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General question re credit card agreements


Fred Bassett
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I'm a little confused with a couple of points and hope someone can help.

 

1) I'm aware that the credit card agreement should contain certain prescribed terms, i.e. credit limit, apr etc. What if the agreement states, for instance, "We will tell you from time to time the approved limit we have set ...." Does this conform to the relevant legislation?

2) Signatures: Does my signature have to appear in the page or pages that contain the prescribed terms? i.e., I have had a few responses (that appear to be applications) containing my signature and a second page that seems to contain generic terms and conditions without specific information. How significant is the location of the signature box in this respect?, because it seems to be very important but I'm struggling to find any information about this particular aspect.

 

TIA

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Hi Fred.

 

"We will tell you from time to time the approved limit we have set ...."

The above is acceptable as a substitute for an an exact figure.

 

Regarding location of your sig it used to be that it could be anywhere on the agreement as it's location was not defined. This was amended in 2004 (effective from 01.05.05) from which point it had to be at the end.

 

The doc I have that details all this was kindly posted by pt2537 and is entitled Consumer Credit (Agreements) Regulations 1983.pdf

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Hiya,

 

have a read of this thread, very informative on credit agreements

http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

 

 

regards,

shane

 

 

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Thanks both. Does the signature have to be on the same page as the prescribed terms or is it permissible for the terms to be on a separate page?

 

One 'agreement' (headed 'Application for and agreement') has a separate sheet containing these terms and conditions. There is nothing specific about any of these and in fact I can't see the APR because the copy I've got does not fit this on the page. Is it good enough, for instance, to send a copy of terms or conditions that may or may not have been relevant at the time?

 

I'm still trying to work out if I have enforceable agreements with a number of creditors.

 

Thanks.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Thanks both. Does the signature have to be on the same page as the prescribed terms or is it permissible for the terms to be on a separate page?

 

One 'agreement' (headed 'Application for and agreement') has a separate sheet containing these terms and conditions. There is nothing specific about any of these and in fact I can't see the APR because the copy I've got does not fit this on the page. Is it good enough, for instance, to send a copy of terms or conditions that may or may not have been relevant at the time?

 

I'm still trying to work out if I have enforceable agreements with a number of creditors.

 

Thanks.

 

Fred

Hi Fred,

 

are you able to post up a copy of the agreement? We can better advise then as to its enforcability.

 

When was the account opened?

 

Also keep in mind APR is not a prescribed term, rate of interest is

 

kind regards,

shane

 

_______________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

____________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

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Shane,

 

This is the agreement:

 

Application1.jpg

Application2.jpg

 

I did start a thread on here a while back regarding this particular account, but things just faded away a bit.

 

Thanks.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Hiya,

 

Well a s78 request is a request for a post contractual agreement, this is clearly a precontractual application from.

 

the prescribed terms do seem to be stated at the bottom under main financial particulars, is this a separate document? Normally it's a separate t&c's. Is there any indication it was on the reverse of the alleged agreement or is it a completely separate doc?

 

Also, it mentions near to your signature that you have a right to cancel an exact details will be sent to you. The creditor is obliged to send that info to you under a CCA request, if they haven't they remain in dispute and cannot enforce the debt.

 

kind regards,

shane

 

 

 

_______________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

____________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

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Shane,

 

This is exactly what they sent me and nothing more. I don't know if these details were on the back of the 'agreement' or not - they are dated with effect from 1st September 2001 and the 'agreement' was signed 2 weeks later. What is the information they should have sent me?

 

Regards.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Hi,

 

the info they are required to send you is the agreement and any other document that it makes reference to. Since it states that they will send you 'exact details by post' of how you can cancel the agreement this exact info should of been furnished to you under a CCA Request.

 

Furthermore, if you never received these cancellation details at all, the agreement can be ruled unenforcable by virtue of s127(4) of the Act.

 

Have a read of the CCA 1974 here www.statuelaw.gov.uk

 

kind regards,

shane

 

 

_______________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

____________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

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Shane,

 

They certainly didn't send them as part of my CCA request but I may well have had them first time around - I've got no proof. What's to stop them popping these details in the post now?

 

Regards.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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