do we need a POC for challenging agreements?

[maybelline]

is there already or can anyone suggest a POC for challenging agreements that do not conform to prescribed terms or are in some other way being challenged as opposed to a POC for penlaty charges, (although this might also be part of it I suppose)?

[gizmo111]

WHy would you need a POC for this? What would you be claiming?

There are a few defences in the debt forums for when the creditor has taken the debtor to court and no agreeement exists.

[hisholinessthepope]

Are you trying to get an account ruled unenforceable and hoping to stop calls and default notices by the creditor?

[maybelline]

Hi there, thanks for your replies, yes, something like that, I worked out or rather Peter, all credit to him, pointed out my agreement was actually unenforceable not having prescribed terms, I was originally asking for penalty charges and removal of default but then looked at my title deed and discovered as it was secured loan, there was a charge on the deed, so I have no choice (it seems) but to challenge the agreement, under extortionate credit bargain and no TCC and apr is wrong also, I cannot wait for them to take me into court as I am not sure they will but nevertheless still need to sort it out. I have paid vast sums already and have no qualms about paying what is fair and correct.

[dpick]

Hi I am in process of taking MBNA through court to have my credit card agreement declared unenforceable re s127(3) missing prescribed terms and refund of charges

 

Was at court today and got stay removed the judge said the style of POC I used is correct as this way the defendant has to answer each and every point you have made.

 

I have posted my POC in post number 69 on the following link, the first three items in POC deal directly with agreement and you may be able to amend to suite.

 

http://www.consumeractiongroup.co.uk/forum/mbna/69982-dpick-mbna-capital-one-4.html?highlight=dpick

 

all the best dpick:)