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Help with Unenforceability [UPDATED 01/2020]

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  • Joanna Connolly Solicitors
    replied
    Originally posted by Qwerty View Post
    what would be the easiest way to have a CCA checked?

    You need to start a new thread with the basic details of the debt first so suggestions and help can be given in context. Once you've done that the credit agreement can be emailed to Niddy for an opinion on its enforceability, but there's more to it than the credit agreement document.

    Use this format >
    • Type of account (credit card/loan/overdraft)
    • Date commenced (ideally before April 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 or debt purchaser)

    I look forward to helping you.

    Di

    Leave a comment:


  • Qwerty
    replied
    Hi, what would be the easiest way to have a CCA checked? I tried a link on a sticky thread for uploading but kept getting errors. Thanks.

    Leave a comment:


  • sevans17
    replied
    Ok, Thank you still waving

    Leave a comment:


  • Still Waving
    replied
    Originally posted by sevans17 View Post
    Hi Niddy,

    Basically in a nut shell, I have a credit card that is unfortunately maxed out, paying £238 a month of which only £8 is coming off the balance !! ... its a Barclycard, however .... my ltd business account is with Barclays, my mortgage is with Barclays and and my personal current account is with Barclays ..... is it game over for me ? as I'm terrified that if I try anything with my credit card they will pull on all the other strings and create a nightmare for me ? .,..... my credit score is unfortunately already in the bin, but it just kills me to be paying Barclays over £230 a month in interest ... been paying that much for nearly 5 years now ... so that's upwards of 13 grand they've had from me in interest yet my balance has dropped by about 500 quid !! ... any advice on how to move forward with this would be very much appreciated ..... Thanks
    Hi

    I suggest you start a thread in the Unenforceability Diaries section, giving some more detail about this account, then you can start to get some help. Have a look at this post to see the usual layout for the account information >>> https://all-about-debt.co.uk/forum/d...3228#post43228

    Leave a comment:


  • sevans17
    replied
    Hi Niddy,

    Basically in a nut shell, I have a credit card that is unfortunately maxed out, paying £238 a month of which only £8 is coming off the balance !! ... its a Barclycard, however .... my ltd business account is with Barclays, my mortgage is with Barclays and and my personal current account is with Barclays ..... is it game over for me ? as I'm terrified that if I try anything with my credit card they will pull on all the other strings and create a nightmare for me ? .,..... my credit score is unfortunately already in the bin, but it just kills me to be paying Barclays over £230 a month in interest ... been paying that much for nearly 5 years now ... so that's upwards of 13 grand they've had from me in interest yet my balance has dropped by about 500 quid !! ... any advice on how to move forward with this would be very much appreciated ..... Thanks

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by Beachcaster View Post
    I have two Credit Card Agreements which I have sat on for some conciderable time now because the creditors just seem happy enough to let me pay them off with very small amounts every month. They are both pre 2007, one being Egg and the other NatWest and I have both of the original signed agreements. Both have now been assigned to other owners too, and the new owners seem happy to continue in the same vein.

    Hello Beachcaster

    When you say you have both of the original signed agreements, do you mean you've kept copies of them from the outset, or do you mean you've sent a s 77-79 CCA Request to the original creditor (or the debt purchaser) and they've produced signed credit agreements as a result?

    Why don't you start a thread about these two debts so you can get suggestions on how to manage things situation since each situation is different.

    And even having a perfectly compliant credit agreement doesn't necessarily mean that the debt would be enforceable in court if they haven't complied with all their other statutory obligations and/or have assignment issues etc.

    Is the Egg debt a credit card account which was bought by Barclaycard, or a personal loan?

    Ditto the NatWest debt (credit card, loan or overdraft)?

    I'm interested to know which debt purchasers have bought these because that can make a difference as to how things may pan out.

    I look forward to helping you with this on your own thread.

    Di

    Leave a comment:


  • Never-In-Doubt
    replied
    You need to email me the cca to check if you want it checking

    Leave a comment:


  • Warwick65
    replied
    I have a Nat West card that was sold to cabot Although I already had an enforceable signed agreement I sent a new cca. Had one rey about 2 years ago and nothing since. The debt is now SB

    Leave a comment:


  • Beachcaster
    replied
    Hi Niddy,
    I have two Credit Card Agreements which I have sat on for some conciderable time now because the creditors just seem happy enough to let me pay them off with very small amounts every month. They are both pre 2007, one being Egg and the other NatWest and I have both of the original signed agreements. Both have now been assigned to other owners too, and the new owners seem happy to continue in the same vein.
    So, I got to feeling why is this the case? Just maybe both are unenforcable? Are there know issues with these pre 2007 agreements which I should investigate?
    I have no problem with going down the 'unenforcable path' as I have done it successfully a few times in the past. I will be grateful if you will cast your expert eye over the agreements.

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by NottySteve View Post
    My card doesn't show up on ANY credit report - Experian, Equifax or call credit

    That's odd. If this credit card is a live account it should be visible on the CRA files.

    If the account was defaulted for any reason then the file entry would be removed six years to the day the default was registered.

    Were any payments missed so the account was defaulted at some stage?

    You could send a Subject Access Request to Barclaycard to obtain the full history of the account so you'll see exactly what went on.

    Di

    Leave a comment:


  • Warwick65
    replied
    I think it says everything about the refund team when you discover they have a facebook page but their website doesn't work nor are they registered with the FCA

    Many telephone companies offer free blocking services e.g BT do although these people often use spoof phone numbers.

    If the credit card i useful and the balance not too much to cope with then credit cards can be very useful. If you stop paying for whatever reason you will get a default register on your credit file and that will damage you for at least 6 years

    If however things are difficult you probably have a good case for an irredeemably unenforceable agreement .

    While no creditor should take any action against you for sending a CCA request there is anecdotal evidence some creditors terminate the agreement when they receive a CCA request - possibly because they expect you to stop payments if they can not comply

    Leave a comment:


  • NottySteve
    replied
    Thanks for your responses nightwatch - i'll continue to knock back the plethora of calls I get. Very pushy, convincing and confident operators on their phones, and very little web results for The Refund Team so add them to any lists of 'questionable' operators!

    Leave a comment:


  • nightwatch
    replied
    Originally posted by NottySteve View Post
    Hi - I wondered if someone could shed some light on unenforceability please.
    I have had a Barclaycard since 1988/89 no idea where any original agreements might be. It started with a low limit and is now over £15k. Rises in the limit were not requested.

    I successfully got back PPI on the card a couple of years ago, but I'm getting calls now from a company called The Refund Team that are saying my agreement is unenforceable and I could get all my payments back and balance wiped. Too good to be true so I put the phone down and block their number.

    However, curiosity meant I had a look online and there are forums like this discussing the issue, so here's my scenario:
    Card has been active since 1988/89
    I've got perfect credit score, high balance on the card but not overly worried by it whilst I can make payments
    I got PPI back on the card a few years ago
    My card doesn't show up on ANY credit report - Experian, Equifax or call credit
    My limit has raised automatically over the years without my request.
    There was one period of time where the agreement was if I spent at least £50 a month the interest rate would stay at 6.9%. This suddenly ended and I kicked up a stink and they then fixed the rate for life at 6.9%

    Question - I assume The Refund Team are just a scam, the call ended when they wanted money to pursue it. Yes they are trying it on. Also they are being economical with the truth, ie; could get or may get. not "WILL GET" It could also impact your credit rating
    If I were to request my original agreement and they can't, will they just close the account and demand immediate repayment? as long as you are paying them the correct ammount they will do nothing OR they may thing you are going to stop payments and remove your 6.9% intrest option
    if the agreement really is unenforceable, and/or unfair in that I either I had the limit raised without request, or the "spend £50 a month and get lower interest" - is it true that the balance can be wiped?
    No the balance will not be wiped, as for them upping the limit, if you used it it is deemed you agreed to it, you always have the option to tell them you don't want your limit upping

    If life were to take a bad turn for me then I'd be in a right pickle paying it back, but as it stands I can make payments.

    while you are happy to pay it back why rock the boat. If and when it gets a struggle then call back in and we can point you in the right direction for your circumstances
    Best wishes NW


    Thanks
    note my comments in your post,

    Leave a comment:


  • The Tech Clerk
    replied
    If in doubt stay out, scam

    Leave a comment:


  • NottySteve
    replied
    Hi - I wondered if someone could shed some light on unenforceability please.
    I have had a Barclaycard since 1988/89 no idea where any original agreements might be. It started with a low limit and is now over £15k. Rises in the limit were not requested.

    I successfully got back PPI on the card a couple of years ago, but I'm getting calls now from a company called The Refund Team that are saying my agreement is unenforceable and I could get all my payments back and balance wiped. Too good to be true so I put the phone down and block their number.

    However, curiosity meant I had a look online and there are forums like this discussing the issue, so here's my scenario:
    Card has been active since 1988/89
    I've got perfect credit score, high balance on the card but not overly worried by it whilst I can make payments
    I got PPI back on the card a few years ago
    My card doesn't show up on ANY credit report - Experian, Equifax or call credit
    My limit has raised automatically over the years without my request.
    There was one period of time where the agreement was if I spent at least £50 a month the interest rate would stay at 6.9%. This suddenly ended and I kicked up a stink and they then fixed the rate for life at 6.9%

    Question - I assume The Refund Team are just a scam, the call ended when they wanted money to pursue it.
    If I were to request my original agreement and they can't, will they just close the account and demand immediate repayment?
    if the agreement really is unenforceable, and/or unfair in that I either I had the limit raised without request, or the "spend £50 a month and get lower interest" - is it true that the balance can be wiped?

    If life were to take a bad turn for me then I'd be in a right pickle paying it back, but as it stands I can make payments.

    Thanks

    Leave a comment:

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