UE query

[happy_bunny]

Hi folks,

I have a question regarding the current thinking on UE. I looked at the sticky, but still not sure.

Does a creditor still have to provide a signed copy of the agreement to enforce in court for agreements taken out pre-2007?

Thanks

HB

[Pixie]

Re: UE query



All the information is in the sticky. The agreement needs to be compliant in all respects, not just a signature, for the creditor to enforce it in the courts.

[happy_bunny]

Re: UE query

Thanks.

Just checking that they can't turn up in court with an agreement without a signature, I know its unenforceable, as I posted on here previously

[happy_bunny]

Re: UE query

it was for this post a while ago:
RBS Credit Card CCA request-fulfilled? - allaboutFORUMS

Basically, the account is early to mid 90s and they sent me back a load of rubbish for a CCA with wrong address, date taken out, terms and conditions with £12 charges (came in way later).

I played letter tennis about it being UE and they said go see a lawyer they ain't talking to me no more.

the A/C has quite a high balance and interest rate and inmy opinion they have had more than enough money out of me so I'm thinking of telling them to do one...

[Enforcer]

Re: UE query

I believe so, but others may wish to comment.

[PriorityOne]

Re: UE query

it was for this post a while ago:
RBS Credit Card CCA request-fulfilled? - allaboutFORUMS

Basically, the account is early to mid 90s and they sent me back a load of rubbish for a CCA with wrong address, date taken out, terms and conditions with £12 charges (came in way later).

I played letter tennis about it being UE and they said go see a lawyer they ain't talking to me no more.

the A/C has quite a high balance and interest rate and inmy opinion they have had more than enough money out of me so I'm thinking of telling them to do one...

Or in other words, they probably know it's UE but need to at least try and scare you in to paying up by using scary words like "lawyers".... which suggests they might be watching too many re-runs of Miami Vice 'coz we have solicitors in this country....

Personally, I wouldn't be telling them to do anything at this stage. Just wait and see what they send next and go from there.

[oscar]

Re: UE query

I played letter tennis about it being UE and they said go see a lawyer they ain't talking to me no more.

I have had the exact same response from Natwest who are now one and the same.

I ignored their "advice". I have had a couple of letters from DCAs and IIRC, a solicitor stating what they may, might, could possibly do etc. I contacted each one, pointing out the account was in dispute, and that there was no point in contacting NW as they had told me they would not communicate with me.

They have all gone away for now. No doubt someone will contact me again at some point.

As above, there is more than a signature - it would need the historic T&Cs, all the prescribed terms (as pre 2007), signatures, be legible and relate to the customer. Wouldnt be the first time an institution has tried to fob off using someone elses agreement.

[happy_bunny]

Re: UE query

Hi flowerpower

Thanks for the reply.

By 'doing one' I mean stop paying. They defaulted the account a year ago and I'm still making payments that only clear £20 per month as interest is 24%. They keep sending letters every 6 months saying arrangement has been renewed.

I don't like not paying back money I borrowed, but they have had their profitt in the interest paid so far.

As the balance is quite high, I imagine Its worth them/someone chasing so wanted to be sure on my options.

I also sent them a SAR more to annoy them than anything else. They have ignored to date and not cashed the cheque to I think they can go screw themselves.

So, nothing has changed, it's still UE

Thanks

HB

[Undercover Elsa]

Re: UE query

They're still adding interest??!! Sheesh, if it was me they wouldn't get another penny.
I'd stop paying and let them get on with it. You're CRA is already trashed, why pay money into an ever deepening bottomless pit?

Once they've stopped interest, sold it to a DCA or whatever, should you ever decide you want to pay even though it's UE, then it least it will start reducing the balance. Meanwhile stash that £20 a month away for a rainy day...

[happy_bunny]

Re: UE query

Thanks folks.

I will stash the two hundred quid to use on something else.

It's not on my credit file, but not bothered as I have 2 defaults anyhow about the same time and I don't want any more credit anyhow.

Flowerpower, what can I expect from them when I stop paying?

Cheers

HB

[Never-In-Doubt]

Re: UE query

I don't like not paying back money I borrowed, but they have had their profitt in the interest paid so far.

Ahhh but that is why exist - to fill the void for people that feel like this, but then the lender still shits on them from ahigh meaning they're left in an endless battle....

Someone on here recently was on a DMP for over 10 years to then at the end of the DMP get told that HBOS added interest all the time meaning there was another 10k outstanding or something like that!

Point is, they are scum - you need to take control.

[Never-In-Doubt]

Re: UE query

what can I expect from them when I stop paying?

You will get some threatening letters - fine, so what! They can make threats all day long, let them

We'll help keep you right... don't worry

[SXGuy]

Re: UE query

Seriously, all they sent you was the terms, no agreement, they cant enforce it, they know it, and hopefully you know it. So why are you paying them? you are just throwing money away, it will never clear with interest still being added.

They are taking you for an idiot. Please stop paying these muppets, when they write to you, we will advise what to do next, but really, stop paying these idiots.

[happy_bunny]

Re: UE query

Hi folks,

Just a quick update on the above.

I stopped paying in sept, exchanged a few letters about still charging interest after default and account termination letters. They passed the account to Triton (also RBS) in Nov and confirmed all interest has now been stopped and the balance is now due.

Will see what Triton send me next..

Thanks for the help so far.

HB

[Undercover Elsa]

Re: UE query

Thanks for the update, happy bunny.
Good that they've stopped the interest..if they've confirmed that in writing file and hang onto the letter.

Let us know what Triton have to say for themselves when they write...

Elsa x