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Thread: What should I write ????????????????

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  1. #1
    babyellis's Avatar

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    Default What should I write ????????????????

    Morning everyone, Trading Standards have looked at my loan credit agreement and have told me that even though I have reclaimed the PPI the agreement itself contains flaws and that the agreement is unenforceable, 1 is that the PPI monthly repayment amounts are missing and the 2nd is there is no mention of the 5 day cooling off period. Trading Standards have told me to write to the bank concerned , my problem is that I dont know what to write. Can anyone give me advice

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    Amethyst's Avatar

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    Default Re: What should I write ????????????????

    have a read of this guide ~~~ Consumer Credit Agreements - A Guide ~~~~ inc. Letters - Legal Beagles it should give you some ideas.

    Are you still making payments on the loan ? how long is remaining ?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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    babyellis's Avatar

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    Default Re: What should I write ????????????????

    yes still making token payments Amethyst and recently sent them an expenditure form, it was a 5 yr loan and just over halfway through now. x

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    Amethyst's Avatar

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    Default Re: What should I write ????????????????

    Okay - what would you like to do, obviously the agreement being faulty is in your favour completely. You can either ask them to write off the debt or accept a low full and final settlement payment due to your circumstances using the UCA as leverage - I think that would be the best option. Or you can continue making installment payments at a rate you can afford until the original loan amount is paid off. Or you can look at getting a solicitor to take it to court for a declaration of unenforceability. Or stop paying wait for them to take you to court then defend the claim on the UcA basis (most hassle and most damage to credit file)

    Hows your credit rating ? The first option I think is kindest on credit ratings if its done before defaulting on payments..
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    babyellis's Avatar

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    Default Re: What should I write ????????????????

    I would like the debt written off altogether really, the problem is I dont know how to word the letter, thanks for helping me Amethyst I have posted on other forums but none have been as quick or as willing to help as you. xx

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    Amethyst's Avatar

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    Default Re: What should I write ????????????????

    Okay will help you with a standard letter due to circumstances ? If you think your circumstances warrant that approach, using the UCA as leverage ?

    If you could scan in the agreement that would be useful so we can see what we are dealing with although you have outlined it well I'd hate to throw you into this without checking it over. Also which company, amounts etc wouldbe helpful.

    For a starting point you can use this letter from Curly (have amended a couple bits) but read through carefully and amend to suit your exact circumstances and what you want the outcome to be.

    They CAN and probably will mark it to your credit file so consider how important that will be to you, and whether you can continue fighting the company to have that removed. Bear in mind the recent cases where the judge virtually said the lenders could carry on with reporting etc as it wasnt considered enforcement.

    The letter is based more on no CCA but I think it covers nicely a non compliant CCA (as we havent seen what they have supplied its a bit difficult. but I dont think I would spell out to them at this stage the reasons the agreement is unenforceable)

    I very much doubt they will just roll over and say 'ok we;ve written it off' at this stage so expect a nice threat of action back and something about how it will affect you. An argument to go back with (IMO) if you have paid more than the original loan amount back already is when they argue that although no cca there is still a debt, with no cca then theres no basis on which they can charge you interest etc. so the basic debt is already paid.





    Formal Complaint


    Dear Sir/Madam,

    With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

    On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.
    You have failed to fully comply with my request, and as such the account entered default on **DATE**.

    The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

    As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt unenforceable in law.

    Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

    The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

    * may not demand any payment on the account, nor am I obliged to offer any payment to you.
    * may not add further interest or any charges to the account.
    * may not pass the account to a third party.
    * may not register any information in respect of the account with any credit reference agency.
    * may not issue a default notice related to the account.

    Therefore this account has become unenforceable at law.

    Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

    After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

    I have already spoken with Trading Standards and they have agreed with my view that the documents you have supplied are not enforceable under the Consumer Credit Act.

    You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. As a gesture of goodwill I have continued to make payments to your company in the case the alledged agreement is properly constructed, however as I am now aware this is not the case, and my circumstances are such that I am unable to continue with these payments, I shall cease these or any further payments to your company on or about (DATE OF NEXT PAYMENT AFTER THE 14 DAYS).

    I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

    I would appreciate your due diligence in this matter.

    I await your rapid response.

    Yours Faithfully
    Last edited by Amethyst; 28th October 2009 at 21:40:PM.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    Curlyben's Avatar

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    Default Re: What should I write ????????????????

    Do you have Trading Standards comments in writing, as this would add weight to your argument for having the loan written off.
    Have fun, I'm done..

    Laterz


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    babyellis's Avatar

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    Default Re: What should I write ????????????????

    Hi Curly thanks for helping, I haven't got it in writing from trading standards they told me over the telephone i'm afraid,
    ------------------------------- merged -------------------------------
    Hi Amethyst, I'm not sure of how to scan a document on here could you tell me how to do it please, afraid i'm a bit thick on the computer side of things, x
    Last edited by babyellis; 31st October 2009 at 07:59:AM. Reason: Automerged Doublepost

  9. #9
    Amethyst's Avatar

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    Default Re: What should I write ????????????????

    first step - have you got a copy of the document scanned into your computer ?

    If so then if you click either or Go advanced (under the quick reply box) it takes you to full editing page where in the bar next to thethere is a - click that and select Manage Attachments, then browse, locate the file and click upload.

    should work ok. If not it is fine to email it to [email protected] and we'll do it for you
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  10. #10
    babyellis's Avatar

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    Default Re: What should I write ????????????????

    Hi Ame, have re-emailed documents to you, sorry for the mess up

  11. #11
    Amethyst's Avatar

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    Default

    Credit Agreement Woolwich loan
    Last edited by Amethyst; 3rd November 2009 at 07:26:AM.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  12. #12
    Amethyst's Avatar

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    Default Re: What should I write ????????????????

    Yes I agree with TS that there is a flaw in that there isnt a monthly payment seperate for the insurances loan and for the main loan, although I'm not sure that in court this would be successful as making the document unenforceable due to the paragraph directy below the monthly payment.

    It reads (barring odd word as its a little unclear on the scan)

    One monthly payment of £0 followed by XX monthly payments of £188.50

    We will divide your monthly payments between the cash loan and the Insurance loan in the same proportion are they
    are to the total loan.



    Having said that it isnt to the letter of the CCA and should be unenforceable but I dont think it is iredeemably unenforceable so a court could enforce it.

    Only my opinion.

    Anyway that aside, the cooling off period isn't there, and I cant tell if there is a seperate signature for the PPI or not ?

    Whatever its certainly enough to give Woolwich some trouble so I'd stick with the plan lol.

    Will ask someone else to take a look as well
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  13. #13
    Amethyst's Avatar

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    Default Re: What should I write ????????????????

    Curls just mentioned there only seems to be the APR shown not the percentage rate of interest used, so theres another coffin nail for you
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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