Declaration of unenforceability

[lapislazuli]

Hello all. This is my first post.

I would like to apply to court for the above in respect of a credit card where the agreement has not been supplied despite a request under the CCA 1974 provision.

I have no idea where to start, appropriate application to make, counter arguments they may use or even the procedure as I am completely new to this.

Can anyone point me in the right direction please? Any information however seemingly basic will be appreciated.

Thank you.

[Paule]

Re: Declaration of unenforceability

Can you give us some background Please

Is a company chasing you for a debt?

If you can give us as much background as you can then we can advise you of what position you are in.

[lapislazuli]

Declaration of unenforcability

Sorry I might have posted this in the wrong place earlier.

Hello all. This is my first post.

I would like to apply to court for the above in respect of a credit card where the agreement has not been supplied despite a request under the CCA 1974 provision.

I have no idea where to start, appropriate application to make, counter arguments they may use or even the procedure as I am completely new to this.

Can anyone point me in the right direction please? Any information however seemingly basic will be appreciated.

Thank you.

[lapislazuli]

Re: Declaration of unenforceability

Company has sent a credit agreement in response to my request. It lacks some prescribed terms (sorry not at home so unsure which ones) and I have been threatened with court action/bankruptcy. I can not afford to be declared bankrupt due to employment. The creditor will not leave us alone and it is causing a lot of grief between myself and partner.

I would like to be proactive and get rid of their threats and agro.

The agreement is about 8 years old and is a credit card.

[jax007]

Re: Declaration of unenforcability

How long ago did you apply for the CCA lapis?

I certainly would not advocate going to court for this!

Curlyben is LB's CCA expert and I am sure he will give you an opinion.

If the CC company has not responded it's a bit of a waiting game really.

jax

[Paule]

Re: Declaration of unenforceability

I have merged the 2 threads into one, makes it easier for everyone to follow and help

PKea

[jax007]

Re: Declaration of unenforceability

Hi lapis I have posted on your other thread regarding the same problem - hopefully we can get them merged. However your other post suggests you have not had a response and this one says you do but there are prescribed terms missing.

Best thing would be for you to scan and upload the CCA here so that you can get an opinion - hopefully from Curlyben the CCA Master!! Make sure you block out any personal info though.

jax
------------------------------- merged -------------------------------
Oh well done Pkea - I was hoping someone would!

[natweststaffmember]

Re: Declaration of unenforceability

THis is an on/off topic post. Has anyone been to court and gained a declaration of this nature before or has the financial institution simply written if off on the basis that it would succeed in court?