Unenforcable Agreements

[LuggerBugs]

Re: Unenforcable Agreements

You don't happen to work for them, do you?

Yes, I AM a cynical Lugger. So, this has gone from a thread about unenforcable agreements, to a successful claim for credit card charges.

I'd be more impressed with this "wonderful" company if I saw evidence of a written off account, with all adverse markers removed from your credit files. I am prepared to be astounded though. Having a default sitting around for 6 years seems to be one little thing most, if not all, CMC's forget to mention might be a consequence of having your agreement declared unenforcable. You never see that in their shiny websites.

[tjdaz]

Re: Unenforcable Agreements

No i dont work for them. All Uunenforcable agrrements are with KPS Solicitors now. I will update the thread as things occur. keep the faith

[Amethyst]

Re: Unenforcable Agreements

Ahhhh Keith Park again, they get around. I think they are involving themselves with the proposed test cases, not sure if they have put any cases forward for it but someone from the firm has attended the cheshire case management hearings.



Good luck xx

[tjdaz]

Re: Unenforcable Agreements

Now passed to Consumer Credit auditors

anyone heard of them

[Amethyst]

Re: Unenforcable Agreements

Nope. Must be someone extra special though to be an auditor. bit weird its gone back to auditors though seeing as it was already audited and sent to solicitors on 20th August

All unenforcable agreements now audited by solicitors and sent on to KPS solicitors. Not heard of them before so i hope they are good.

Do you have a copy of the credit agreement btw ? If you post it up here we'll tell you how enforceable it is for free

[tjdaz]

Re: Unenforcable Agreements

Yeh dont understand myself!!

KPS couldn't cope with the amount of work so Reverse Bank Charges are using CCA now

They will audit info within 5 days they say although audited already they must audit again for their insurers sake

Will update as we go

[tjdaz]

Re: Unenforcable Agreements

Eventually sent to Moon Beaver solicitors who have now sent out 28 day letters!!

Two other credit cards, Capital One and Mint are being chased for non disclosure

Will keep this thread going

[Amethyst]

Re: Unenforcable Agreements

http://www.moonbeever.com/

Going round the houses a bit isnt it.

Reverse Bank Charges --- KeithPark Solicitors ---- Consumer Credit Auditors ---- Moon Beever ?

28 day letters until what ?

You have been at this since what May 09 ?

Are you still paying your card payments ?

Were the charges you got back from a credit card on the same Cap One account you are looking to be deemed unenforceable (somehow) ?

[tjdaz]

Re: Unenforcable Agreements

Yeh not been happy with the merry go round

Reverse bank cahrges were crap and passed us around because they dont seem to have a legal arm ready to deliver.

Moon Beaver have sent aout a letter to our creditors of our intentions

[Amethyst]

Re: Unenforcable Agreements

Do you know what those intentions are?

[tjdaz]

Re: Unenforcable Agreements

Letter before action they have 28 days to respond

[Amethyst]

Re: Unenforcable Agreements

Okay, sorry if you feel like I'm asking lots of questions. just trying to see how much they tell you they are doing, or if they are just fobbing you off.

Letter before Action of ? What action ? are they going to try taking them to court for a declaration of unenforceability ? ie they have the agreement but it doesnt comply with the CCA - OR are they taking them to court on grounds of non compliance with sec 77/78 etc ?

Are you still paying the debt ?

[tjdaz]

Re: Unenforcable Agreements

Witness statements signed now and court booked for two months time. Unenforcability of agreements

[Amethyst]

Re: Unenforcable Agreements

Lack of prescribed terms ? (ie on what basis is the claim)

[NLP]

Re: Unenforcable Agreements

Yes, i would be interested to know what type of case he has issued proceedings on.. PT breach sec 60 or uncompliant sec 77/78 docs.