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  • #1

    Unenforceability Help Required

    Hi All

    I have been requested by Niddy to seek your support

    I have had a credit card in dispute for over a year as bank have been unable to provide me with a signed CCA and advise they do not have a true signed copy

    this matter has also been all way to FOS where bank advise they have no true signed agreement

    However, after complaining regarding another matter i requested another SAR and bank have now provided the follow attached

    is this debt enforceable and also where do i stand as historically bank were adamant they have now signed agreement could this be classed a fraudelent


    Niddy has advised the following however more help is appreciated:

    "what you've been sent is unenforceable as the prescribed terms are NOT intact.

    That said its easy to remedy - if the dca/bank issue a full set of terms    "

    Please can someone give me some guidance
    Tags: accounts, act, application form, authorisation, bank, barclaycard, barclays, cca, charges, chasing, claim, complaints, con, credit, date, dca, debt, dpa, email, fee, fire, fos, fraud, full and final, halifax, hassle, help, interests, legal, letter, letters, mail, money, moorcroft, niddy, no cca, phone, ppi, reclaim, sar, scotland, security, see., set off, signature, stay, template, templates, unenforceability, unenforceable, update, weekend
  • #2
    Re: Unenforceability Help Required

    unable to post attachements can someone help

    Comment

    • #3
      Re: Unenforceability Help Required

      I think you need a minimum number of posts to be able to post attachments.

      Is the document that you're trying to post the one that Niddy has commented on?

      By the way, you have a welcome thread here with some useful links.
      Let your smile change the world but don't let the world change your smile

      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment

      • #4
        Re: Unenforceability Help Required

        Hi

        basically they sent a copy of the original application which doesn't contain ALL the PT's therefore it's UE. However this came about as part of SAR not S.78 request hence technically you'd ignore the bank and if anyone (dca) hassles you you'd send a copy of the past letters confirming no cca along with our template.

        You need to chill mate
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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        • #5
          Re: Unenforceability Help Required

          ps it's not fraud, it's not worth complaining or chasing anyone over this. Silence is the winner

          Wait till THEY contact YOU.
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

          Comment

          • #6
            Re: Unenforceability Help Required

            Hi Welcome to AAD Forum pages

            just a question, why did you request a SAR? if you were following the UE route? unless the accounts has succeeded its 6 Years England and Wales or 5 Years Scotland then you would request a SAR after then.

            UE Information and Templates:

            http://www.all-about-debt.co.uk/inde...enforceability

            Information about UE: http://forums.all-about-debt.co.uk/s...ns-amp-Answers
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment

            • #7
              Re: Unenforceability Help Required

              Cheers Niddy

              Thanks I will be chilling now
              5scorpio SAR was sent due to another complaint that Halifax were dealing with

              Ok silence for now I will update you all if i hear anything else

              Comment

              • #8
                Re: Unenforceability Help Required

                Excellent. Chilling is good mate - you'll see. Just stay in touch if you get hassle, before jumping in and replying, post here or mail me
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                Comment

                • #9
                  Re: Unenforceability Help Required

                  Originally posted by Never-In-Doubt View Post
                  Hi

                  basically they sent a copy of the original application which doesn't contain ALL the PT's therefore it's UE. However this came about as part of SAR not S.78 request hence technically you'd ignore the bank and if anyone (dca) hassles you you'd send a copy of the past letters confirming no cca along with our template.

                  You need to chill mate
                  I made the same mistake. Knew it was UE following SAR. Wish I had sent S78 request, would not be dealing with this over 2 years later.

                  Comment

                  • #10
                    Re: Unenforceability Help Required

                    enforcer what are the bank doing with you now?

                    how come you never sent a S78 before an SAR

                    Comment

                    • #11
                      Re: Unenforceability Help Required

                      I sent the SAR in order to obtain information regarding a reclaim of PPI. I was quite surprised that in the pack, they included a photocopy of my application form from year 2000. Looked at it and realised that it was not signed on behalf of Barclays, therefore improperly executed, and contained the wording, when we consider your application, which made it a future, prospective regulated agreement. New I was on my way to a winner! Barclaycard then jumped in by sending a S78 request, that I had neither asked for, nor paid for. It did not contain any prescribed terms. I honestly did not think that I needed to request my own S78 request. Nor did I do so for another 15 months. For all info read my post. Barclaycard & right of set off. You only need to google this and it will come up.

                      Comment

                      • #12
                        Re: Unenforceability Help Required

                        Enforcer

                        Thanks for update and good luck with your battle

                        Mine has been ongoing for over 16 months now


                        all started when I sent all my creditors a Full and Final Settlement offer along with a CCA S78 request and all they sent was a recosituted T&C

                        As there was no signed agreement and account was taken out in 2003 I have been fighting its unenforceable

                        Halifax have written back confirming even though there isnt a signed agreement as I have used the card it means its enforceable

                        took it all the way the the FOS who were also told no signed agreement

                        for the past 12 months it has been passed to Moorcroft, Albion, iQor/Akinika & GBP Solicitors who I have been able to get off my back


                        However, One of the DCA contacted me illegally even though Halifax advised that my contact details were deleted as a result I requested a SAR for proof along with a complaint to the CEO.

                        This is when the unenforceable agreement came to light, along with this the CEO office contacted me stating they will be investigating the matter in regards to S78 and enforceability.

                        that was before I recieved this via the SAR

                        as Niddy states as the were unable to provide this agreement under S78 over 16 months ago and advise in writing they have no signed agreement they are in breach

                        now its the waiting game

                        taking on Niddys advise to just sit back and relax now

                        I hope this all makes sense

                        Comment

                        • #13
                          Re: Unenforceability Help Required

                          Makes perfect sense to me. They all "consider" that they an enforceable agreement. Let them prove it!
                          In my case I am continuing this fight, as Barclaycard used their "legal right of set off". Despite having an enforceable agreement. FOS decided that they had a right of set off by agreement, however, to date, they have not been able to provide a legible copy of my agreement, nor the prescribed terms. They now have until 23rd September to provide a reconstituted agreement, together with the prescribed terms. Now even if they can legally provide this information. They cannot enforce, as their is an "improperly executed agreement" and Barclaycard are no longer the legal owner as they have sold the alleged debt!

                          Sit tight, don't panic, listen to the advice from this site. A waiting game, but you will win.

                          Comment

                          • #14
                            Re: Unenforceability Help Required

                            Thanks Enforcer sit back is what I shall do

                            Luckily I withdrew all my savings from Halifax immediately so that they could not offset against credit card debt

                            Comment

                            • #15
                              Re: Unenforceability Help Required

                              Using a card won't make it enforceable, or they all would be.

                              Comment

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