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Asda CCard/ GE Money - Need Clarification if this CCA Is Enforceable please x
Hi
I ve posted this originally in a different forum but have had two different opinions as to whether whats been supplied is enforceable. The details are below, I would appreciate some others opinions please as I need to get some form of letter back to them asap - Thanks x
Original Post
Hi
Can someone please have a look at the CCA my uncle has been sent from Asda & tell me if they think its enforceable. Apologies for the size of the print this is the largest I can get it, also the document states to refer to condition xyz in various places yet those conditions havent been supplied with the CCA {not sure if they have to}
Re: Asda CCard/ GE Money - Need Clarification if this CCA Is Enforceable please x
The agreement is not all that easy to read but it looks like the proscribed terms (credit limit, APR, repayment terms) are in the left column under Key financial information. As it also has your signature, it is not unenforceable under s127(3).
Cancellation rights seem to be in the middle column so it is not unenforceable under s127(4).
Therefore it is enforceable AFAICS
Steven
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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.
Re: Asda CCard/ GE Money - Need Clarification if this CCA Is Enforceable please x
Thank you Steven for looking at it, i think the uncertainty was down to the fact that the document refers you various conditions for more info in certain sections on the form yet those particular conditions - are not detailed, hence someone then questioning if the above was enforceable without the T&Cs being supplied .........hope makes sense lol x
Heres an extract OTHER FINANCIAL INFORMATION We will charge you an introductary rate of 0% per annum for 9 months on any balance transfers made in the first 6 weeks after you activate your card. Apart from this introductary offer, the following rates will apply
255.55 %pa for cash transactions156.31 % pa for retail purchases. til cash transactions and all other amounts charged to your account except special transactions made after this agreement is entered into These will be at a rate we tell you before you make the transaction. The relevant standard rate will apply to all special transactions after the end of the promotional period or if you break from this agreement {see condition 6.3}NO CONDITION 6 SHOWING ON THE DOC If you use your card then a retail purchase of £ and then repay in 12 equal monthly installments the total charge for credit would be interest of £ 238.35 *7*.31 - ------------------------------------------------------
Re: Asda CCard/ GE Money - Need Clarification if this CCA Is Enforceable please x
The way these companies handle the prescribed terms is very cavalier - but they seem to be alloed to get away with it. For example, to comply with the requirement to give your cedit limit, they often put "We will notify you of your credit limit" and that seems to be OK. So, if they put, "Your credit limit wil be one of the ones listed in section 2.1", 2.1 being a section in another cocuemnt, that might well be OK as well - depends on the exact wording, I guess.
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.
Re: Asda CCard/ GE Money - Need Clarification if this CCA Is Enforceable please x
Wow you replied quickly lol x.
I thought initially it seemed enforceable as like you said the presribed terms etc were there but just wasnt sure on whether the T&Cs should have been included as well if they are referred to on the document
Asda CCard/ GE Money - Need Clarification if this CCA Is Enforceable please x
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