Hi

I have attached a copy of the alleged agreement that they sent me. They also sent me a copy of a letter (which I don't remember receiving) that is not dated but appears to be for a replacement card with the current terms and conditions.

Can someone give me advice as to whether the agreement is enforceable.

My thoughts are that what they sent appears to cover the prescribed terms (original credit limit (although this was later reduced), interest rates, and method of repayment. They have not signed the agreement though? Would lack of their signature make it unenforceable?

Also they have not sent me the original Ts&Cs unless what is on the alleged agreement are the Ts & Cs???

Any thoughts much appreciated.

Thanks

Interweb

http://i462.photobucket.com/albums/qq344/grouptrader/mintagreement-1.jpg

will bump this thread.....

Where is your name and address and the company's name and address? This could pertain to anyone!

It also states 'credit agreement' not 'credit card agreement'.

Sorry - I see their address now and you have of course blanked yours out. It has all the prescribed terms and your signature. Their signature is not necessary to render it enforceable (Secton 127 (3) of the CCA1974). One thing I am sure it should say "Credit Card Agreement ..." would have to check with the Consumer Regulations (Agreements) 1983.

Thanks for the feedback.

Any info on the significance of 'Credit Agreement' as opposed to 'Credit Card Agreement' would be appreciated.

What about the Ts & Cs?

Thanks

Interweb

Hi

I found this in:-

Statutory Instrument 2004 No. 1482The Consumer Credit (Agreements) (Amendment) Regulations 2004

10. - (1) Schedule 1 (information to be contained in documents embodying regulated consumer credit agreements other than modifying agreements) shall be amended as follows.

(2) For paragraph 1 substitute -

1. All types. " (1) Subject to paragraph (2) below, a heading in one of the following forms of words -

• (a) "Hire-Purchase Agreement regulated by the Consumer Credit Act 1974";
   
  (b) "Conditional Sale Agreement regulated by the Consumer Credit Act 1974";
   
  © "Fixed-Sum Loan Agreement regulated by the Consumer Credit Act 1974"; or
   
  (d) "Credit Card Agreement regulated by the Consumer Credit Act 1974",
  

as the case may require.

(2) If none of the headings in 1(a) to (d) above are applicable a heading in the following form of words - "Credit Agreement regulated by the Consumer Credit Act 1974".

Ok, so they appear to have the wrong heading on the agreement. Does that affect anything?

Thanks

Interweb

Can someone please help with this.

Thanks

interweb