsy, good reading for somebody as I am a pensioner with no assets.