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I recent requested a CCA from Monument. They have sent me what looks like an application form and an attached terms of agreement and said that it is ENFORCABLE.
They sent me a letter stating it is according to section 78 of the Comsumer Cretit Act 1974. They said that they sent me a copy of a reply card, which I completed on applying for the card and an up to date Term and Conditioions document submitted that they say relect the agreement but which has been amended. They also said a copy of Credit Agreements was given to me at the time of marketing solicitation and at the time the credit card was issued. They did not enclose that agreement they claim I recieved at marketing solicitation. They also said in the final paragraph that the agreement is enforceable and there can be no dispute. See letter below
I recent requested a CCA from Monument. They have sent me what looks like an application form and an attached terms of agreement and said that it is ENFORCABLE.
Please give me some advice so I can respond to Monument.
Cheers
You could possibly send a letter something like this:
Dear xxxxxx
Thank you for your letter dated 12 August 2009.
I note that, although I did not request it, you have kindly provided me with a copy of my application (in the form of an unexecuted agreement) for a credit card, for which I thank you. I would be grateful if, in addition to the copy of the application in the form of an unexecuted agreement you have provided to me, you would also give me a copy of the executed agreement relating to this account and of any other document referred to in it, as provided for by Section 78 of the Consumer Credit Act 1974.
I also note that you have kindly provided me with a copy of a modifying agreement incorporating my Credit Card Terms & Conditions as varied by Monument under S82 of the Consumer Credit Act 1974.
I am pleased to note your confirmation that a copy of the original Credit Card terms & Conditions were provided to me at the same time that my credit card was issued, therefore I would be grateful if Monument would provide me with a copy of that document, to which the modifying agreement you have sent to me relates, as provided for by S78 of the Act, and as also provided for by S7 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.
I recent requested a CCA from Monument. They have sent me what looks like an application form and an attached terms of agreement and said that it is ENFORCABLE.
Any advice & opinions given by supasnooper 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.
Can a Credit Card Application containing Key Financial Information (interest rates etc, loss and theft of card and genral information about missing payments and default charges be said to be an Consumer Credit Agreement. It also says 'once you have signed this agreement, you will have a short time to cancel it. We will send you the exact details of how and when you can do this.'
There is no credit amount or credit limit. At the end it below my signature it says By signing this you authorise us when considering YOUR APPLICATION to gain additional relevant information, credit references, electoral role etc
My signature is on the application form, and a section where they initial they recieved my proof of ID, not actually signing the agreement.
It also has - we will tell you your credit limit when you first revieve your card.
My question is can an application for a credit card, be used as a enforcable CCA??
Re: is this lloyds tsb credit card cca enforcable?
Originally Posted by 1273
Can a Credit Card Application containing Key Financial Information (interest rates etc, loss and theft of card and genral information about missing payments and default charges be said to be an Consumer Credit Agreement. It also says 'once you have signed this agreement, you will have a short time to cancel it. We will send you the exact details of how and when you can do this.'
There is no credit amount or credit limit. At the end it below my signature it says By signing this you authorise us when considering YOUR APPLICATION to gain additional relevant information, credit references, electoral role etc
My signature is on the application form, and a section where they initial they recieved my proof of ID, not actually signing the agreement.
It also has - we will tell you your credit limit when you first revieve your card.
My question is can an application for a credit card, be used as a enforcable CCA??
sorry to be rude but would you be so kind as to start your own thread regarding your issues as my thread is already complicated enough without other peoples issues being added. it would probably pay you to post a scan of the cca ( on your own thread of course ).
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
I've merged 3 threads so your case is now in the Barclaycard forum as BC run Monument a/c's now. Please only use one thread per topic so your questions and replies stay in the one place.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Monument CCA. Is this Correct?????
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Originally Posted by 1273
