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Unenforceable Credit Agreements 24th Sept 2009- Genesis!!


Alloyz1
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Hi Alloyz..

 

Can you tell me what a faulty default notice is?

 

Or how to get my hands on one..

 

Also,are loans really unenforceable if they (creditors) dont give you all the statements/charges that you have had against your account? i waited from 17th June( when i sent my subjec Access Report ) - 12th Sept to get my agreements,but with no history of all my default/charges with my request...

 

do i have a case?

 

Kill Lill...

 

Hi killy

A default Notice is what the creditor sends when you don't pay them on time or at all...

You get sent one and thats how you get your hands on them...

They may not be invalid however, only if the lender is administratively poor.

 

Not sure about the second bit about loans/ charges and things...

 

a SAR should provide everything they hold on you...

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Hi killy

A default Notice is what the creditor sends when you don't pay them on time or at all...

You get sent one and thats how you get your hands on them...

They may not be invalid however, only if the lender is administratively poor.

 

Not sure about the second bit about loans/ charges and things...

 

a SAR should provide everything they hold on you...

The loan only becomes unenforcable, if there are terminal problems with the agreement and not for the poor supply of information in your SAR.

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Hi, not sure this is directly relevant to this post - couldn't find one that was - but the discussion may well help other folk out there.

 

I came to an agreement with Metropolitan ( acting on behalf of HSBC) to pay £25/month towards a debt. That was about 2 months ago and I've made the payments since then.

 

Metropolitan now write to say that the agreement was only temporary and that they now "need" to reassess my position with a view to increasing the payment.

 

The total debt is £2,800

 

Where do I stand on this? I'm concerned that they won't agree to anything I suggest except on a temporary basis and they'll keep coming back for more every couple of months.

 

Any advice/experience ?

 

Thanks

 

Valhalla

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Hi, not sure this is directly relevant to this post - couldn't find one that was - but the discussion may well help other folk out there.

 

I came to an agreement with Metropolitan ( acting on behalf of HSBC) to pay £25/month towards a debt. That was about 2 months ago and I've made the payments since then.

 

Metropolitan now write to say that the agreement was only temporary and that they now "need" to reassess my position with a view to increasing the payment.

 

The total debt is £2,800

 

Where do I stand on this? I'm concerned that they won't agree to anything I suggest except on a temporary basis and they'll keep coming back for more every couple of months.

 

Any advice/experience ?

 

Thanks

 

Valhalla

 

I would start a thread specific to your own situation where you will get advice tailored to your issues.

 

When the payment plan was set up with HSBC, was it done in writing and what exactly did they say. I find it odd that they only set up a payment plan for a couple of months. At minimum they are usually 3 months. I would just write back and tell them that you are unable at this time to increase the payments and ask them to extend it for say a further 6 months.

 

Keep everything in writing.

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As cb says, best to start your own thread. You can post a link back here once done.

 

I am afraid that this is a tactic that collections use. Metropolitan are part of HSBC, just a couple of desks along, with a postal address round the corner. They have no staff!, so when you think that you are dealing with a third party, you are not.

 

Couple of things to think about in the mean time:

 

Have they defaulted your account, with a mark on your credit file.

 

Do you have a default notice from HSBC.

 

Have you seen a copy of your agreement.

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Hi,

 

Sorry to gatecrash....

 

What do you suggest i do if ,my secured loan company send out my agreement with no charges info,when i sent a SAR....i took them approx 3 months to send that tho....

 

I believe they should send all correspondence between us,ie court orders,threatening letters etc....

 

My SAR was sent on 17th june, and my recent letter was sent out requesting missng info on 21st Sept..

 

Whats going on here???

 

Any advice gr8ly app...

 

KILL LILL

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Hi, would really appreciate some advice...

Bank 1 have produced a enforceable agreement for an unsecured loan (May 2007), no problem.

A debt collector (CodeRed Collection Services) have sent a 48 hour notice and requested the full outstanding balance (not just the arrears).

I have an invalid DN served in august/ september, from bank 1.

Should I ask for clarification of the account regarding termination due to the demand for the full balance or is it a given the agreement is terminated due to this?

What lovely reply could I send to the DCA?

Thanks Peeps

Alloyz

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If they issue an invalid DN and terminate, effectively they have terminated without a DN (because the one they issued was not as prescribed).

They cannot lawfully terminate the agreement without a valid DN or they lose their rights to the balance and can only collect/ demand the arrears...

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DD,

Would you recommend then that for all the creditors I have in dispute to follow up on the default notices to check?

Soz for butting in on your thread alloyz

Exasp

 

i have all my cards where a defective DN exists just sitting in a file waiting for them to commence an action!

 

come to AQ's and then apply for strike out wtih the AQ

 

however, i fancy that they wont bother and as i have a truecall they THINK that they are annoying me keep telephoning and i can see them on the other end of the line saying to their buddies

 

" he aint answering but i;m sure the phone ringing annoys the hell out of him""

 

if only they knew-- Bless

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If they issue an invalid DN and terminate, effectively they have terminated without a DN (because the one they issued was not as prescribed).

They cannot lawfully terminate the agreement without a valid DN or they lose their rights to the balance and can only collect/ demand the arrears...

If they issue a faulty or invalid DN, then go on to terminate the agreement, this is unlawful rescission. Basically means that they will only become entitled to the amount of arrears at the time of the notice, less any charges within that sum.

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i have all my cards where a defective DN exists just sitting in a file waiting for them to commence an action!

 

come to AQ's and then apply for strike out wtih the AQ

 

however, i fancy that they wont bother and as i have a truecall they THINK that they are annoying me keep telephoning and i can see them on the other end of the line saying to their buddies

 

" he aint answering but i;m sure the phone ringing annoys the hell out of him""

 

if only they knew-- Bless

How cruel:lol:

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Morning

Some advice please...

situ update...

 

Bank 1 with invalid DN but enforceable agreement is using Code Red Dent Collections and threatening a home visit. Unsecured loan... Waiting for Termination.

 

Bank 2 and 3 Both none enforceable agreements and past 7 days since I again asked for an enforceable one to be sent. Is there a finalization letter to state my position and s*d off unless you have one?

 

Bank 4 Sharkly Card, have sent the 3 page 'why we have discharged our obligation under the act' letter. They only sent a set of T&C, not even an application. What is the best course of action for these please?

 

Thanks for your time so far, it really is appreciated.

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bank one- wait unitl (if) they issue procededings then seek to strike out on the basis on having no just cause (defective DN)

 

bank two and three you can - or just sit on your hands and wait for them to DN and TN (wrongfully hopefully)

 

 

bank four send em a letter explaining why their response does not comply with their obligations under s77/78 whichever

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bank one- wait unitl (if) they issue procededings then seek to strike out on the basis on having no just cause (defective DN)

 

bank two and three you can - or just sit on your hands and wait for them to DN and TN (wrongfully hopefully)

 

 

bank four send em a letter explaining why their response does not comply with their obligations under s77/78 whichever

 

 

Thanks DD, on with it now...

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Morning

Some advice please...

situ update...

 

Bank 1 with invalid DN but enforceable agreement is using Code Red Dent Collections and threatening a home visit. Unsecured loan... Waiting for Termination.

 

Bank 2 and 3 Both none enforceable agreements and past 7 days since I again asked for an enforceable one to be sent. Is there a finalization letter to state my position and s*d off unless you have one?

 

Bank 4 Sharkly Card, have sent the 3 page 'why we have discharged our obligation under the act' letter. They only sent a set of T&C, not even an application. What is the best course of action for these please?

 

Thanks for your time so far, it really is appreciated.

You already have a letter for bank 4, in post # 92.

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