Need to remove a default

[TUTTSI]

So is it possible in your honest opinion to reclaim the capital as well as the interest charged and of course the charges. From I have been reading today it seems that all the interest can be recoverable and from what Tanz has suggested that he include the default removal within the claim.

Do you know if there is a template letter on this site to cover this.

Also, I am thinking that with most of the Banks etc, they do not seem to be able to provide under a CCA or a SAR requests the true signed copy of the CCA, so in this respect apart from charges many peeps would be able to recover from the banks all the interest paid and...........we could start a trend here!! what do you think!!
Thanks
DS

[editorholte]

To the strict letter of the consumer credit act, yes, it states that without an enforceable contract/agreement the creditor is unable to reclaim/chase 'any' monies. So for me that includes the initial principle sum.

That said, in my case with Cahoot I am only deducting interest, charges and things like that. I want a balance left over at the end so I can repay some in return for them wiping my credit file.

I'm not here to discuss morals, but at the end of the day it's a paperwork error and I know I had their money and agreed to things so by not being greedy msyelf I'm more likely to have a happier outcome if you follow.

If you just go for interest aswell there is more chance they will just wipe the debt, if you go for all monies ever paid it's possible they would get the hump and argue you into court in an effort to frighten you off (my personal opinion).

But certainly in your case, no enforceable contract/agreement no agreement to send stuff to 3rd parties + no proof they abided by regulations in relation to placing defaults in the first place so you have 2 reasons to have them removed.

Not sure on letter. In my Cahoot thread in this area, and in the CCA area I have a template letter dealing with this that might be useful for you to read. I'll link it in.

It can definitely be done on cards/loans but under a SAR for bank accounts per se I don't believe (despite my personal opinion it should) they are required to give original banking contracts. The CCA certainly doesn't apply to bank accounts, it does only apply to cards and loans sadly.

[editorholte]

http://consumercreditsupport.co.uk/s...ead.php?t=1064

Still got to update the final part of the letter, still haven't updated my figures but it should give you a good idea.

[InKogneeToh]

Hi

Attempting a claim for repayment of monies already paid under an unenforceable agreement is not recommended unless you are prepared to put in hours of research and effort. This is because an unenforceable agreement is not void - it is still a valid agreement!

The CCA is silent on this issue and therefore any claim would have to rely on other areas of law such as restitution etc. There is currently work being done on this site to explore and test possible legal arguments but the outcome is far from certain!

There have been 2 major cases in recent years (Wilson v FCT and Dimond v Lovell) which have resulted in the debtors being absolved from any obligation to pay, but in both cases, they had not paid any money to begin with! There is currently no case law or precedent that deals specifically with a situation where the debtor has already paid money under an unenforceable agreement so any prospective claimant will have to enter new and uncharted territory!

[editorholte]

Agreed, the best result so far is to deduct interest etc from outstanding balances which some have had success with, whilst others have found the debt wiped completely by the company.

But it's still one that takes arguement.

Also I should say, with Cahoot my supposed agreement lacked some prescribed terms on it which makes it wholly unenforceable (plus other issues).

[TUTTSI]

Thanks Editorholte for your help, I will have a thorough read tomorrow when I am a little more awake.

I get your drift regarding the reclaiming of the original balance, but it could be worth a frightener to them, what do you think! and give them the option to repay the Interest that they have charged + charges ( in this case it only amounts to £30) but all together with 8% interest comes to a grand.

I will also link the default removal as part of the overall package and I will post up my final draft when done.

Also, again I would re-iterate that there must be loads of peeps out there and who have not been able to obtain their documents from the CCA requests and who could be looking at recovering all their interest paid as well as charges. The credit card companies would not be expecting a barrage of further claims. I think for a £1 outlay, it has have been the best £1 ever spent if it can be turned into something more fruitfull.

Do you know of anyone who has actually taken this to task and won!

Regards
DS

[editorholte]

I think as a frightener it would get their backs up to be honest. More likely to backfire and have them as a final two fingers want to push you through court and going for the principle sum back, it would take awful behaviour on their part and a totally void from the signing agreement before a judge I think would award in the claimants favour. I certainly don't know of a claimant who has gone that route and won, others might, but I don't.

Best bet is to go for charges and interest and if you want a risk 8% or something. Offer to have them deduct it from the balance and subject to your conditions (default removal, no interest etc in future) you will agree a payment for the remainder which is effectively what I'm going for.

I think they are gearing up for a raft of CCA requests to be honest, it's the new hot topic and they are already trying to misrepresent their compliance to people to make them think it's fine so they are reasonably prepared.

It's certainly a well spent £1 though.

Again others might know of people who have gone to court over it, I don't. So I'll be looking for replies of other claimants aswell lol

[InKogneeToh]

Originally Posted by editorholte

Agreed, the best result so far is to deduct interest etc from outstanding balances which some have had success with, whilst others have found the debt wiped completely by the company.

I wasn't saying that there was any obligation to repay any outstanding balance on an unenforceable agreement.

If the agreement is found to be totally unenforceable because of lack of prescribed terms, or if it's unenforceable because the creditor cannot/does not provide a copy under s77/78 (if that cannot be rectified) then there is no legal obligation whatsoever to pay a single penny more. On this issue, the cases I have quoted above are very clear!!

[TANZARELLI]

Ink do you have a link to this case?
Wilson v FCT and Dimond v Lovell

And what was the other one?

[TUTTSI]

Just to be absolutley clear, just a recap what EH was saying, you think it is OK to try and recover all the interest they have charged on the account plus the charges + 8% interest on a daily basis. I am already dimissing the Capital eliment. But will definately include the default removal.
For clarity the account is now closed and has been for several years it was initially the default that came to hubbys attention in recent months as he was unaware that a default had been issued and a default registered against him.

I belive that if they have registered a default incorrectly as I believe they have in this case, one could also go for compensation, what do you think!!

DS