Unenforceable Credit Agreements - Next Steps

[mrobinso]

Hi, Niddy very kindly checked 6 agreements for us which we are very thankful for his time and effort.

4 of the 6 agreements have come back unenforceable

The question now is what to do?

Could you please advise of approach to now dealing with this?

Thanks in advance

[Roger]

Hi, Niddy very kindly checked 6 agreements for us which we are very thankful for his time and effort.

4 of the 6 agreements have come back unenforceable

The question now is what to do?

Could you please advise of approach to now dealing with this?

Thanks in advance

Well fill in the Diary details. If you haven't started a Diary can you now do this with the above information added in!
Let me explain unless the MODS have some background information how can they advise anything!

See Niddy's Blog herer

Read the following useful guide on how to send me agreements:--->

Sending your Agreement to AAD

To help me, to help you, please provide the following information for each account:

• Type of account (credit card/loan)
• Date commenced (ideally before Apr 2007)
• Approx balance
• Date last paid (approximate date you last made a FULL payment)
• Are you on arrangement or not paying
• Status (default/in arrears/up-to-date)
• Account owner (who is writing to you, a DCA or the lender)

Providing the above information, for each account helps me. Then, when you start the process lay your diary out in a format like this example

--->

Example of perfect layout

[Joanna Connolly Solicitors]

4 of the 6 agreements have come back unenforceable

The question now is what to do?

Hello mrobinso

You seem to have got off to a good start with four credit agreements considered unenforceable.

Even if the other two credit agreements are seen as enforceable that doesn't necessarily mean the debts are enforceable in court because there are many other legal reasons why a debt may not be enforced.

I look forward to helping you.

Di

[mrobinso]

Hello

I am back for some advice please, for various reasons we left things as they were last year when this thread was originally started however have now received a Claim form for a CCj for one of our creditors which was thought to be unenforceable. details are below

It was a credit card with HSBC
Date commenced 2003 approx
balance 1614.00
originally on a DMP with Payplan and paying regular payments off the debt, then made redundant last July and haven't made any payments since then.
Was originally defaulted but this has now dropped off credit report
Debt has been sold to Idem Servicing.

They did manage to produce a CCA when we requested it but when we passed it to Niddy for some advice we were advised that the debt was unenforceable as what they had sent was a bad mock up with a name and address typed in and some terms.

Now we have been issued with the CCJ claim form, dated 24th July where do we go with this?
Do we send back the claim form saying we dispute the debt ?

If anyone could offer some advice it would be appreciated.

Thank you

[mrobinso]

Sorry it looks like my post has posted In triplicate. apologies not sure what happened there

[Joanna Connolly Solicitors]

Now we have been issued with the CCJ claim form, dated 24th July where do we go with this?
Do we send back the claim form saying we dispute the debt ?

Can you confirm it's a Claim Form from MCOL (Northampton County Court) or is it a Letter of Claim from Idem Services?

Di

[mrobinso]

Hi
it is the claim form from I believe Northampton. its from the County Court Business centre, St katharines House NN1 2LH

[Joanna Connolly Solicitors]

Hi
it is the claim form from I believe Northampton. its from the County Court Business centre, St katharines House NN1 2LH

That sounds like a genuine claim form.

If you'd like me to take a look at things you can email the first page to di@joannaconnollysolicitors.co.uk

Di

[mrobinso]

Thank you, just sending it over

[Joanna Connolly Solicitors]

Thank you, just sending it over

Okay, and also email me the credit agreement you received in response to your s 77/78 CCA Request.

Did you enclose the £1 statutory fee with your Request?

Di

[mrobinso]

Yes we did enclose the £1 pound fee and have emailed over the copy of credit agreement they sent us. Thanks

[Joanna Connolly Solicitors]

Yes we did enclose the £1 pound fee and have emailed over the copy of credit agreement they sent us. Thanks

Everything received

Thank you.

Di