Is My Agreement Enforceable - Useful

[stalin's dead]

any thoughts on my issue at present? :

 

In dispute with A & L over 2 alien signatures on my credit agreement. The signatures that appear in the loan agreement box and the PPI box are forgeries. This loan was a consolidation (nov 2005) loan (my previous loan did not have PPI and i have never requested PPI on the second loan). When i rec'd the loan agreement they had included PPI (£1500) - i recall the phone call and specifically refused PPI as i had a pre-existing medical condition but my previous loan didn't have PPI and i didnt need PPI but they forced the issue. Anyway i sent back the agreement unsigned and asked for a new agreement minus PPI. 3 days later they paid the loan money into my bank. I awaited the new agreement and made loan payments as per the agreement fearing a default would affect my rating. they had me by the balls, essentially. I simply forgot about the agreement.

 

when i couldnt maintain payments in sept 09 i did a CCA request and discovered the two forged signatures on the agreement. the two signatures were completely different from one another. If both the loan and ppi signaturees were mine then you'd expect them to be virtually identical ie one signed directly after the other but they were totally different!! it was obvious that someone had signed the PPI box to claim the commission on the PPI policy (a FSA report into A & L PPI misselling in 2008 stated that the average commission on a PPI policy sold alongside a loan was around £500-600) so you can see why someone signed it off without my knowledge. i suspect the signature for the loan was a simple act of completion and not any criminal intent to defraud.

 

does the PPI fraud render the WHOLE AGREEMENT voidable rather than null and void? Can i get the contract rescinded? Does the PPI agreement form part of the whole loan agreement or are they separate contracts?

 

i submitted a formal complaint to the FOS 2 weeks ago. the A & L offered me a full refund on the PPI but i declined this. They know what's happened here ie signature forgery but they wont admit liability YET. If the FOS dont rule in my favour then it'll got to court but if i take them to court then I WILL have to prove fraud and i believe this is diffiicult so i may wait for the A & L to take ME to court

 

appreciated

 

sd

[Queen of Debts 21]

Hello, I am new to the forum and in the early stages of requesting credit agreements from creditors. Most of our debts are prior to 2004 and have been sold onto DCA's. I have recieved a couple of letters back, as follows:

Amex Green Charge Card - pre approved Application

NatWest - CC App Form

 

both are signed but neither specify APR, repayments etc. Although NatWest have included a copy of the booklet the application was attached to which highlights examples of credit limit and repayments etc.

 

Is an application form the same as a credit agreement?

All help will be very much appreciated.

Thanks

[diddydicky]

Hello, I am new to the forum and in the early stages of requesting credit agreements from creditors. Most of our debts are prior to 2004 and have been sold onto DCA's. I have recieved a couple of letters back, as follows:

Amex Green Charge Card - pre approved Application

NatWest - CC App Form

 

both are signed but neither specify APR, repayments etc. Although NatWest have included a copy of the booklet the application was attached to which highlights examples of credit limit and repayments etc.

 

Is an application form the same as a credit agreement?

All help will be very much appreciated.

Thanks

 

you need to start a new thread - then you will get advice

 

an application form, if it contains the prescribed terms and at least the debtors signature can be a valid agreement yes

[livelifeloveit]

best of luck mate i had copy of my application with alliance and lecster as i have a charge on my house with link financial and also on mine were i ticked the no box its been crossed out and the yes box has been ticked and it was not my doing

[DoubleU]

How do I attach a file?

 

Thanks

Edited February 15, 2010 by DoubleU

[foolishgirl]

Go to 'Post Reply' at bottom LH of page. You get a new box up. On the toolbar you'll see a paperclip & arrow. Browse for the file you want to attach. Post your message with attachment.

 

Useful link:How Do I....? A Dummies Guide to the Forum - Consumer Wiki

[phatram]

Enforceable or not?

 

[phatram]

[DoubleU]

Hi all,

 

I sent all my CCA Requests out. All pucker and above board.

Got 1 reply only (sofar and only 2 days to go)

 

The agreement (attached) looks OK to me, but please can anyone help, have a look at this and help me out?

 

Thanks

 

DoubleU

Copy Credit Agreement Tricity Fin. blanked out.doc

[DoubleU]

Go to 'Post Reply' at bottom LH of page. You get a new box up. On the toolbar you'll see a paperclip & arrow. Browse for the file you want to attach. Post your message with attachment.

 

Useful link:How Do I....? A Dummies Guide to the Forum - Consumer Wiki

 

 

 

Hi Foolishgirl,

 

Thanks for that, that was kind of you.

 

PS I knew there was a Dummies Guide for me somewhere!!! Lol

[daisy102]

hello

[daisy102]

sorry pressed wrong button b ut hello anyway

[phatram]

Enforceable or not?

 

 

bump

[SteveH2508]

Impossible to say until you get a legible copy so No, it fails on the legibility requirements.

 

I cannot even make out who the creditor is, nevermind any Prescribed Terms or anything else.

[richardteather]

Hi all

Just wondered if any could help me or point my in the right direction.

 

I got a judgment in the small claims track on a unenforceable agreement that ordered C L Finance to supply credit agreement which complies with the act, default notice,deed of assignment, notice of assignment with proof of service, copies of any other document relied on,

And it said

If the claimant fails to comply with this order the claim will be struck out without further order,

And C L Finance did not comply, no default notice and agreement does not comply,

This was in November 2009,

Now I have a now order from a different judge which says

In light of the decision in Carey v HSBC and others the parties should by the 3rd March file and serve their further submissions and proposed direction.

 

IF ANY ONE CAN HELP PLEASE don’t know what to send in, and only got a week

[DoubleU]

Hi Richardteather,

You need to start a new thread - that way, you will get a response that is aimed at your specific situation. However, I cannot help but ask: You had a judgement against C L Finance in November 2009, and they have not complied at any time since then. What was the timespan given by the Judge in which they had to comply?? You generally only have 30 days to comply with a CCJ. I understand from what you say that CL Finance had 30 days to comply with the Court, otherwise their claim on you would be struck out with immediate effect (i.e.: immediately and automatically 30 days after they failed to comply with the Court's instructions) I am not sure, but surely this means that that is the end of the case? Unless you missed something and they had the judgement set aside or appealed. Any Caggers that can advise on this please?

DoubleU

[richardteather]

thanks for that, yes that is what i thought, would i have been sent a letter if they had it set aside or appealed

[popeye1]

I thivk you you should phone the court,but as Du says if they have not complied with first order in time,then game over ,others with more knowlege will be along shortly i am sure

[Mightyacorn]

I thivk you you should phone the court,but as Du says if they have not complied with first order in time,then game over ,others with more knowlege will be along shortly i am sure

 

Have a look at my thread:-

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/175074-mbna-let-battle-commence-5.html#post2782019

[littlebitlost]

Hi All,

 

I Would be very grateful if anyone could take a minute to see if this is enforceable or share their opinion on this.

They are rejecting all my reasonable payment offers demanding that I pay it all at once

 

Enough

 

CCA Copy.pdf

 

CCA2.pdf

 

Thanks and regards,

 

Littlebitlost;-)

[reallymadwoman]

Hi All,

 

I Would be very grateful if anyone could take a minute to see if this is enforceable or share their opinion on this.

They are rejecting all my reasonable payment offers demanding that I pay it all at once

 

Enough

 

[ATTACH]16622[/ATTACH]

 

[ATTACH]16623[/ATTACH]

 

Thanks and regards,

 

Littlebitlost;-)

 

Is there anything to link the two pages you have been sent - I'm mighty suspicious that those terms and conditions are not the ones that were in force at the time the card was issued.

Which DCA are you dealing with and approximately how much is outstanding?

[DoubleU]

Hi mightyacorn and littlebitlost,

Sorry but I think both of you are a littlebit lost. This particular thread is not the right place. It is too general a discussion (55 pages). You each need to start your own thread, you will get a much better reaction. So, give it a good thread name and I wish you luck. Unfortunately, I do not know enough to be able to help you; caggers with more experience need to have a look at it.

Best of luck,

DoubleU

[SteveH2508]

Is there anything to link the two pages you have been sent - I'm mighty suspicious that those terms and conditions are not the ones that were in force at the time the card was issued.

Which DCA are you dealing with and approximately how much is outstanding?

 

I would place a sizeable bet that they are not the T&Cs for the original card (Sep 2004). The £12 default charges place the T&Cs at 2006 (when the OFT issued their first whitewash)

[Old Cogger]

I would place a sizeable bet that they are not the T&Cs for the original card (Sep 2004). The £12 default charges place the T&Cs at 2006 (when the OFT issued their first whitewash) ++

 

 

 

Certainly latest T&cS I suggest, so would not link to 2004 in any way, £12 is give away.

[Mightyacorn]

Edited February 24, 2010 by Mightyacorn
Wrong thread - apologies