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
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When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of 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.
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Apparently, they can only supply their current ones which, as far as I can gather, have been updated to keep them inside the law with regard to the difference between a charge and a penalty.
But you didn't sign up to the current terms and conditions when you applied for the card - you will have signed up to t&cs that were current at time of application.
Send them a CCA request - as part of this they need to supply you with t&cs at time of agreement.
PLEASE sign this petition to reduce amount of time CRAs hold your data
http://petitions.number10.gov.uk/CreditRA
But you didn't sign up to the current terms and conditions when you applied for the card - you will have signed up to t&cs that were current at time of application.
Send them a CCA request - as part of this they need to supply you with t&cs at time of agreement.
I requested my terms and conditions from MBNA(A&L) and made it quite clear that I wanted the ones from when my account was set up. I was told that those were not available as my original account was with A&L and MBNA did not have access to them. I told them I would accept the MBNA ones from when they took over the acount (2003 ish) and was told that would be no problem.
Well they arrived yesterday, and surprise surprise they are the recently updated version stating the cahrge as £12. I spoke to the Customer Advocate Office today and explained that these were of no use to me and I needed the old ones. I was told they did not keep copies of them. I questioned this and I explained that I thought by law (for audit purposes) they would need to keep archieved copies of previous T&Cs and was told they could not help me.
I requested my terms and conditions from MBNA(A&L) and made it quite clear that I wanted the ones from when my account was set up. I was told that those were not available as my original account was with A&L and MBNA did not have access to them. I told them I would accept the MBNA ones from when they took over the acount (2003 ish) and was told that would be no problem.
Well they arrived yesterday, and surprise surprise they are the recently updated version stating the cahrge as £12. I spoke to the Customer Advocate Office today and explained that these were of no use to me and I needed the old ones. I was told they did not keep copies of them. I questioned this and I explained that I thought by law (for audit purposes) they would need to keep archieved copies of previous T&Cs and was told they could not help me.
Can anyone shed any light on this please.
Chrissie
Hi Chrissie I sent CCA to MBNA for my Sonycard originally with Bank of Scotland. They bought out the BOS cards and under the CCA request MBNA have to supply me a true copy of the original signed agreement and copies of any original documents pertaining to that agreement. This why MBNA are having problems they do not have the original T/C for my agreement so most of the prescribed terms are missing they tried to say that latest T/C covered the CCA. I got advice to be sure before I told them where to get off as the advice I got was the agreement as sent was improperly executed and under s127(3) is irredeemably unenforceable Also if they did find Bank of Scotland T/C they have to provide a link to the agreement.
Hi Chrissie I sent CCA to MBNA for my Sonycard originally with Bank of Scotland. They bought out the BOS cards and under the CCA request MBNA have to supply me a true copy of the original signed agreement and copies of any original documents pertaining to that agreement. This why MBNA are having problems they do not have the original T/C for my agreement so most of the prescribed terms are missing they tried to say that latest T/C covered the CCA. I got advice to be sure before I told them where to get off as the advice I got was the agreement as sent was improperly executed and under s127(3) is irredeemably unenforceable Also if they did find Bank of Scotland T/C they have to provide a link to the agreement.
All the best dpick
Thanks for the advice, but can somone explain to me in simple terms exactly what a CCA is (I think I get the guist) and is there a template available for this.
Thanks for the advice, but can somone explain to me in simple terms exactly what a CCA is (I think I get the guist) and is there a template available for this.
Thanks
Chrissie
Hi Chrissie CCA is Customer Credit Agreement and CCA request is to obtain a True copy of your original agreement and copies of any documents referred to in the agreement. IE if your card is from October 2000 and terms and conditions are referred to in the agreement or issued with the agreement then the T/C they send you must be the T/C from then not the latest version (can they say you would have agreed to the latest T/C in October 2000 I think not) As in my reply above MBNA sent me MBNA T/C not the Bank of Scotland T/C for my original card.