Help with Unenforceability [UPDATED 01/2020]

[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

[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

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!

[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

.... Don't phone them!!

Just chill. See what THEY do next

[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

Because s.127 was repealed

[trodat]

Re: Help with Unenforceability

So basically anything after April 2007 you need to 'sort' out by way of Final offer letters etc, etc?

Slowly but surely catching on ;-)

[Never-In-Doubt]

Re: Help with Unenforceability

So basically anything after April 2007 you need to 'sort' out by way of Final offer letters etc, etc?

Slowly but surely catching on ;-)

well, it depends cos if the default notice and/or termination was bad then that changes things. But yea, we cannot fight UE for post April 2007 accounts as s.127(3)(4) & (5) were repealed which is the elements we relied on.

Original version ---> Consumer Credit Act 1974

Amended (current) version ---> Consumer Credit Act 1974

[Never-In-Doubt]

Re: Help with Unenforceability

The official wording is under the 2006 Act chapter 14 subsection 15 (Default under regulated agreements)

Section 15

---> Consumer Credit Act 2006

15. Enforceability of regulated agreements

In section 127 of the 1974 Act (enforcement orders in cases of infringement) subsections (3) to (5) shall cease to have effect.

[tom_rad]

Re: Help with Unenforceability

Hi everyone just signed up to this forum after reading some really positive stories and feedback on Unenforceability. I was wondering wether anybody would be able to guide me on which template i am best sending first.

My debt has recently been passed to lowell and its for £911 from shop direct group, the account was opened in december 2006 and i havent made a payment for around 2 years.

I received my first letter from lowell advising me i needed to pay last week and i checked my credit score for the first time in a long time today to find lowell defaulted me on the 20th of june which is a month before they sent me the first letter.

any advice will be great as i am a complete novice to all of this.

thanks alot

[Undercover Elsa]

Re: Help with Unenforceability

Hi tom-rad and welcome to AAD
So we can better advise, it would be a good idea for you to do your own Unenforceability Diary.
Have a read of the thread below...in post 2 it tells you how to start and set out your diary with the info we need.
Unenforceability Diaries - Read me First! - allaboutFORUMS

To start a thread in the correct section, click the link below, then click the + New Thread button on the left. Fill in your title eg tom-rad's unenforceability diary and start with the details requested in the UE thread above...it's easiest to copy and paste the format into your new post then add the required details.

Unenforceability Diaries - allaboutFORUMS

You'll get lots of help on here, your first letter will probably be a request for the Consumer Credit Agreement, but do your thread first then we'll take it from there

If there's anything you're not sure of, just shout!

kind regards,

Shep x

[Undercover Elsa]

Re: Help with Unenforceability

tom-rad's UE Diary thread is here>>>
tom-rad's unenforceability diary - allaboutFORUMS

Thanks Tom

[Aile5]

Re: Help with Unenforceability

hi
I am really just posting as I haven't been around in a while. Just back and online again. my last post was sept last year and that was the last time I have heard anything from DCA. just thought Id update. thanks

[diddlydee]

Re: Help with Unenforceability

It's lovely that it's been a quiet 11 months for you, Aile5. Hope it stays that way