Is this enforceable??

[Amethyst]

Re: Is this enforceable??

Okay, so you borrowed £1940 from the bank (unrestricted use) in a lump sum, with a cost of credit of £240 (is that repaying the entire amount over the first 6 months (noting the 15% introductory rate for advance on date of taking out the agreement) This was paid monthly like you;d pay off a credit card, then as you pay it off you can use the balance if needed by way of cheques/the care to purchase/pay other things up to the credit limit of £2000 ? and those new things would be charged at the 28% rate ?

(please tell me I'm getting there with understand how this works now!)

[Amethyst]

Re: Is this enforceable??

Oh was going to go back and check something on your other thread on CAG but you've taken off the link and I can't remember your username over there now...can you link it again pls.

[Babs]

Re: Is this enforceable??

Well the credit was £2000 but the amount payed into our bank account was only £1940 a difference of £60 ( dont know where that went.) The charge for credit was £240 but I cant remember where that came from,dont they usually add it to the total??
Sorry about the link:
http://www.consumeractiongroup.co.uk...-s-enforceable

[Amethyst]

Re: Is this enforceable??

Lol well if you dont understand how it works either I have no hope lol. Just thought it best we understand the product before arguing the enforceability , like I say the Trade Premises and restricted use credit parts would affect what you say regarding the right to cancel and so on.

Have checked the CAG thread now, do you want to wait for andyorch's defence he's writing for you ? The precontractual documents give you most things you need to know (but they are your original copies arent they) so the bank need to supply your actual executed documents - especially as you say it was not restricted use credit, and was not signed on trade premises, in which case that copy they have sent is just irrelevant, even ignoring the complete lack of info on interest and dates etc. So the embarrased defence is the right way to go to get the docs out of them on your sec 31 request without going too deep into it. I'm going to do some more reading on these types of accounts as their sitting in the CCA seems very complicated.

[Babs]

Re: Is this enforceable??

baaaaaaa

[Babs]

Re: Is this enforceable??

baaaaaaaaaaaaa

[Amethyst]

Re: Is this enforceable??

The Household Bank, on trade premises, agreement you have posted up - that was supplied prior to the claim wasnt it.

Have you communicated with them since receiving that ref the % being blank and the trade premises part being incorrect and basically having nothing other than your name address on to identify you. I assume as you have stopped paying you have communicated with them and they have insisted that is the correct and only copy and relates to the same account n?

That defence is exceedingly generic.

[Babs]

Re: Is this enforceable??

baaaaaaaaaa

[Amethyst]

Re: Is this enforceable??

s'ok it happens when you paste from emails/word - easiest is to paste to notepad to remove all the formatting then copy and paste to the forums.

The letters good, and mentions that it doesnt seem to be the right document. Did you send by recorded or anything ? So you can show you raised the query with them prior to the claim and ts not a sudden reaction to the claim issue. Any other letters from them on the matter since ?

I would be tempted to personalise the defence a little - a bit more about the actual events, are you attaching your CPR request and letters to it or just filing it on line?

[Babs]

Re: Is this enforceable??

baaaaaaaa

[Amethyst]

Re: Is this enforceable??

Just instead of using a template defence, answer the points in the actual claim. Jotted a couple notes so think you'll get the idea why this seems too generic and possibly wouldnt gain you any favour with the judge.

1. I, xxxx of xxxxx make this statement as my defence to the claim brought by xxxxxxxx

2. The claimants particulars of claim are vague (they arent really are they - they list the account numbers and the cca etc and really as far as Northampton Bulk claims go its hugely detailed lol it includes accounts numbers & amounts ) and fail to disclose any cause of action (again not really ), they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system (which rules and why? not to put in just askingif you know and they actually do fail - as you are signing a statement of truth on this)

3. No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information via CPR 31.14 dated xx/xx/xxxx sent by recorded delivery none has been forthcoming and as a result I cannot plead in defence to the claim poss add in about the letter before the claim was bought but otherwise yep, thats what happened and is the main issue you have with the claim.

4. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon. same as above.

5. Further to the above, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

Statement of Truth

[Amy]

Re: Is this enforceable??

Why don't you just make an offer to pay?

[Babs]

Re: Is this enforceable??

baaaaa

[Amethyst]

Re: Is this enforceable??

Not at all. You need to step back and consider what you want to do - do you want to try defending this on grounds of unenforceability (although I think you are on a hiding to nothing with that in the long run to be honest) or do you want the court to order installments at an affordable rate?

It is easy when everybody is talking about unenfroceable agreements and getting debt written off to get dragged in and go along with things you may not be 100% confident with, but when it comes down to it you have to remember that this is your life, your credit record and you that has to bear any costs if you lose in court after a protracted battle on technicalities of the CCA ( and its you will have to stand up in court and argue against whatever nobs they decide to bring in)

We'll help you whichever way you need, we just want to make sure you know what you are getting into, and embarrased defences often put off the inevitable and increase costs. You know you had the debt, and were paying it off - there don't seem to have been any major issues with it (although of course we only know what you have told us so anythng else would be a good idea to say) - now you have a mark on your credit file (probably) and have doubled the debt with costs/solicitors fees and effort and gained a heap of stress. That you have gotten this far and still arent sure whether the agreement is enforceable - 8 months after stopping paying - is worrying.

We want what is best for you, and we're not anti CCA or anything mad. Just step back, think about it and don't just go with the flow xx

Ame

xx

[Babs]

Re: Is this enforceable??

baaaaaaaa