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RBS Mint Card CCA - Is this enforceable?


Poolio
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Thanks to all the great advice I received here regarding sending CCAs and then posting the responses from creditors I advised my mother who is bogged down with debt and struggling to meet her payments to go down the CCA route.

 

She sent a CCA request to Mint (RBS) for a credit card and got the following response:

 

http://i513.photobucket.com/albums/t336/Poolio22/Mum%20Mint/MintLetter.jpg

 

Then there is the agreement (a filled in and signed application form), along with a set of terms which were supposedly overleaf:

 

http://i513.photobucket.com/albums/t336/Poolio22/Mum%20Mint/MintAgreement.jpg

 

http://i513.photobucket.com/albums/t336/Poolio22/Mum%20Mint/MintTerms.jpg

 

Is this a proper agreement and is it enforceable?

If so then she will arrange a payment plan?

If not then is there a standard letter I get her to send to them saying the document is unenforceable?

 

Along with that they sent what seems to be an account summary:

http://i513.photobucket.com/albums/t336/Poolio22/Mum%20Mint/MintAccount.jpg

http://i513.photobucket.com/albums/t336/Poolio22/Mum%20Mint/MintAccount2.jpg

 

Also they sent a copy of the terms and conditions booklet:

http://i513.photobucket.com/albums/t336/Poolio22/Mum%20Mint/RBSTerms.jpg

http://i513.photobucket.com/albums/t336/Poolio22/Mum%20Mint/RBSTerms2.jpg

 

Thanks for advice as usual, I hope I can ease some of my mum's worries :)

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I cannot give you the answer as I'm no expert in this. I've only replied to give you the bump. In my humble opinion I'd be surprised if that was not valid. Most of the card companies were aware of discrepancies on CCA's well before the date of yours so it should be spot on. Wait for a more experienced member to reply.

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Again not a definitive answer.

 

It rather depends on what the small print on the agreement says - I can't read it on the copy.

 

The terms do appear to be from that era but there would need to be a link from the agreement and, if they rely on these it would be up to them to prove it is indeed, the back of the agreement.

 

Good news is, I have a string of C/Card agreements from between 1995 & 2000 and not one is enforceable.

 

Can you read the small print on the agreement, on the copy you have been sent?

 

David

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