Volvo v Bryan Carter/(Fredrickson/Co-op Visa)

[volvo]

Hi

I had a Co-op Visa card going back to 1999 when i defaulted on it.
Eventually despite me making regular reduced payments this was passed to Fredrickson and then to Bryan Carter & Co. for collection. I have always maintained these reduced repayments on an increasing basis since then and decided to send Bryan Carter the CCA template request by Recorded Delivery on Sat 19/5/07. No proof of receipt on the Royal Mail website but the cheque for £1.00 fee has cleared my bank account.

Today, i received a letter from BC acknowledging my letter and advising that they have referred the matter to their client and will respond when they have received further instructions and that they confirm the account has been placed on hold. They also confirm the balance which agrees with my record except they state it as £1.00 less so i expect they have lodged the CCA fee in reduction of the debt

BC are the only people i pay by Direct Debit (the 11 others are paid by Standing Order) with the next payment would be requested for the 1st June 2007.

Would i be in order to cancel this D/D as they have confirmed the account is on hold despite the cca limit not up till 7th June i think.

Any advice welcomed.

[volvo]

What do i need to write to BC with them having applied the CCa £1.00
fee against the outstanding debt balance?

[diskmandave]

If it was me I wouldn't cancel anything yet as you've been making payments regularly anyway, wait and see what they come with in the timescale. If it's been a few days call the 0845 number on the rec/del receipt and ask why it's not available on the website.

As for the £1 fee, it's up to them what they do with it, they've basically given it you back. You don't need to do anything about it.

Regards, Dave.

[volvo]

Ok thanks Diskman

I'll sit tight and wait, seems good advice. will ring Royal Mail tommorow
regarding no proof on website.

I was just worried it would acknowledge the debt if the £1.00 CCa fee
was applied to the reduction of the debt.

[diskmandave]

It's not important because you've been making reduced payments regularly since 1999 which in its self is acknowledgement of the debt.

Hope that clarifies?

[volvo]

hi

Received copy of application/combined agreement from bryan carter today.

not sure if this meets the requirements for a valid cca request.

Can anyone look at my attached scan and advise please

volvooo - Photobucket - Video and Image Hosting

[volvo]

Bump

[volvo]

Is anyone able to look and tell me if the agreement bryan carter sent me in response to my CCA request meets the requirements for terms info etc

The photobucket link to the scan is in my post of yesterday above.

Thanks

[volvo]

can anyone advise please?

[dpick]

Originally Posted by volvo

can anyone advise please?

Hi I cannot read it well but does it contain APR, payment terms or credit limit all of these were missing on my cc agreement.

As far as I know if one of these terms is missing unenforcable but see if anyone with more knowledge can look for you

dpick

[volvo]

It appears to be my signed application form but does state the card number and credit limit they allocated after i sent the application to
them.

Cannot see APR or terms and conditions.

[dpick]

Originally Posted by volvo

It appears to be my signed application form but does state the card number and credit limit they allocated after i sent the application to
them.

Cannot see APR or terms and conditions.

Hi again as I said my card missing credit limit, the rate of interest, details of any power to vary the agreement or debtors repayment obligations

I was advised this is an improperly executed agreement and as such is irredeemably unenforceable see (s127 CCA 1974) or See Wilson v First County Trust CA

Wilson is a biggie it went all the way to house of lords.

I have stopped paying MBNA on that card had a letter and 2 calls advised MBNA that I was recording all calls and again advised them re agreement, have not had any contact since but only 10 days.

dpick

[Brassed off]

Hi Volvo

Had major problems with scanning, but after advice, found photobucket and I think you'll find if you take a copy of your paperwork and then blank out personal info and then scan to jpeg all you have to do is upload it to photobucket and right click on the IMG code and paste.

Worked for me after much help and it should come out fairly clear. Hope this helps

[volvo]

Hi Sparkiel

this is what bryan carter sent me and also their letter head.
there are no terms and conditions on it.

[volvo]

Originally Posted by dpick

Hi again as I said my card missing credit limit, the rate of interest, details of any power to vary the agreement or debtors repayment obligations

I was advised this is an improperly executed agreement and as such is irredeemably unenforceable see (s127 CCA 1974) or See Wilson v First County Trust CA

Wilson is a biggie it went all the way to house of lords.

I have stopped paying MBNA on that card had a letter and 2 calls advised MBNA that I was recording all calls and again advised them re agreement, have not had any contact since but only 10 days.

dpick

thanks

i think (hope) i have cracked it now as i really need to respond to Bryan Carter & Co

[rory32]

Volvo it's an application for credit, not a credit agreement.