Abbey Credit Card Agreement

Jamer8 · 23rd June 2009, 13:58

Hello
Can anyone help to make asure I am going in the right direction please?
I have been writing to a credit card company for over one year now due to a change in my circumstances. I have asked them to freeze the interest (as suggested by the NDL) and offered to make small payments in order to clear my balance but i have had no written reply from this company, only continual letters chasing payment and increase interest charges (now 34.9%). I found some information on this site and wrote to them asking for a copy of my original CCA. After three months they sent me a signed copy of the front page of that agreement. Just before the copy arrived I sent a letter telling them of their default and that I would no longer be making payments whilst the agreement was in dispute. The copy of the CCA has not got all of the information on it and therefore I am assuming it is still unenforceable. The credit card company have continued to add interest to my account and have now sent me a letter stating at the top "Potential Commencement of Legal Proceedings". They have asked me to call them and told the my calls will be recorded. Am I still okay to explain that this agreement is still in dispute and does the law really proctect me from their threatening actions?

dx100uk · 23rd June 2009, 15:14

simple ans is to ignore them now.
p'haps send the 'account in dispute letter'
but they can do nothing but send threat-o-grams now and they know it.

until a valid cca appears the debt is unenforceable.

now, how about reclaiming all those charges you must have been levied & also the associated interest!
and have you looked to see if you have PPI being charged< i bet all of those will return a pretty penny and might even clear the debt?

dx

Jamer8 · 24th June 2009, 06:37

Thankyou for your quick reply. These people have been bullying and unhelpful for quite a while now and I am finding it difficult to come to a resolution. I've tried reasoning but they just want their money now and will not negotitate or settle for anything else.
I have attached a copy of the scanned application form they have sent to me when I requested my CCA. I have removed all of the detail I put in about myself but it was signed. Can you or someone tell me if this is enforceable or not. I think I've downloaded them correctly but let me know if you cannot read them.
Thnaks again!
Info 1.jpg

Info 2.jpg

dx100uk · 24th June 2009, 09:58

na sorry
cant read postage stamps
use photobucket or something

dx

Jamer8 · 24th June 2009, 15:35

Thanks again
Sorry, I don't know how to use photobucket. These people are ringing me tomorrow so they can decide how much I can afford to pay to them (so they say). Is it best that I type in the details from the application form or is there a better way? Is a signed application from a CCA?

Jamer8 · 24th June 2009, 16:03

Does this work?

dx100uk · 24th June 2009, 16:53

yep thats great
now what abouthe other pages and the terms & conditions for that time.

dx

Jamer8 · 24th June 2009, 17:06

This is the infomation that was on the back of the page above. They have sent no other inforamtion

dx100uk · 24th June 2009, 21:46

not an expert, but to me this does not look to contain the requirements.

stay off that phone!!
do everything in writing.

now, are they charging you the PPC, look on your statements.

as this is so old i bet you have a heap of charges etc you could reclaim and clear the debt?

we need to get someone onboard to check that cca.

dx

Jamer8 · 24th June 2009, 22:22

Thanks for the reply. How do I get someone on board to check the CCA?
Also, what is PPC?

dx100uk · 25th June 2009, 00:04

ppc it says it on the paperwork page two
payment protection cover.
are you paying it/
if so get it back!
there dont seem to be the usual crowd around this week.

i'll see if i can get this thread moved to the abbey forum
or something to help
dx

MARTIN3030 · 25th June 2009, 06:22

Moved here.

Jamer8 · 25th June 2009, 15:00

Hi
Has anypne had time to view my agreement?
Best Regards

smugorwhat · 11th July 2009, 11:47

I'm pretty new to all this, but learning fast. What you have is an application form not a bona fide CCA. As they have let you miss payments for some time without setting a DCA onto you, my guess is that they know that they can't enforce the debt. Just tell them the account is in dispute until they produce a proper CCA signed by both parties.

jdes26 · 7th October 2009, 23:11

i have the same agreemant as you and its not enforceable
current claim to abbey £1074 ppi
£976 charges waiting reply

Jamer8 · 9th October 2009, 14:19

Thanks for your reply. Do you know which part of the agreement makes it unenforceable?

jdes26 · 9th October 2009, 17:25

if its the same as mine urs wont have the full list of t and c's but it will come down to the court to say tes or no if it gets that far

Jamer8 · 10th October 2009, 07:04

Thanks again - has yours got that far or are you waiting for them to reply?

jdes26 · 10th October 2009, 18:48

made Subject Access Request request and have 900 charges 1075 ppi charges going for claim first
but yep if no joy i will be going to court to

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