Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
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  1. #1
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    humbleman Informative humbleman Informative humbleman Informative

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    Default At Last Mint Reply On Cca But.......

    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 signatureicon
    ageneric leaflet YOUR COPY OF THE GENERAL CONDITIONS

    What do the experts think of this


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  2. #2
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    Default Re: At Last Mint Reply On Cca But.......

    We'll I'm not an expert on agreements but I' pretty sure it must have at least...

    1) A prominent statement saying something like 'this is a regulated agreement under the consumer credit act 1974'.

    2) Two signatures, yours and theirs.

    3) Cancellation rights.

    If I understand your post you've got none of this?

    Regards

    Lantana


  3. #3
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    Default Re: At Last Mint Reply On Cca But.......

    at the top of this it starts of with

    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 RBSicon.....
    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

    There is only my signatureicon and no box for theirs


  4. #4
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    Default Re: At Last Mint Reply On Cca But.......

    We'll with my limited knowledge I'd say that's NOT an agreement. They presumably could have turned you down after they received the application form.

    Regards

    Lantana


  5. #5
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    Default Re: At Last Mint Reply On Cca But.......

    This was obviously an invitation to apply for a credit card.

    What surprised me was the response I got.


  6. #6
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    Default Re: At Last Mint Reply On Cca But.......

    bump


  7. #7
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    Default Re: At Last Mint Reply On Cca But.......

    application or agreement




  8. #8
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    Default Re: At Last Mint Reply On Cca But.......

    That, is an application form IMO.

    Matt


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    Default Re: At Last Mint Reply On Cca But.......

    Well, it's got an interesticon rate and arguably a reference to a credit limit - but I can't see anything about repayments.

    Enjoy your day in court with RBSicon, if this is all they have with your signatureicon on.

    Regards

    Lantana


  10. #10
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    Default Re: At Last Mint Reply On Cca But.......

    Thanks Matt & Lantana for your response


  11. #11
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    Default Re: At Last Mint Reply On Cca But.......

    bump


  12. #12
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    Default Re: At Last Mint Reply On Cca But.......

    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.


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    Default Re: At Last Mint Reply On Cca But.......

    Yes I concur

    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

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  14. #14
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    Default Re: At Last Mint Reply On Cca But.......

    thx ladybird, thx Dave


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    Default Re: At Last Mint Reply On Cca But.......

    you're welcome, keep us posted!


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    Default Re: At Last Mint Reply On Cca But.......

    Hi

    No prescribed terms (I can't see the interesticon 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

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    Anyone seeing this who wants to help by copying it to their signature please do.

  17. #17
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    Default Re: At Last Mint Reply On Cca But.......

    That's certainly an application, quite clearly.

    Can you take to local TS's for their view???

    If my post was helpful don't forget to click the star!

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    Default Re: At Last Mint Reply On Cca But.......

    can we have an update thanks

    and the prominence of the reference to the consumer credit act 1974 is too small as well


  19. #19
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    Default Re: At Last Mint Reply On Cca But.......

    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.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE