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Challenging Credit agreements

Last post Thu, Apr 11 2013, 5:34 PM by aristilus. 38 replies.
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  •  Thu, Apr 11 2013, 5:34 PM

    Re: Challenging Credit agreements

    Hi Huckster, managed to get a settlement over the phone, before it escalated,the soliciotrs said they would ask their client to accept my son-in law's proposals of payment. i think they may have been putting some 'thumb screws' on, but all's well that ends well. thanks again: :)
    • Post Points: 5
  •  Mon, Apr 08 2013, 7:19 PM

    Re: Challenging Credit agreements

    It would not be a set aside, as the CCJ has not been granted yet. It would be defending on the basis that the court claim was not following correct procedure. There was no letter before action advising that the court claim would be issued. There was not acknowledgement of the previous payment and willingness to enter into repayments.

    I am not particularly well informed about the CPR rules, so legal advice should be sought from someone who deals with court claim procedures. There are legal forums online and I think Community Legal Advice have a helpline.

    • Post Points: 20
  •  Sun, Apr 07 2013, 12:10 PM

    Re: Challenging Credit agreements

    Hi Huckster,

    Do we have grounds for a 'SET A SIDE. bearing in mind that although the solicitors have rejected our claims we never received any further communication, either by phone or mail. and he had made a payment when they did contact him of £150. he was simply waiting for 'the solicitors to get back to him so he could setup a S/O which would have been agreeable to all parties.

    He wants to settle the whole amount, does he speak to the solicitors, or to the Firm he owes the money,does he have to wait for the CCj?

    when he gets the ccj is there a part in it that offers him the opportunity to settle in full, directly to the people he owes money, or would it go to the solicitors.

    My contention is that the solicitors have escalated this in order to justify their fees???

    should we email the solicitors or just wait for the CCj

    any help please/

    • Post Points: 20
  •  Sun, Apr 07 2013, 12:09 PM

    Re: Challenging Credit agreements

    Hi Huckster,

    Do we have grounds for a 'SET A SIDE. bearing in mind that although the solicitors have rejected our claims we never received any further communication, either by phone or mail. and he had made a payment when they did contact him of £150. he was simply waiting for 'the solicitors to get back to him so he could setup a S/O which would have been agreeable to all parties.

    He wants to settle the whole amount, does he speak to the solicitors, or to the Firm he owes the money,does he have to wait for the CCj?

    when he gets the ccj is there a part in it that offers him the opportunity to settle in full, directly to the people he owes money, or would it go to the solicitors.

    My contention is that the solicitors have escalated this in order to justify their fees???

    any help please/

    • Post Points: 5
  •  Sat, Apr 06 2013, 5:23 PM

    Re: Challenging Credit agreements

    hi huckster,

    many thanks will advise him, with your suggestions.:)

    • Post Points: 5
  •  Sat, Apr 06 2013, 12:59 PM

    Re: Challenging Credit agreements

    Yes, if there is no argument about the debt, then he accepts the court claim and ask to pay a monthly amount based on what he can afford. The CCJ will be on record for the 6 years. If he wants to avoid the CCJ, he would have to do a deal with the claimant to make regular monthly payments and ask them to withdraw the claim, if he agrees to pay their costs for making the claim. They may agree to this, rather than mess around with payments under a CCJ.

    Sometimes best to avoid a CCJ, as it may affect him, when applying for credit or services or employment or renting a house etc.

    • Post Points: 50
  •  Sat, Apr 06 2013, 10:49 AM

    Re: Challenging Credit agreements

    hi Huckster, hope you can advise?

    my son in law owes a debt to a supply co' for material, which he accepts and intends to honor his commitment, but due to nearly 12 months of NO work, he ran up an account of £3000, the said Co' put it in the hands of solicitor, he had a telephone call from the solicitors and paid £150, immediately, through his bank and the solicitor said they would phone him back to arrange a payment agreement, he never got a callback, They are saying they did on a number of occasions:and they say they wrote to him. but he would have a record of 'missed calls' albeit i think it is too late now as they appear to have escaleted it to the CCj stage: as they have stated in thier response that he will recieve a CCj in the post:

    My advice too him now is when he receives the CCj

    fill in the part that he admits full amount and asks for a payment structure based upon his income and expenditure, ( he is now in full time employment and has records of his earnings/expenditure.

    once the CCj has been 'satisfied in full is there anyway he can have it 'removed off his credit file, or will it just show up as being 'settled in full'? for 6 years?

    as always any advise is greatly appreciated:


    • Post Points: 20
  •  Sat, Apr 06 2013, 9:52 AM

    Re: Challenging Credit agreements

    hi Huckster, hope you can advise?

    my son in law owes a debt to a supply co' for material, which he accepts and intends to honor his commitment, but due to nearly 12 months of NO work, he ran up an account of £3000, the said Co' put it in the hands of solicitor, he had a telephone call from the solicitors and paid £150, immediately, through his bank and the solicitor said they would phone him back to arrange a payment agreement, he never got a callback, and never received any further communication until a threatening letter of court action if the balance wasn't paid within seven days, he wrote back (registered letter) to confirm they received in his response.... he stated, that they were to call him back to arrange payment, and also mentioned that they would have a telephone transcript of the conversation, he re-iterated his positive intentions to discharge the debt through an agreed payment structure mutually acceptable to both parties.but they have seen fit to ignore his offer and has sought immediate and full payment, as they say they had sent 2 previous letters, (copies of which they had enclosed) which he never received:...as he acted immediately upon the letter he DID receive.

    My response to try and help him, was to suggest the following:

    1) phone them on Monday and confirm his offer of mutually acceptable payment plan through the solicitors

    2) confirm that due to them not registering the post they say they sent, he never received them, and that he responsibly acted immediately upon the telephone call that he had, with a payment of £150.which demonstrated to them his positive intentions of paying the debt.

    3) repeat his offer of proposed settlement on the phone and through a letter to discharge the debt together with any solicitors cost.

    I think this is all he can do?

    Am i wrong.

    My gut feeling is that they are trying 'Big Bullying Tactics' to try and get him to pay the full amount,my understanding is that IF they did escalate it to the CCj then the judge would say "why has this been brought here" as the respondent has agreed to pay off the debt" am i wrong.?

    The last thing he wants is a CCj as he's only in his early 20's and doesn't want to blot his credit history.

    as Always your help and advice is greatly valued:)

    • Post Points: 5
  •  Sat, Mar 02 2013, 8:44 PM

    Wink [;)] Re: Challenging Credit agreements

    huckster:

    Yes the normal rules continue to apply re CCA request. They have 12+2 working days to comply with the request,

    many thanks huckster

    • Post Points: 5
  •  Sat, Mar 02 2013, 8:37 PM

    Re: Challenging Credit agreements

    hi maxstream,

    thanks for reply, i missed the point i was trying to ask about, it should have ended with,
    as the terms where apparently sent under separate postings, wouldn't this render the application unenforceable,
    as i wouldn't have had privvy to seeing or accepting the terms at the point of signing the agreement? i know it's getting tougher,
    this agreement is pre 2004. I'm not bothered about the £1 per month, but always weary that they may try getting the lot,
    as i am paying £1 per month now,this would appear that i have accepted liability of the loan, couldn't they just stop
    accepting the £1 p.month and demand the balance in full? i refer to :



    1. A declaration that the document you are signing is a Credit Agreement regulated by the Consumer Credit Act 1974
    and that you agree to be bound by its terms and conditions.

    2. The amount of credit (for loans), or the credit limit (or how the credit limit may be determined) for a credit card.

    3. The interest rate for the credit provided.

    4. How the debtor is to discharge his obligations to make repayments.

    if section 1: is missing doesn't this make the agreement unenforceable? or should i just use this as part of my
    defence should they try for the full amount?

    thanks in advance for your help.
    • Post Points: 5
  •  Sat, Mar 02 2013, 9:29 AM

    Re: Challenging Credit agreements

    Yes the normal rules continue to apply re CCA request. They have 12+2 working days to comply with the request, after which if they have not complied, then you can send them a letter registering a dispute. The dispute is then resolved, if they send you a copy of the CCA or a version of the CCA that would have applied at the time.

    Remember to review your credit record on a regular basis (say at least each quarter). Noodle credit check is free but not always up to date.

    • Post Points: 20
  •  Fri, Mar 01 2013, 10:03 PM

    Re: Challenging Credit agreements

    aristilus:

    I never received any details,, where do i stand....????

    I suppose that you could ask to cancel now but, if you cancel, you would need to repay the debt. If the money had just been paid into your account, this wouldn't be a problem (you would just return the money plus, perhaps, a few pence interest) but if you are at the stage of paying £1 per month, I can't see that cancelling is a realistic option.

    • Post Points: 20
  •  Fri, Mar 01 2013, 5:07 PM

    Re: Challenging Credit agreements

    Hi basa48,

    i've got an old Bank one agreement, which was subsequently sold to Halifax, who went on to assign it to Cabot, during the 'Halifax reign' i agreed £1 per monthly payments and was accepted, these terms have just passed onto Cabot, which i am still paying.

    but on closer inspection to the signed application form it clearly states that the ' Once you have signed this agreement you have a short time to cancel it, details will be sent to you form Bank one.....I never received any details,, where do i stand....????

    • Post Points: 20
  •  Fri, Mar 01 2013, 4:28 PM

    Re: Challenging Credit agreements

    Hi Basa48,

    Got a Letter from Marlin Capitol, together with a 'so called letter of assignment' dubious in it's legality, saying the debt, blah blah had been transferred to them, blah blah,.. and we want the money, sent them a letter to prove there ever was an account with this number....and further proof of a true copy an agreement and all transactions relating to this account:

    got a standard letter back saying they don't hold any such documents and will have to get back to the original creditor.

    Do i still have the 12 days of compliance rule here, or has it been extended somewhere? and if they don't comply should i write something back to them??

    once again many thanks in advance:

    • Post Points: 20
  •  Thu, Dec 13 2012, 9:23 AM

    Re: Challenging Credit agreements

    hi huckster,

    many thanks for speedy reply , will do exactly what you say: have a good xmas, all the best for the new year :) :)

    • Post Points: 5
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