Help with Unenforceability [UPDATED 01/2020]

[Never-In-Doubt]

Re: Help with Unenforceability

Because s.127 was repealed

[trodat]

Re: Help with Unenforceability

out of curiosity what if the account was opened after April 2007? Why can't these be UE?

Or can they?

[Never-In-Doubt]

Re: Help with Unenforceability

.... Don't phone them!!

Just chill. See what THEY do next

[Beauborg]

Re: Help with Unenforceability

It does not matter who gave the declaration of non complaince (ie they don't have an agreement) - the logic is no matter who chases you, you simply print that template off and attach it to a copy of the letter confirming no agreement exists then send it off - so in this instance you would send it to iQor as they are chasing you....

Best of luck

UPDATE:
I have just received a reply from iQor which says:

"We are writing further to your recent enquiry to advise you we have now looked into the specific circumstances of your case and need to update you on the outcome. Please telephone us on .... quoting ...

Please be advised that if we do not hear from you we will have to assume that you have already resolved your query independently and we will re-start out collection activity without notice to you."

They want me to phone them??!!

What do I do next?

[Never-In-Doubt]

Re: Help with Unenforceability

Hi I have been directed to this forum from legal beagles to seek advice on a CCA received from MBNA last year. I have attached it to this post, not sure if thats the correct protocol, please yell if its not. Thanks.

Its enforceable from what you've sent however if you provide more info such as detailed here: ---> allaboutFORUMS - View Single Post - Unenforceability Diaries - Read me First!

Then we may be of more help!

[leopard lady]

Re: Help with Unenforceability

Hi I have been directed to this forum from legal beagles to seek advice on a CCA received from MBNA last year. I have attached it to this post, not sure if thats the correct protocol, please yell if its not. Thanks.

[Never-In-Doubt]

Re: Help with Unenforceability

Thanks for your reply.

The only thing is: it wasn't the original lender who said they had no CCA on file, it was from a company called Credit Security who were chasing it at the time. Does this make a difference or can I still send the template you mentioned?

Also, would I send it to iQor, or to Credit Security? I presume it would be iQor.

It does not matter who gave the declaration of non complaince (ie they don't have an agreement) - the logic is no matter who chases you, you simply print that template off and attach it to a copy of the letter confirming no agreement exists then send it off - so in this instance you would send it to iQor as they are chasing you....

Best of luck

[Beauborg]

Re: Help with Unenforceability

This is my first post here so I hope this is the right place to start. Can anyone please help?

My problem is:

• I have a credit card debt of around £5K which I defaulted on over 10 years ago.

• I had been paying a nominal sum of £20 per month over several years (to Wescott) but stopped about a year ago and didn't hear anything about it.

• On the 10th May I received a letter from Credit Security chasing the debt. I presume they had bought the debt from Wescott?

• I replied with a template letter stating 'debt not acknowledged' and requesting copy of original agreement etc.

• On the 10th June I received a reply stating a copy of original Credit Agreement not available as account was originally opened in 1992. But it also stated that since payments have been made by me to the account, liability has been admitted.

Can they insist I repay the debt without an original Credit Agreement?

Incidentally, the payments were made came from my wife's bank account (and the debt was not hers). Does this change anything?

How should I respond?

I'd be very grateful for any advice anyone can offer.

(Please forgive me if this is the wrong place to post!)

Thanks for your reply.

The only thing is: it wasn't the original lender who said they had no CCA on file, it was from a company called Credit Security who were chasing it at the time. Does this make a difference or can I still send the template you mentioned?

Also, would I send it to iQor, or to Credit Security? I presume it would be iQor.

[diddlydee]

Re: Help with Unenforceability

Hi Beauborg.

I believe that you have already received a letter from the lender to say that they do not have a CCA on file.

If my assumption is correct, then you can send the following template letter to iQor and enclose a photocopy of the letter you have received which confirms no CCA is on file.

Our Templates | Unenforceability Templates | CCA Query - Letter Previously Confirming No CCA

Hope this helps,

diddly

[Deepie]

Re: Help with Unenforceability

Hi Diddly, I have an update on this situation. I have just received a card sent in a small brown envelope by regular post, stating:

iQor Recovery Services Ltd
our representative called today [he didn't incidentally]
FINAL NOTICE
PLEASE CONTACT US
TELEPHONE OUR REPRESENTATIVE
etc. etc.

On the back is the name and address of their local agent.

So my question is, What do I do now?

Thanks so much again for your help.

just a brief history please.....

[Beauborg]

Re: Help with Unenforceability

Hi Beauborg.

Personally, I would ignore their letter for now. The rules of statute barred do not apply at this time as you were maintaining payments up until a year ago, so you have another five years to go before they HAVE to leave you alone!

If they write back to you chasing payment, ring you, call at your doorstep or pass the debt onto another agency, then we'll advise you on which template to use.

The debt doesn't "go away", but with the letter that you have confirming lack of CCA, they cannot enforce payment of it.

Hope this makes sense?

I don't know where you found that template previously used, but you have found the right place now for any future enquiries. If in doubt, just shout........ we are all here to help.

Diddly x

Hi Diddly, I have an update on this situation. I have just received a card sent in a small brown envelope by regular post, stating:

iQor Recovery Services Ltd
our representative called today [he didn't incidentally]
FINAL NOTICE
PLEASE CONTACT US
TELEPHONE OUR REPRESENTATIVE
etc. etc.

On the back is the name and address of their local agent.

So my question is, What do I do now?

Thanks so much again for your help.

[Never-In-Doubt]

Re: Help with Unenforceability

Hiya & Welcome

Ok, first question - Littlewoods or SDG are notorious for bad agreements as they used to send goods then months later send an agreement, if you "forgot" to fill it in so what - they still send goods etc...

99% of their agreements are unenforceable and thus you'll rarely see a case of SDG going to court over a debt, plus their agreements are totally unenforceable so all you do is use the templates from here to bat them off, then they'll quietly go away - in time they'll become statute barred - case closed.

The second question, if you can email me the agreement I'll tell you if it is in fact enforceable or not, however bear in mind there are various prescribed terms to check for and one, the most important which usually catches these muppets out, is linked to s.18 (see here: ---> Multiple Agreements ) - the reason being that each element needs it's own set of PT's so the interest and the charges and any deposit or fee paid must be separate to the main loan amount - chances are it'll be wrong as GE Money wasn't that great a few years back either - but if you email me the whole document + terms I'll check it over and confirm for you...?

agreements@all-about-debt.co.uk

Thanks - good luck

Niddy :niddy

[MrBill]

Re: Help with Unenforceability

Hello all,

I hope you can help. I found this forum through a mention on the consumer action group.

I'm sort of mired in an enforcability hole and all the paths on CAG seemed to end up as dead ends.

Quite a few of my own issues and the more I spend time looking into all this stuff, the more I talk to people and try to give them advice and they ask me for advice (although I freely admit, in the words of Manuel "I know nothing..."

I think I'm getting a good idea of a rough route to follow with unenforcability, but what I really struggle with most is actually finding the right legislation online to quote from. i.e. The consumer credit act has been amended load sof times (I gather) but finding all the iterations and update is proving impossible in some cases. I like to try and at least sound like I know what I'm talking about!!!

So two quick-fire questions for the offing;

1) Littlewoods have replied to a CCA for OH with two sheets of terms and conditions. There is no personal information on these sheets whatsoever. Not for OH, not for lender.

The thing is, this account was opened in the '80's, according to Shop Direct. So do we need to worry about what regulations were in force at the time so we're quoting the right wording? I'm no expert, but I thought ALL agreements, whether reconstituted or not, at least had to have the address for the customer at the time they opened the account? So surely this is unenforcable? What do I send them next?

Second question;

Brother in Law and his wife bought some windows from Safestyle (blurrrgh!) in Sept 2006 with credit provided by GE Money on a fixed sum loan agreement.They genuinely believed until a chance conversation recently the the cost of the windows was £2600 and that the total including interest was £3700 (i.e. interest of £1100 - which to a layment sounds quite feasible - nearly 50% of the capital).

However, I pointed out that actually they will repay £2600 PLUS £3700 (i.e. capital plus interest). But I've since seen reference to the fact that credit agreements should include a 'total repayable' as this is a 'prescribed term' However, once again I'm struggling to find an explicit wording to this effect on any acts or on legislation.gov.uk.

Can anyone clarify this?

They've paid around £3600 back already and hence thought they must be nearly finished. Now you could say this is their fault for not putting two and two together, but nowhere on the credit agreement does it state the total repayable or how to calculate the total repayable, so they genuinely were confused.

Is there any recourse we can take to challange this and maybe say 'Ok, so we have enjoyed the use of the windows, but we have also paid back a lot more than the capital already, your agreement is misleading, so we ain't paying you any more'??!!!

Any feedback on either issue greatly appreciated!!

Cheers

[Never-In-Doubt]

Re: Help with Unenforceability

The bu**ers have sent three more "If you are XXXXX" letters. One for me & two for my wife.
I told her we should not have completed the electoral register form!!
All are well statute barred, so am now waiting for their "generous offer" letter before firing off three more "go forth & multiply" letters.

They are just a bunch of chancers

Keep us updated, be careful what you send back - not to admit liability!

[jamon]

Re: Help with Unenforceability

The bu**ers have sent three more "If you are XXXXX" letters. One for me & two for my wife.
I told her we should not have completed the electoral register form!!
All are well statute barred, so am now waiting for their "generous offer" letter before firing off three more "go forth & multiply" letters.