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When did Credit Card Companies lower their fees/charges


Duffers Mum
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Thanks for that, so Sainsburys sending me T&C's stating they will charge £12 are obviously T&C's from today's date and not from 2002 when I opened my account, which is what I thought and why I now presume that they have not complied fully with the CCA, even if they do say they have sent an executed copy of the CCA (which looks every much like an application form as it has my old employer details on it), surely as the T&C's are not relevant to the time the agreement was taken out, they haven't complied? :)

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Sorry, CB, not quite. Most of them didn't lower their charges until the deadline they were given by the OFT, which was August 06. Not relevant to Duffersmum's query, but just in case someone else needed the more specific answer... ;-)

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I will try and get OH to scan in document, although its not one of the clearest i've received, so may not scan very well. it certainly doesn't show the APR or any charges etc, but the T&C's they sent yesterday do, although they are current ones as stated above. The form is signed by myself and them and the credit limit is showing, so its possible it is the CCA, but then again no APR so possibly not! Its a minefield! :)

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Remember to be enforceable it MUST contain ALL the prescribed terms.

 

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

Be VERY careful whose advice you listen too

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But does them providing separate T&C's mean they have conformed if the T&C's contain the APR etc, and what about if they are current T&C's and not relevant at the date the agreement was taken out, surely that means they haven't? sorry to be a pain about this, and I know its difficult without seeing the document in question, its all so ambiguous :)

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Curlyben - thank you, you're a star (tried to click your scales but it says I must spread it round a bit apparently!!) ;)

 

Fair to say they have failed as the T&C's are incorrect date, and failed because the T&C's are on a separate sheet. Think they probably fail in the, they've also sent the application form department too, but that seems rather irrelevant now as they haven't done everything else right!

 

I am also trying to explain to Barclaycard that they have too have done the same, expect they haven't even signed the so called CCA, am sure these companies think we are all stupid.

 

I will send one more letter off to Sainsbury's even though I don't have to, I just like to annoy them as they annoy me.

 

Duffers Mum :) :) :)

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