Checking validity of CCA's

[MRSP]

Hi I am in the process of trying to determine whether or not a couple of CCA's I have recently received are enforceable or not.These are from JD williams and Freemans.These accounts were both opened about a year or so ago and due to a drastic fall in income I can no longer make full payments to these and other creditors.I am at present making reduced payments to some bank loans and credit cards.Can I scan in my documents to have these checked on this site?Thanks in advance.

[Never-In-Doubt]

Re: Checking validity of CCA's

S.127(3) was repealed in April 2007 so it's unlikely they'll be UE based on their age. It's also likely you completed an online application with a "tick in the box" which is pretty much checkmate (in their favour - it's easy to remedy any errors due to digital signature and recon rules via Carey).

Sadly, you might be best agreeing a monthly repayment and / or offer a F&F settlement around 30-50% of the debt owed.

Sorry but a 2013/14 account won't be UE.

[PlanB]

Re: Checking validity of CCA's

due to a drastic fall in income I can no longer make full payments to these and other creditors.I am at present making reduced payments to some bank loans and credit cards.

Hello MRSP and to AAD

Even if those two catalogue debts may be enforceable your other debts may not.

Can you tell us a bit more about those other bank loans and credit cards.

It's easy to feel intimidated by the ones who shout the loudest but we'd like to help you with your overall debt situation

Plan B x

[MRSP]

Re: Checking validity of CCA's

Thank you for your prompt reply.Your advice is much appreciated.
The rest of my debts comprise three bank loans from Santander and two Santander cards, a Santander overdraft,A Marks and Spencer Card,a Nat West card an Aqua card,some Shopping Direct catalogues,some JD Williams catalogues,some Freemans group catalogues,La Redoute (the only one which was taken out pre 2007 and may therefore be unenforceable?) and the worst one of the lot is an Amigo guarantor loan which I bitterly regret taking out for someone,although I did have good reason at the time.
I am at the moment paying reduced amounts to Santander,Nat West and Marks and Spencer.I am currently in the process of negotiating with Aqua and have sent CCA's to the rest,some of which have sent them to me.
The most pressing problem is with Amigo for which I could really do with some good advice.I have asked on another forum but the advice was not good news.
I have copied and pasted my post on the forum.Could you please advise as I have to make a decision by Friday.

I have acted as a guarantor to a loan taken out with Amigo.

To cut a long story short, the situation is that after making payments for approximately a year, neither myself nor the person I guaranteed the loan for can no longer afford full monthly repayments following substantial loss of income.


We have tried to come to an agreement with Amigo and have both been making regular reduced monthly payments as agreed. However, Amigo keep moving the goalposts and demand more and more money every few months. They say that the loan will not be paid off in a reasonable amount of time.
The payments combined from the both of us comprise about 25% of the original amount so the loan would be paid in around 8 years I think. Amigo are saying this is unreasonable.


They have last week sent us both emails giving us ten days to offer sufficiently increased payments in order to "keep the account on hold and close the loan in a reasonable amount of time otherwise we will look at applying for legal action through the courts with a view to securing the debt on your property for long term security of the loan until it is repaid in full"


The property belongs to me and the person I acted as guarantor for the loan for lives in rented accommodation.
I have ten days to reply and also have other creditors who I am dealing with so cannot really afford to go much higher.


Please can you advise?"

[MRSP]

Re: Checking validity of CCA's

Thanks for your reply.I do understand about the law change and hence the signature situation.However I had hoped that maybe if some of the terms were wrong or missing then it may still be unenforceable?
I have started to read up on this but it is quite complicated and time consuming.Would you be able to advise me what to look for or perhaps I could have the documents checked on here if it is worthwhile?

[Never-In-Doubt]

Re: Checking validity of CCA's

If they're post 04/2007 they ain't UE. Quite simply.

You have a couple options;

1. Send CCA's and blag it - ie act as if the date 04/2007 is irrelevant; or
2. Consider a formal DMP; or
3. Consider formal help such as Bankruptcy.

Unfortunately the agreements dated after April 2007 won't be (and a judge can't deem them to be) unenforceable as the provision we'd use to fight UE was repealed as explained above. In essence it's like asking the shop assistant for a £1 note - after being told they're no longer in existence.