Online application enforceability???

[spankd1]

I'm sorry if this has already been covered but I can't find anything recent on this subject. After making a CCA request to several creditors/dca's I was sent a copy of an application form with t&c's printed on the back by one creditor stating that that was in place of a credit agreement and a 'reconstituted' copy by another. Where do we stand with online applications and CCA requests and are they more likely to be enforceable?

[Never-In-Doubt]

Re: Online application enforceability???

I'm sorry if this has already been covered but I can't find anything recent on this subject. After making a CCA request to several creditors/dca's I was sent a copy of an application form with t&c's printed on the back by one creditor stating that that was in place of a credit agreement and a 'reconstituted' copy by another. Where do we stand with online applications and CCA requests and are they more likely to be enforceable?

Hi & welcome

see this: ---> Unenforceability - allaboutFORUMS

That explains everything..... we have templates to respond with but after Carey v HSBC well a recon can suffice however it depends what they have sent you, of course

have a read about and come back to us if you need anything

[spankd1]

Re: Online application enforceability???

Mmmmmm, my brain is mashed already - so much info I can't get my head around it all. I think I'll just go down the DMP route as most debts were post 2007 and applied for online so are probably all enforceable anyway.

The only reason I've ended up requesting CCA's is because one debt - to Amex - was apparently passed to some dodgy sounding company called AIC who rung up trying to sound all menacing - but was actually hilarious - demanding immediate payment in full (Ha Ha!! - Oh how we laughed!!) Anyway, because we thought he was another Nigerian finance minister who was going to follow up with an offer of £1 million pounds if we cashed his 10 million dollar cheque and all we needed to do was give him our bank details we told him to put it in writing. Well, they did, and their letters weren't any less amateurish so I CCA'd them to see if they actually had anything at all in relation to this account. We eventually received a copy of an online application and they promptly transferred the account to Newmans without further contact - don't think they liked us!? But as requesting the CCA gave us a bit of extra time I CCA'd all our creditors. One came back 'reconstituted' and another sent a copy of a paper agreement (by that I mean not an online tick box type that I must have completed) so the whole CCA thing has just confused the hell out of me!!

Anyway, it looks like the DMP option but if we go down the that route do we have to include ALL credit agreements. I ask because although we have several catalogue and credit card debts which are in arrears we are also 1 year into a loan agreement for a sofa which is upto date and interest free for 3.5 years - but will incur interest after that date if not paid off. I'm worried that if we get them on the DMP too it'll overrun into the interest bearing period and we'll be stung for shed loads of extra debt (BONUS!!)

What do you think?

[oscar]

Re: Online application enforceability???

AIC is allied international credit - a not so very good DCA.

It would seem you have had different documents for this debt, which to me, indicates that it would be UE.

As for the DMP - I am not sure, though have been led to believe previously that you dont have to include all debts if you dont wont to (happy to be corrected on this)

[Never-In-Doubt]

Re: Online application enforceability???

As for the DMP - I am not sure, though have been led to believe previously that you dont have to include all debts if you dont wont to (happy to be corrected on this)

Correct mate

[Pixie]

Re: Online application enforceability???

But as requesting the CCA gave us a bit of extra time I CCA'd all our creditors. One came back 'reconstituted' and another sent a copy of a paper agreement (by that I mean not an online tick box type that I must have completed) so the whole CCA thing has just confused the hell out of me!!

Have you sent the agreements to Niddy to check over?

I wouldn't rush into a DMP just yet.

[spankd1]

Re: Online application enforceability???

I haven't sent Niddy the agreements as I really don't know where to start. I only really have what the companies I CCA'd sent me and nothing from some other companies as I had already arranged reduced payments with them and didn't want to rock the boat by asking for CCA's.

Is the UE route a waste of time now or is it still worth looking into?
Should I CCA all creditors and see what I get or just crack on with a DMP and omit the sofa agreement?
Would I be able to tell Payplan to omit it or would I have to go through cccs who I haven't already told about it?

Sorry for all the questions but I'm floundering about at the moment not knowing what to do, that makes me sound like a complete airhead, I'm not - my OH calls me his little Panzer when I'm dealing with things like this, but once I've decided what to do I'll be fine and will be totally focused........just need some time and direction!!

[spankd1]

Re: Online application enforceability???

Ok, had a long hard think and a debate and decided that the UE option is worth a try so I'm going to submit the CCA's I've got to Niddy.
Just need to find out how now!!

[Never-In-Doubt]

Re: Online application enforceability???

Ok, had a long hard think and a debate and decided that the UE option is worth a try so I'm going to submit the CCA's I've got to Niddy.
Just need to find out how now!!

ok send em over and lets see eh?

agreements@all-about-debt.co.uk

[mystery1]

Re: Online application enforceability???

Post April 2007, as you said, section 127 (3) does not apply. This is the weapon of choice for UE. It might not be impossible to use other parts of 127 but it depends on the circumstances and the attitude of the Judge.

A failure to comply fully with S78 is helpful but they can correct this at any time so it is a gamble if they failed first time out.

M1

[spankd1]

Re: Online application enforceability???

Thanks for that M1 - just what I wanted - straight to the point. I started my diary anyway tho because pursuing UE might just give me a bit more time until I start negotiating repayments.

[Never-In-Doubt]

Re: Online application enforceability???

Your diary can be found here: ---> spankd1's Unenforceability Diary