'm not sure if this is the right place to ask this question - I'm pretty new to this

I have a loan that is settled and a credit card that is settled - can I still send for the agreements to see if they are enforeceable - they were taken out in 2000. If so and they are unenforceable can I claim back waht I have already paid them?

Thanks

mandy

I'm not sure if this is the right place to ask this question - I'm pretty new to this

I have a loan that is settled and a credit card that is settled - can I still send for the agreements to see if they are enforeceable - they were taken out in 2000. If so and they are unenforceable can I claim back waht I have already paid them?

Thanks

mandy

This was forwarded to me by a solicitor - not by the debt agancy. I'm now worried that I may be in serious trouble if I try to force them to send me more documents or fail to pay

Where was the credit agreement signed?

Hi,

Thanks for your reply. They posted it out to me. I signed it and sent it back.

Mandy

Mandy

That agreement is enforceable only if pages 1 & 2 are the same document - part of te same page or back and front of the same page. Also they don't have "Your right to cancel" so they should have sent you this within 7 days - did they?

Hi,

I'm not sure that they did. The loan was taken out in 2006 -- I was ill at the tme and honestly don't remember signing for it . I had an over draft with tsb. They sent me out this loan application to clear the overdraft.

This is where it gets a bit tricky. The agreement can be on two pages at the time that yours was taken out but the two pages need to be linked. From your scan it looks like the pages are linked through the info at the bottom of the page - although its not terrible legible.

 

I've checked the APR and this is within the tolerance allowed for credit agreements.

the info at the bottom of the page in the right hand corner are just the address and details. The next page seems to be separate - I could be wrong !

thanks

mandy

information looks ok

 

maybe enforceable as they are 2 seperate documents

 

or is it one, front and back?

Thanks for your reply. These have been sent back as two separate documents. I'm not sure if they were back to back at the time of signing - I don't think they were - I cannot be sure.

Mandy

mandym501 - Photobucket - Video and Image Hosting

The documents are here - I'm not sure if it's the original because it is a fax.

i thought they had to send it to me before the time limit to be enforceable

Thanks

mandy

Are you certain that it is a copy of the original- and not a copy, of a scan, of the original.

It has been known for the original to be scanned onto a computer and the original destroyed. This scenario would mean (IMHO) that the debt would be unenforceable.

Hi, It is a fax so i'm not entirely sure.

Thanks for replying

Mandy

Thanks for the tip - I'll do that now

Thread moved to Debt Collection Forum.

 

If a complying credit agreement is sent after the 30 day period they can once again enforce the agreement. Is it possible for you to scan and post a copy of the agreement? Please remove all personal details first.

Hi,

I have scanned in what was sent to me by the solicitors.

Mandy

Thread moved to Debt Collection Forum.

 

If a complying credit agreement is sent after the 30 day period they can once again enforce the agreement. Is it possible for you to scan and post a copy of the agreement? Please remove all personal details first.

Hi, thanks for the reply.

I thought that if they did not reply with the agreement within the time limit they had broken the law. The DCA did not send this to me but solicitors - it is not the original but a fax. I will scan in the details.

thanks once again

mandy

Hi Mandy

 

You would be better off starting your own thread so that you can get the best advice. Have a look at this thread to help you:

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

You can post your thread title here when you've done it so people can give you support on it

Hi hopeful1 - Thanks for your advice - I have started a new thread. i didn't know how to do it !

The new title is " Credit agreement appeared after time limit"

thanks again

mandy

Hi.

i'm new to the site and not sure if this is the right place to post.

In decemebr last year I sent off for a copy of my credit agreement - I waited the 12 working days plus 30 days time limit. I wrote to the debt company 1st credit and told them they had committed an offence by not sending me the credit agreememt in within the time scale. I also sent a letter to TSB, who the original debt was with teling them the same. I also sent a letter to the OFT telling them I had had no response.

I heard nothing else - This week I got a etter from a solicitor with a copy of the credit agreement. Is this now enforcable now it has appeared - even though it was late and I made a complaint?

Any advice would be greatly appreciated.

mandy

I haven't tried the financial ombudsman - I did report it to the OFT though - do you think that should be the next step?

Thanks

mandy

Hi.

i'm new to the site and not sure if this is the right place to post.

In decemebr last year I sent off for a copy of my credit agreement - I waited the 12 working days plus 30 days time limit. I wrote to the debt company 1st credit and told them they had committed an offence by not sending me the credit agreememt in within the time scale. I also sent a letter to TSB, who the original debt was with teling them the same. I also sent a letter to the OFT telling them I had had no response.

I heard nothing else - This week I got a etter from a solicitor with a copy of the credit agreement. Is this now enforcable now it has appeared - even though it was late and I made a complaint?

Any advice would be greatly appreciated.

mandy

Hi.

i'm new to the site and not sure if this is the right place to post.

In decemebr last year I sent off for a copy of my credit agreement - I waited the 12 working days plus 30 days time limit. I wrote to the debt company 1st credit and told them they had committed an offence by not sending me the credit agreememt in within the time scale. I also sent a letter to TSB, who the original debt was with teling them the same. I also sent a letter to the OFT telling them I had had no response.

I heard nothing else - This week I got a etter from a solicitor with a copy of the credit agreement. Is this now enforcable now it has appeared - even though it was late and I made a complaint?

Any advice would be greatly appreciated.

mandy

Hi.

i'm new to the site and not sure if this is the right place to post.

In decemebr last year I sent off for a copy of my credit agreement - I waited the 12 working days plus 30 days time limit. I wrote to the debt company 1st credit and told them they had committed an offence by not sending me the credit agreememt in within the time scale. I also sent a letter to TSB, who the original debt was with teling them the same. I also sent a letter to the OFT telling them I had had no response.

I heard nothing else - This week I got a etter from a solicitor with a copy of the credit agreement. Is this now enforcable now it has appeared - even though it was late and I made a complaint?

Any advice would be greatly appreciated.

mandy