Unenforceability when can it come into force?

[ruth38]

I've a bit confused about this unenforceability of loans/credit cards etc.How would I know if this is the case?I've loans with GE Money nov 2004 a Secured Loan with Central Trust in nov 2006.The later had mis sold ppi which was refunded then rescheduled in nov 2009.My husband has credit cards which the agreements go back from approx 1999.I have my copy loan agreements from the lenders.I've also another loan with Central trust whereby they cancelled the ppi they'd sold as a condition of another loan as I'd put a complaint into the FSA.I never told them to cancel it they just did it and are still charging me for it.

[ken100464]

Re: Unenforceability when can it come into force?

Not wanting to read and run. Welcome to the forum and hope you will stick around

When the mods pick this post up they will be asking you to start a diary like most of us on here.

The more info you can give them in the format they ask for the better advice you will get. Each debt is different so each solution is different. Bit difficult to answer your questions on your post above. But some could be possible for UE with the dates you have indicated.

Forum is the best advice on the net if you allow the team to help you.

No finger wagging on here unlike some forums its a pretty safe enviroment.

Good luck.

[tastyjane]

Re: Unenforceability when can it come into force?

Ruth38 take sometime and read other people's diaries - you will soon begin to pick it up honestly, if I can anyone can

Welcome and I am sure you will enjoy the journey.

Jane x

[Undercover Elsa]

Re: Unenforceability when can it come into force?

Hi Ruth and welcome to AAD

As Ken says, due to the age of your debts (anything pre April 2007) you have a good chance that some will be unenforceable.

To start the process off so we can see where you stand have a read here then start your own diary as described.

To learn more about unenforceability in general, take a look here, as well as reading around the forum and other unenforceability diaries.

We're a friendly, easy going lot, totally non judgemental. No finger wagging here!
Don't be afraid to ask if there's anything you're unsure of

Elsa x

[Miss Muddled]

Re: Unenforceability when can it come into force?

Hi Ruth and Welcome ...you have certainly come to the right place for help, everyone is so kind, helpful and respectful, no one judges.

Before I was guided to AAD (By the lovely Elsa) I was on another forum for quite some time...ready to lose everything including my Husband who couldn't take anymore due to ill health and constant badgering of DCA's.

Within 24 hours of joining AAD, Niddy had everything in hand and all legal action stopped, haven't heard a dicky bird since then (over a year ago now) you couldn't be in better hands.

This site is amazing, Trust them and you won't regret it.

[cymruambyth]

Re: Unenforceability when can it come into force?

Hi Ruth, welcome. I can only repeat that you are in the right place for support, help and friendship. You are in a better place than many newbies (though you may not feel as though you are) as you don't have any court threats.
Just read and ask questions, no matter how trivial as the more you understand the stronger you feel and the more power you will have.
Good luck

[Pixie]

Re: Unenforceability when can it come into force?

Hi Ruth

When you say you have copies of loan agreements from the lenders and your husband has credit card agreements going back to 1999, do you mean that you have already sent cca requests to lenders?

If you have and these are the agreements you got back then email them to Niddy for him to have a look at - don't block any details out ---> User Guide - Sending your Agreement to Niddy - allaboutFORUMS

If you haven't already sent cca requests then send ---> CCA Request - allaboutDEBT UK

Are you already in arrears with payments or is your enquiry just a general one? Going for UE will ruin your credit file which doesn't matter if you're already in arrears.

If you are already in arrears then I would stop any payments you may be making.

Start a diary as Elsa suggested using the layout given so we can see where you stand with each debt. It also makes it easier for us to follow when you update us.

[ruth38]

Re: Unenforceability when can it come into force?

I've loan agreements etc copies which the provider sent to me.I'm in arrears with Mortgage loans etc so I would like to be able for someone to look at them.How do I email them to Niddy?Thanks for all the replies.

[Deepie]

Re: Unenforceability when can it come into force?

I've loan agreements etc copies which the provider sent to me.I'm in arrears with Mortgage loans etc so I would like to be able for someone to look at them.How do I email them to Niddy?Thanks for all the replies.

Send it here----> agreements@all-about-debt.co.uk

Do not edit anything as only Niddy will see these.....

[ruth38]

Re: Unenforceability when can it come into force?

Thanks I will.I've found some but I'll send what I have just found.I'll scan them.I presume that the addresses and Names stay on them as well.Would I be able to send other agreements of other loans and my mortgage illustration that I signed.Also where is there on this forum about Mortgaged or does it work by posting in .Many Thanks.

[nightwatch]

Re: Unenforceability when can it come into force?

Hi Ruth, welcome to AAD, can I ask, are the agreements you have the original ones from when the accounts were first opened, OR are they what you have received back from sending a request to the lenders for a copy of your agreement.

thanks NW

[nightwatch]

Re: Unenforceability when can it come into force?

I know you said in another post they are what were sent to you, but I couldn't work out if they were sent when they were opened originaly.

did you also receive any Terms and Conditions with them x

[ruth38]

Re: Unenforceability when can it come into force?

I've looked and one with Ge Money I have the signed agreements the credit card ones are the ones that they send back to me.Do I ask from the credit card provider the original then?They are now with Debt Collection Agencies.Where by a pound a month is paid to them.The Ge Money was mine so I have a ccj and pay Link Financial £1.00 per month but they were charging me interest.I complained to the FSA they didn't uphold my complaint but Link stopped the interest and just charge simple interest.

[Undercover Elsa]

Re: Unenforceability when can it come into force?

Thanks I will.I've found some but I'll send what I have just found.I'll scan them.I presume that the addresses and Names stay on them as well.Would I be able to send other agreements of other loans and my mortgage illustration that I signed.Also where is there on this forum about Mortgaged or does it work by posting in .Many Thanks.

Hi Ruth,
Mortgages are treated differently, being a priority, secured debt.
You might be best posting a seperate thread about this in the debt and housing section. Please give as much information as possible (without revealing personal details) and say what you want to achieve.
Forum link: Debt Housing - allaboutFORUMS

Correct me if I'm wrong, but it looks to me as if the agreements you have in your possession are the ones you got when you opened the accounts..is that correct?

If so then it doesn't matter what you have, what matters is what the creditors have, ie can they find the agreement. Therefore a CCA Request is needed for any loans/cards that aren't secured.
No point sending one for the one with the CCJ however. They should not be charging simple interest on a CCJ for a regulated agreement, it's quite a complex subject and depends whether the original agreement included a clause for post judgment contractual interest. If it didn't they can't charge any interest at all afaik.

I can't stress enough though that we need you to set out each debt individually as mentioned earlier to avoid confusion and errors.
Like this, one for each debt:

• 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)

Link with full details how to do it: Unenforceability Diaries



Elsa xx

[ruth38]

Re: Unenforceability when can it come into force?

thanks Elsa will do sorry for confusing everyone.