Yorkshire Bank Credit Card Adivce Please

[millmerman]

Hi guys - please find the attached doc and see what you think.

 

I sent off the quid for the CCA and this is the attached response - many thanks.

Yorkshireccresponseletter.doc

Yorkshireccapplication.doc

Yorkshireccddform.doc

Yorkshirecct&cs.doc

[millmerman]

Also have their new t&c's within the letter - please see.

Yorkshireccnewt&cs.doc

Yorkshireccnewt&cs2.doc

[f1owers]

Its certainly an application form - no mention of Credit Card Agreement etc. Certainly no prescribed terms within the page where you have signed.

 

Are you meant to presume the terms and conditions were on the back. Is there anything on the front of the application form referring to terms overleaf. If so - do the terms mentioned on the back match what is referred to one the front?

 

Very difficult to read.

 

Am sure someone will be along soon to give you some sage counsel.

[millmerman]

Does not seem to have anything on saying - please see overleaf - but to be fair - the copy I am reading is 100% as the one scanned and attached on here. It seems they have had the CCA sent by fax to wherever sent it out, and as such it looks poo.

 

Something I have noticed, and had not noticed before is original t&c's 1 to 6 seem to be missing...not sure if this has any effect on anything.

 

Cheers

[paulwlton]

I'll let you know if it's enforceable sometime tomorrow.

 

Paul

[millmerman]

Cheers Paul.

[millmerman]

Have you managed to have a look yet please Paul.

 

Cheers.

[paulwlton]

Have you managed to have a look yet please Paul.

 

Cheers.

 

Looks unenforceable.

 

I challenged the application/agreement form on Wednesday, unfortunately the hearing was adjourned untill June because the Claimant didn't submitt evidence to prove their case. The solicitor tried to blag the judge but failed.

[millmerman]

Looks unenforceable.

 

I challenged the application/agreement form on Wednesday, unfortunately the hearing was adjourned untill June because the Claimant didn't submitt evidence to prove their case. The solicitor tried to blag the judge but failed.

 

Eh? Don't understand that bit - sorry mate...

 

What would you suggest my next step is with the account?

 

Many thanks

[paulwlton]

I suggest you have a read up and get fully conversant.

 

http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

[millmerman]

Will do, plenty of reading to be done there.

 

I meant (eh?) to your bit about the hearing...not about unenforcebilty.

 

What would people suggest be my next letter to Yorkshire Bank then based upon the attached scanned letters please?

 

Many thanks in advance once again.

[f1owers]

I would go on the grounds of it being illegible at the moment.

 

Am looking for an illegible letter myself.... will let you know if I come up with one.

[paulwlton]

Alter to suite

 

 

 

 

 

Re: my request under s78 of the Consumer Credit Act 1974.

 

Thank you for your recent letter sent to me dated 21st June 2007, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated 26th April 2007. Upon receipt of the original request the specified account legally entered into disputed status.

 

My request remains outstanding. An application form does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'. The statements sent do not correspond to the amount stated in your earliest correspondence and therefore they do not satisfy the requirement to supply me with a statement of account.

 

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until 25th May 2007 to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

 

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and consequently you are precluded from enforcement untill the default has been rectified.

 

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

I would appreciate your due diligence in this matter.

 

I look forward to your reply.

 

Yours faithfully