wolverine999
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Are these CCA's enforceable?
wolverine999 replied to wolverine999's topic in Debt management and Debt self-help
can anyone help please? -
I think i am right in saying that guidelines say that if a credit card is 2 months in arrears then they are not supposed to increase the interest rate.
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Hi, I hope someone can help. I have received replies to some of my Subject Access Requests relating to my credit cards and I have attached them for your advice. I also have an overdraft with a highstreet bank. I originally opened it when i was a child and I doubt I ever completed any paper work to apply for an overdraft on it once over 18. Should there be a signed agreement covering the overdraft to make it enforceable? As you can see in the attachments, Barclaycard are refusing to provide me with a true copy of my CCA quoting "With reference to the Civil Procedure Rule (the CPR). We have provided you with sufficient information to allow you to understand our position. The CPR doesnot confer an automatic entitlement to documents before proceedings start. CPR 31.16 provides that a party may apply to the court for pre action disclosure in certain limited circumstances, which do not apply here. The application must be supported by evidence - and the usual order is for the applicant to pay the costs of the application, including the respondents costs, together with the respondents costs of complying with any order that is made as a result (CPR 48.1 (2) ). While there is no formal onbligation on our part to provide documentation in answer to Validation of Debt correspondenve, we have undertaken steps to provide you with the contractual terms under which your financial obligations arise and a statement of account. I am fully satisfied that the sum outstanding by you remains legally due and payable. You should continue to repay the outstanding balance owed on your account in accordance with the terms of your credit agreement. if you do not, we may register a default against you with credit reference agencies, although we will formally notify you before doing so. This completes our obligation to you under section 78 of the consumer credit act 1974." Your help will be much appreciated, thanks. attachments can be found on flickr here- Monument CCA Sainsburys CCA Lloyds CCA Barclays_Page1 Barclays_Page2
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