Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
As some of you know I am helping my Mum in Law deal with her creditors.
Can you have a look at this agreement for me to see if I can give her some ammunition in dealing with them.
The first page is from one of those tear off application books they have in stores-the perforation marks are visible, but not on the accompanying t&cs.
Does this make it unenforceable under the four corners rule?
These two arrived in response to CCA request including some t&cs effective from 26th Jul 07.
I would be very grateful for any help on this. She has many cards and I am relatively new to all this stuff and it is quite bewildering.
What sort of account is this? Is it a current account, overdraft, loan?
If it is a credit card or loan it is not enforceable as it doesn't have the prescibed terms for either AFAICT
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
She gets two different statements a month-one says chargecard and one says personal reserve, l have had nothing back for the chargecard as yet, in fact now l have just looked l only asked for the personal reserve on the cca request. l don't understand how this M&S thing works.
Charge cards are not credit cards and are not covered by the CCA 1974. THe personal reserve may well be a savings account, again not covered by teh CCA1974. You ned to fond out. What about looking on M&S website?
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Charge cards are not credit cards and are not covered by the CCA 1974. THe personal reserve may well be a savings account, again not covered by teh CCA1974. You ned to fond out. What about looking on M&S website?
Steven
a personal reserve account is/was definetly a credit facility.
you have a credit limit and a cheque book which you can use to pay into your bank account. I think you could also just ring up and have money transferred into your bank account.
I dont remember how I got one though but I think I was after a loan from them and ended up with one of these. mine was closed a couple of years ago.
M&S also offer a Personal Reserve account. You are eligible for this account whether you hold a M&S account card or not. This account is a standard £3000 and is there for you to use whenever you want so you can spend £3000 all at once or £500 a month for 6 months or just use £1000 of it if you so wish. You are given a "cheque book" with which you write cheques to yourself to get the cash. Again the APR is low, you receive monthly statements and this is a unique to M&S service.
However, this product has now been withdrawn. It seems to operate like an overdraft facility and therefore is prbably covered by the OFT determination that means that it si not subject to part V of the CCA 1974.
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
I have a Personal Reserve account and they have sent me a default notice issued under section 87 (1) of the CCA 1974. (only giving me 13 days to rectify by the way.) I sent them a CCA request back in November, they have cashed the cheque but never sent anything. It didn't occur to me that it would not be an agreement subject to CCA. I sent an SAR a month ago - nothing in response to that either. Any suggestions as to my next move?
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
M&SMoneyVSlollipops MuminLaw
Reply With Quote
Originally Posted by steven4064
