I'd recommend as already advised to approach the PPI refund before starting on the CCA track, as it is already likely that they will use any refund against any debt that you have. It is probably in the credit agreement to allow them to do this.

Good luck, and fingers crossed they don't pay off some of the debt (they should provide you with a refund of the capital and any interest).

Sparky.

Now that I am not certain of, you would need to ask the FOS... if the PPI claim was to end up in front of them.?

If the alleged loan is not in arrears, I can see no reason why they would be able to do anything other than to refund your PPI directly to you...or give you the choice.

One last question regarding the PPI - would they reimburse me or just recalculate the debt?

I could really do with the reimbursement

I love your style, cold and ruthless

Thanks so much for your help, I'll let you know how I get on.

(you'll probably be answering my other post sometime soon as well)

I would advise following the PPI refund route firstly it's more straight forward, otherwise it may prejudice the CCA process, it's not really desirable to entwine the two matters in one event. Get your PPI resolved firstly if necessary involving the FOS after Eight weeks if still unresolved with Unwelcome.......then send the CCA request afterwards. !

Meanwhile make payments as if nothing is wrong (I know it sticks in the throat), but once you have the PPI sorted and refunded, then hit them with the CCA request whilst they are still reeling from the after-affects of your hopefully previous PPI success.

It's then preferable to first establish if the agreement is enforceable or not before ceasing to make any payments, as you would be in default with arrears... if they did actually manage to produce a legally valid agreement.

Right it is becoming clearer to me now.

Would I still word the letter in the same way saying that I don't acknowledge any debt with the company even though I am making regular repayments?

Would I be able to deal with this at the same time as the PPI issue or would I be better wait to pursue the PPI?

Firstly you need to go through the motions to request a copy of the original valid executed CCA (you can expect to be fobbed off), the Green loan copies are not adequate for this reason. the original has to carry certain prescribed terms in order to be considered legally valid....

However, the creditor not being able to produce any such alleged agreement, questionable or not is the best result.....as this means the creditor is unable to seek further legal enforcement through the courts.

Hi Conmankiller

Thanks for your help so far.

I do have my green customer copies of the agreement and I am making my monthly repayments so would that letter still be relevant to my situation?

Do you know what conditions deem a loan agreement unenforceable?

For the other portion of your query and to check whether or not a valid executed consumer credit agreement exists or not, send a copy of the below letter by recorded delivery enclosing a £1 postal order as the statutory fee, they have 12 working and 2 postage days to produce.

.............................................. .........................................

Your name address & date.

Dear Sir / Madam,

Re:− Your Account ref no.

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is an offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by (enter date) , I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

You are aware that this request must be complied with within the next 12 days allowing a further 2 days for postage, I therefore look forward to your response within the next 14 days.


Yours faithfully (Print name)

Don't use private companies who will often complicate matters, or who will charge for what is quite a simple process.

Place the words, "mis sold ppi" into Google. This will result in a plethora of other sites that inform you how to do this the easy way for yourself, with information on what constitutes a mis sold policy and the grounds on which to challenge the way it was sold.

Basically you initially need to write to the creditor by recorded delivery stating the reason(s) why you consider the PPI was mis sold, requesting the return of your premiums and any added interest. If you cannot resolve this matter within Eight weeks, you are then entitled to ask the FOS below, to look into your complaint and overturn the creditors decision, should the FOS decide to the contrary in your favour.

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

Hi

Please accept my apologies in advance if this has been discussed before but I need some advice firstly on the matters below.

I took out a loan with Welcome Finance in 2005 and then increased it in 2006. On both occasions the same Salesman advised that because of my credit history I would probably only get the loan approved if I took out PPI, of course being desperate for the money and not understanding fully what it actually was I agreed – I am now hoping I can claim this back having been mis-sold the PPI.

I also think that the loan may not be enforceable because my copy of the original agreement is not signed on behalf of the company and I would like to pursue that avenue as well.

I can’t believe how much I have repaid so far and still have almost the same debt to repay as I borrowed on the second occasion plus interest.

My dilemmas:

• if my loan is unenforceable at what point would I make the my claim for reimbursement for the PPI I have already paid
• what makes a loan agreement unenforceable
• should I consider going to a company that could pursue this on my behalf and what would the cost

Thanks for any help you can give me on this