Unenforceable debt?

[rt72]

Hi,
This is my first post here so apologies if I've done the wrong thing by creating a new thread.

I have a question regarding whether or not a credit card debt might be unenforceable on the grounds of missing "prescribed terms" in the credit agreement. The card was taken out in 2005.

The law seems very complex so it's hard to establish what may or not be correct in my case

Any advice gratefully received
Thanks in advance

[nemesis45]

Re: Unenforceable debt?

Good afternoon, welcome to LB,

An agreement signed prior to April 2007 ( when change to the CCA 1974) were not included in the changes re T's & C's.

Is this account ? Live, Payments Maintained. Defaulted, Dormant?

nem

[rt72]

Re: Unenforceable debt?

Hi nem
The account is in default

[ostell]

Re: Unenforceable debt?

And defaulted when? Or more correctly last payment date

[rt72]

Re: Unenforceable debt?

An agreement signed prior to April 2007 ( when change to the CCA 1974) were not included in the changes re T's & C's.

PS could you clarify what you mean by this
thanks

- - - Updated - - -

And defaulted when? Or more correctly last payment date

last payment made August 2012

[nemesis45]

Re: Unenforceable debt?

Hi nem
The account is in default

What is the default date RT?

When did payments cease?

Is it still held by the original card provider or has it been sold?

nem

[rt72]

Re: Unenforceable debt?

What is the default date RT? -

When did payments cease?

Is it still held by the original card provider or has it been sold?

nem

I'm unsure the official default date but around late 2012/early 2013
last payment - August 2012
Halifax sold it to 1st Credit in Nov 2014

[nemesis45]

Re: Unenforceable debt?

I'm unsure the official default date but around late 2012/early 2013
last payment - August 2012

Halifax sold it to 1st Credit in Nov 2014

Have you sent 1st Credit a CCA request + £1 statutory fee?

nem

[rt72]

Re: Unenforceable debt?

Have you sent 1st Credit a CCA request + £1 statutory fee?

nem

In January this year I asked for a copy of the original agreement and statements.
Eventually (9 months after my request) I received what they claim is - A signed copy of credit agreement, a true copy of credit agreement at time account was opened, and varied terms at the time of default..
I did not asked in a prescribed way or send the £1 fee as I wasn't aware of the CCA request format at the time
It is this documentation that my original thread question relates to.

[nemesis45]

Re: Unenforceable debt?

In January this year I asked for a copy of the original agreement and statements.
Eventually (9 months after my request) I received what they claim is - A signed copy of credit agreement, a true copy of credit agreement at time account was opened, and varied terms at the time of default..
I did not asked in a prescribed way or send the £1 fee as I wasn't aware of the CCA request format at the time
It is this documentation that my original thread question relates to.

OK missing terms imo renders the agreement unenforceable.

nem

[rt72]

Re: Unenforceable debt?

OK missing terms imo renders the agreement unenforceable.

nem

Ok I think that was my expectation. What I'm not clear about is what would constitute "missing terms" - there's seems to be some complexity regarding what needs to be on the actual agreement vs true copy and how much this might vary for pre April 2007 cards. Are you able to advise on that?

[nemesis45]

Re: Unenforceable debt?

Ok I think that was my expectation. What I'm not clear about is what would constitute "missing terms" - there's seems to be some complexity regarding what needs to be on the actual agreement vs true copy and how much this might vary for pre April 2007 cards. Are you able to advise on that?

I think you are referring to the " Four Corners rule" having all data on the one page.

The missing terms invalidate the agreement imo.

nem

[rt72]

Re: Unenforceable debt?

The missing terms invalidate the agreement imo.

nem

Sorry if I'm being dumb - which missing terms? I'm trying to ask if there are any "missing terms" not stating that there definitely are "missing terms", can you or anyone else point me in the direction of how I can establish if there are "missing terms" in my agreement

Thanks again

[nemesis45]

Re: Unenforceable debt?

Sorry if I'm being dumb - which missing terms? I'm trying to ask if there are any "missing terms" not stating that there definitely are "missing terms", can you or anyone else point me in the direction of how I can establish if there are "missing terms" in my agreement

Thanks again

Your post#1 missing terms?

nem

[rt72]

Re: Unenforceable debt?

Your post#1 missing terms?

nem

Sorry my original post was not clear. What I should have made clear was that I'm trying to ask if there are any "missing terms" not stating that there definitely are "missing terms", can you or anyone else point me in the direction of how I can establish if there are "missing terms" in my agreement?