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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Studio sent me a blank unopened agreement - what next?


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I sent a CCA for my mum to Studio cards, she received a reply yesterday stating they have enclosed a copy of the agreement, it is a blank one that hasnt even been opened, and that she should have the original.

 

What would be my next step on this? I thought since they cant supply copy of original with my mums signature they cant enforce this debt, just wanted to check this is the case before I write to them.

My claims

 

Halifax - Data Protection Act 26/5/06, non compliance of Data Protection Act 20/07/06, Prelim £260 3/8, LBA 19/8

TSB - Data Protection Act 25/6/06, total £225, Prelim 4/7, LBA 11/7, court claim filed 27/7

Capital One - DPA 20/06/06, Prelim £270 1/8 LBA sent 9/8

B.O.S CC - DPA 20/06/06, prelim 6/7 £130, LBA 21/7/06, court claim to be filed

Citi cards - Data Protection Act sent 20/06/06, prelim 26/07 £520, LBA t 14/8

Black horse finance - DPA 18/06/06, prelim 31/7 £180, LBA 7/8

Halifax joint account - Prelim 6/7 £744, LBA 22/7 court claim to be filed

 

My Mums claims

 

MBNA - DPA 13/06/06, Prelim 17/7 £738, LBA 7/8

Capital One - DPA 29/05/06, Prelim 10/8 £570

Barclaycard - DPA 20/06/06, Prelim 6/7 for £420, LBA 17/7 court claim to be filed

Littlewoods CC - DPA sent 3/7, non compliance of DPA sent 14/8

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Thye have an initial 12 working days to provide after which they are in default, After another 30 calendar days the debt becomes unenforceable in law. This is included in the consumer credit act and boils down to the simple fact that the loan company have to be able to prove a debt exists before they can take payments for it. So if they dont have the agreement they can't prove the debt even exists.

 

No court in this country will enforce a debt without documentary evidence that it actually exists.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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So then, if the debt cannot be enforced because there are no documents, what happens to the debt being listed on a credit file?

The way I understand it, and I could be wrong, is that should the documents turn up then the debt can be chased again, providing it is less than six years old.

From the credit file point of view would the debt still be marked as unsettled?

Halifax settled

Halifax (again) settled

Nationwide settled

Natwest settled

Don't forget to donate to this site, they gave us the backbone to put up a fight, we've learnt how to reclaim our rights and proved banks are all nothing but........ rubbish <wink>

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I would expect if the debt can't be proved then it would be removed from credit records but I may be wrong, after all how can they record something that can't be proven in court? Also I am not sure what would happen if a company accepted it was unenforceable and then the documents appeared after it had been settled, I'm not convinced they could suddenly turn around and say we found it now pay us, and I am sure a court would take a very dim view of it.

 

Just my humble opinion and I am happy to stand corrected by anybody with more knowledge.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Thankyou.........that helps clear my mind!

Halifax settled

Halifax (again) settled

Nationwide settled

Natwest settled

Don't forget to donate to this site, they gave us the backbone to put up a fight, we've learnt how to reclaim our rights and proved banks are all nothing but........ rubbish <wink>

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