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I sent my CCA request to RBS in relation to a Mint card taken out in 05 but am unsure if it is enforceable. Can someone explain what theprescribed terms are? Also there is no credit limit (says they will give you notice of your credit limit etc...)ot terms and conditions with the contract, the T&C's were apparantly posted seprtately. PLus there are no details about how to cancel just that again, they will send out exact details.
Would the fact that these are missing make it unenforceable?
Thanks in advane, have Moorcroft chasing me adn threatening court action!
Until you get it posted on here, you can study the prescribed terms.
The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--
1. Number of repayments;
2. Amount of repayments;
3. Frequency and timing of repayments;
4. Dates of repayments;
5. The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable
14. The prescribed terms must be within the agreement for it to be compliant with section 60(1) Consumer Credit Act 1974. In addition there is case law from the Court of Appeal which confirms the Prescribed terms must be contained within the body of the agreement and not in a separate document
Where the definition of credit is described - 'a manner to be determined '
do you think that the company stating tha they will inform us of the limit at a later date would make the agreement binding? Or is this too flimsy an argument.
I will check that out but i think if they state credit limit to be determined, would mean the same as we will set the credit limit so it is probably ok.
RBS?mint cca enforceable? Help!!!
in relation to a Mint card taken out in 05 but am unsure if it is enforceable. Can someone explain what theprescribed terms are? Also there is no credit limit (says they will give you notice of your credit limit etc...)ot terms and conditions
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