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.
Made a CCA request under section (77-79) a month ago using the template, got a letter today
Sorry for the delay.........
Your request for documents contains some misconception about your entitlement to information in a specified format, so that there is no misunderstanding here we will set the record straight on the format of the information we are obliged to provide you.
Your written request for information made under s78(1) of CCA no it was under 77-79 must be accompained by a fee of £1. I sent this to you but you decided to not to acknowledge We are obliged to provide you with a 'true' copy of the credit agreement. In terms of CCA copy document regulations the true copy requirements can be satisfied by providing a copy agreement at the date the card agreement was made and providing that plus a copy of the current terms of the card agreement. We are not insisting on the payment of £1 and enclosed the s78(1) information.
With regard to your request of 'statement of account' I never mentioned this in my letter I have enclosed the most recent statement for the above account.
Ok what I got is
Copy of my last months statement
a generic piece of paper with my name address account number and credit limit and half way down a title 'CCA regulated by CCA 1974' and then goes on to giving key financial information
AN application form with my name address, employer a bit about data protection and my signature
ageneric leaflet YOUR COPY OF THE GENERAL CONDITIONS
Platinum Card
5.9 % for balance transfer until...
No annual fees
Platinum Card Benefits
RSVP REPLY BY 1999
Please complete your application form etc etc and if you need any help etc call 0800...... please return by ........ Credit agreement regulated by the CCA 1974 (in small writing)
Card Issued by RBS.....
Pricipal cardholder details, then the bit where I fill in my details etc...
A box at the bottom says YOUR RIGHT TO CANCEL-Once you have signed this agreement you will have a short time to cancel it. Exact details of how and when you can do this will be sent to you by post by RBS Advanta
Well it certainly looks like an application form. Although it does mention regulated by CCA 1974 (in very small lettering blow the words "Application Form"- but seems to be missing a lot of the prescribed terms.
It also says how long they will take to "approve your application," and about allocating a credit limit at a later date, so,IMHO - that's exactly what it is, an application form.
lots of prescribed terms missing
no payment terms
no APR
no t&c
Its an application form
try using my letter to maorgan stanley a bit further up the thread
whoops sorry wrong thread....try application or agreement where you posted this link
Dave
** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **
see you stand like greyhounds in the slips,
Straining upon the start. The game's afoot:
Follow your spirit; and, upon this charge
Cry 'God for Harry! England and Saint George!'
If you think I have helped, informed, or amused you do the clickey scaley thing !!
No prescribed terms (I can't see the interest rate Lantana referred to). It does say in the small print that you are agreeing to the general conditions 'as set out separately' and 'the details about the card as set out overleaf' but the prescribed terms are meant to be on the front!
Regards, Pam
VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE: http://www.consumeractiongroup.c o....l#post53879 9
Anyone seeing this who wants to help by copying it to their signature please do.
They have defaulted me and its doing the normal rounds with Triton, Green & Co. Solicitors and AIC. I have ignored all of them. I am looking at issuing them a claim for unenforceable agreement.