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Ltsb have taken funds from my current account to pay my CC debts, if the CC agreement is unenforceable (no signature etc) can they still do this?
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Re: TSB CC unenforceable - set off ????
Unless it has been proven unenforceable in a Court of Law, yes they can. Sorry! -
Re: TSB CC unenforceable - set off ????
If you are in financial difficulties, you should get your salary, wages or benefits paid into an account which is with a separate organisation to any of your liabilities. A small building society or a credit union account may be helpful for this purpose.
The YOU can control how much is paid and when to the various creditors.Comment
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Re: TSB CC unenforceable - set off ????
Just a quick question, was the current account a joint account and the credit card account in your name only?Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.
By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.
If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.
I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.
The Governess; 6th March 2012 GRRRRRRComment
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Re: TSB CC unenforceable - set off ????
You should also, if in financial difficulties, look at doing a CASHflow Income and Expenditure or a Common Financial Statement I&E through a FREE debt adviser. The charges at least, and hopefully interest should be frozen then for you.Originally posted by whatnest View PostComment
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Re: TSB CC unenforceable - set off ????
Thanks teaboy, i realise that now, but the horse has bolted !!!!
Both accounts in my name only.
I've done the interest frozen bit, got back charges and reclaimed PPi, all thanks to this site.
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Labman thanks for the posts, so how do i now get them to court ??Comment
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Re: TSB CC unenforceable - set off ????
well what do you intend to take them to court for? You have got the interest frozen, you have got back the charges and have reclaimed PPI - So just what are you wanting to take them to court for?Originally posted by whatnest View Post
Reason i ask is because they are well within their right to set off the card debt with your current account. Though as labman said you can "if in financial difficulties, look at doing a CASHflow Income and Expenditure or a Common Financial Statement I&E through a FREE debt adviser."
You could also make a complaint to the bank demnding they put the money back in your account as it is causing you hardship and you have prority debts to pay such as rent, council tax etc which take prority over that of the credit card debt.Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.
By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.
If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.
I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.
The Governess; 6th March 2012 GRRRRRRComment
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Re: TSB CC unenforceable - set off ????
To clarify yes they have refunded the excessive bank charges (over limit, referall, etc..)
But as you can imagine monthly interest charges on the account over 10 years with the balance between £8,000 and £10,000 most of the time adds up to a tidy sum., so i am trying to understand if i can take them to court to recover interest payments made against a CCA that is unenforceable (no signatures, prescribed terms missing etc.) The outstanding balance is in effect the value of all those interest charges.
The last bit on hardship etc . is useful thanks to you and labman for that, it is just the kind of ammunition i need at the moment.Comment
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Re: TSB CC unenforceable - set off ????
Their obligations to people in financial difficulties are in section 9 of the lending code but they are not enforceable in court.
http://www.lendingstandardsboard.org...endingcode.pdfComment
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Re: TSB CC unenforceable - set off ????
I would definitely seek a second opinion before going to court on the grounds of unenforceability unless it is absolutely 100% rock solid, which is rarely the case. People are still winning cases on these grounds, but far more are losing them.
Hence my question, is there any way you could post up the agreement with all personal details removed so you can get another opinion - if you lost the case, it could make a nice hole in the money you've successfully claimed back to date. :beagle:Comment
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Re: TSB CC unenforceable - set off ????
Thanks for your help, the hardship stuff has been very very helpful when i spoke to them today.
I'm not gonna post anything up at the moment.
As i say the hardship and financial difficulty stuff was very very helpful. So im quite hopeful if they put in writing what we verbally agreed today i will be able to post up some good news soon.....
I dont wanna say anything more at the moment due 'outsiders' looking at stuff i write in here !!!!!Comment
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