Keekeedee v BCard 'MasterCard

**keekeedee** · 26th January 2010 20:10

In reference to my other thread, here's the "agreement" for my Mastercard. Comments on whether it's enforceable please.

http://i106.photobucket.com/albums/m...us/MSagree.jpg

Thanks in advance

**slick132** · 27th January 2010 02:34

Hi KKD and thanks for starting this thread for your BCMC a/c.

I can't read section 11 to see if it contains info re APR, Credit Limit, Repayments, etc. If these are not there, or the section is illegible, the document may be regarded as unenforceable.

Can you read the copy you have. If so, can you repost it so it is clearer.

If it's illegible, it fails to fulfil the requirements of the CCA1974.

Are there penalty charges or mis-sold PPI icon

on this a/c.

**keekeedee** · 1st February 2010 12:26

Hi slick,
Sorry for delay in reply. Some of the info is legible, some isn't it's a photocopy so hard to see. From what I can make out there are no references to APR, Credit Limit, Repayments, etc. There is a line saying y'you agree to T&C's of the Morgan Stanley card'. I have not been sent these.

So if it is unenforceable, what is my next step, so I threaten with court to or offer percentage final settlement?

Please help. Thanks

**slick132** · 1st February 2010 14:46

Hi KKD,

Your next step depends on what you want to achieve here.

Do you want to pay this off at a rate you can afford but without them adding further interest icon

.

Or do you want to try for a F&F settlement. You may be premature in trying to get this, but with BC you never can tell.

**keekeedee** · 2nd February 2010 15:02

OK Slick thanks,

I am sick and tired of BC with the interest icon

charged etc, payments are hard, so as little as possible if I'm honest!

should i get back in touch with fos icon

stating this isn't CCA and see what other help they give?

**slick132** · 3rd February 2010 00:40

Was the fos icon

involved in getting this copy of the agreement for you. If so, they won't assist you any further. They'll say they cannot comment on issues of enforceability. Nor will they try to get any further document from BC.

Or were you in touch with them for any other reason.

**keekeedee** · 3rd February 2010 08:30

Yes they got the copy for me. I'd been reading another post, where someone had received an illegible copy through fos icon

so got back onto them and BC admitted they did not have an original copy. Thought if they could happen would help me?

**slick132** · 3rd February 2010 14:02

Hi KKD,

I doubt you'll get any further assistance from the fos icon

. Even if they re-contact BC, the answer will come back that this is all that's held.

I think you have enough to work with as regards the agreement not being enforceable.

You didn't tell us whether there are any penalty charges or mis-sold PPI icon

on the account which you can reclaim.

**keekeedee** · 3rd February 2010 16:29

Ok Slick, Thanks. I never took out PPI icon

's and I have sorted any charges out. All I am looking at now is challenging the enforceability and ending relationships with BC, the intrest they charged is extortionate and to say the least they p1&& me off!

What is the next step I take ie contacting BC to say it's not enforceable etc.

Thanks

**bradfordlad** · 3rd February 2010 21:29

subbing

**slick132** · 3rd February 2010 23:15

Hi KKD,

I think you could adapt the attached ltr and send it to BC.

**keekeedee** · 4th February 2010 09:10

Thanks Slick I will.

Bradfordlad - what does 'subbing icon

' mean?

**slick132** · 4th February 2010 22:14

Hi KKD,

It's short for Subscribing (to your thread), so you get an email when the thread is added to.

You automatically subscribe to a thread when you post on it.

Or if you want to follow a thread without posting on it, click the THREAD TOOLS button above the first post on any page.

Cick on SUBSCRIBE TO THIS THREAD, then on the page that comes up, click on ADD SUBSCRIPTION.

There's a useful guide here too - http://www.consumeractiongroup.co.uk...i-dummies.html

**keekeedee** · 5th February 2010 08:53

Thanks for all the help I will get the letters sent off. Should I send copies to Mercers too to shut them up?

**slick132** · 5th February 2010 13:43

Send Mercers a copy but DON'T expect it to shut them up !!

They may back off briefly, at best.

**keekeedee** · 7th February 2010 17:01

Letters sent to BC and copies to Mercers along with letter telling them they can't call me, I'll see what BC say.

**keekeedee** · 9th February 2010 12:59

Hi have received a letter from BC this morning stating that if I pay off 75% of the total balance they will consider my account settled in full and closed!! Some small success so far.

I only sent them a letter on Friday, is this a coincidence or have they acted fast?

Do I stand my ground and look for a better offer?

I sent both this account and my Visa account in one envelope, I have had no response to the Visa as of yet.

**slick132** · 9th February 2010 13:25

Hi KKD,

The letter just received is not a response to the letter I linked in post #11 as it's too early.

I think this is their reaction to your CCA request because they know the agreement is NOT enforceable.

Their offer to settle is unusual as they are normally content to let Mercers and Calders hound the hell out of you for months and years.

I don't know if they will be amenable to negotiating - personally, I doubt they will. However, there's no harm in going back to them and saying:-

" Dear sir or madam,

I refer to my letter of xxdate (the one you said you'd send on 5th feb) and to your letter of xxdate (the latest one just rec'd from them).

It is clear that the credit agreement you hold is unenforceable. I cannot afford to pay of 75% of the account balance.

However, I am willing to offer 50% which is £xxx on the basis that you:-

1. Accept this in Full and final icon

settlement of all monies owed on this account.

2. Remove any adverse data about this account from credit reference agencies so the account shows as settled in full.

If you are unable to accept these terms, please instruct your solicitors to start court proceedings so the matter can be settled in court.

Yours faithfully, "

Adjust as you wish, to offer more or less. Or you don't HAVE to repond at all - you can await their next move.

**keekeedee** · 9th February 2010 20:38

I'm tempted to wait and see if they respond within the 21 days I set them in my letter sent on Friday?

If they are realising that it's not enforceable, maybe I am beginning to have a strong hold?

Opinions would be appreciated.

**slick132** · 9th February 2010 20:56

Hmmm,

Don't hold your breath !! BC are not reknowned for replying to letters.

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