Hi,

I sent a CCA request to RBS concerning an Advanta/Mint CC, this is what i got back.

It's clearly an application form. The second shot is some prescribed terms which i think there trying to pass off as being on the back. I don't think so as on the application it says Details of how to cancel will be sent to you by post but the second pic clearly tells you how to cancel?? Although it does say details about the card are set out overleaf.

I also got a booklet of T&C from last year and two printed pages of other T&C with RBS Advanta on them which may or may not have been applicable at the time.

Also a letter (not dated) which came with a replacement Mint card and a new agreement with £12 charges.

Anyhoo thanks for reading heres the pics, any thoughts anyone?

I'm tempted to send the account in dispute letter, but i know there response will be 'we've complied with the s77/78 request' you still owe the money. Not sure what to do now?

Hi ITO,

The document posted above does not constitute an enforceable credit agreement, for several reasons.

So, by all means, send an "A/c in Dispute" ltr. In theory, you don't have to continue to pay them until they provide a valid Agreement. They should also stop adding any interest or further charges.

But if you stop paying, they will start to pester for payments and enter negative markers on your credit files.

Have you checked for unlawful penalty charges on the a/c and started to reclaim those to reduce the a/c balance.

Hi,

Thanks slick for replying.

This is for a friend of mine who is in so much debt that he can't afford to pay anyone. Hasn't paid any CC (4) for over 6 months now, he has enough problems with his mortgage, trying to pay 3k of arrears off that, Rooftop are going for a reposession, he's meeting the expert at CAB next week.

I can't see any interest rates except for the bit at top right, or repayment details. Is there anything else i've missed that would make it unenforcable?.

Believe me his credit rating is shot to bits, he's been chased by 4 DCA for the last 3 years. His CR is not his biggest concern.

You mention about charges, i thought you couldn't reclaim them if the CCA was unenforcable? TBH i think he'd be happy just to let that slide and this to be 1 less thing to worry about.

Here's an excellent guide about the enforceability of Credit Agreements - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

Reclaiming charges on an unenforceable a/c is possible although you'd likely have to take it up to, or even into, a court hearing.

You can insist on the charges being repaid to you direct and not set against the a/c balance, but if you're happy to leave it, it's one less thing to worry about as you say.