chunkyj takes on Amex

[chunkyj]

CCA sent 17/01/2008

 

reply received today from RMA resolve with a photocopy of where I signed and something else. Is def not a CCA and doesn't even look like an application. I will post it on here tomorrow and perhaps someone in the know can look at it for me?

Thanks

[chunkyj]

Received this from RMA yesterday... can anyone tell me if this is what i am supposed to have??

http://i245.photobucket.com/albums/gg63/chunkyj-photos/amex-1.jpg[/img]

[ScarletPimpernel]

It's upside down, but it would appear to be the usual unenforceable Amex application form. I imagine that, again as usual, they did not send the terms and conditions applicable at the time.

[chunkyj]

OK so what should I do next with them??

[clutchingatstraws]

You can legally stop paying them as they have not provided a CCA containing all the prescribed terms.

 

 

I would wait until they send the next demand for payment then we will find a suitable letter.

 

No need to chase them they'll write soon enough

[Pinky69]

Does not sending the Terms and Conditions pertaining at the time make it unenforceable? I have never been clear on this.

[clutchingatstraws]

If it is mentioned in the CCA they are obliged to supply

78 Duty to give information to debtor under running-account credit agreement

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

(3) Subsection (1) does not apply to—

(a) an agreement under which no sum is, or will or may become, payable by the debtor, or

(b) a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

(4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

(a) showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

(b) where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

(7) This section does not apply to a non-commercial agreement, and subsections (4) and (5) do not apply to a small agreement.

[ScarletPimpernel]

Does not sending the Terms and Conditions pertaining at the time make it unenforceable? I have never been clear on this.

 

 

s.78 requires the creditor to provide:

 

- a true copy of the executed agreement

- a copy of any other document referred to in the agreement

- a statement of account

 

Almost every agreement makes some sort of reference to terms and conditions that are not in the actual agreement document, so a copy of them should be supplied in response to a s.78 request; if they aren't the creditor or DCA has not complied. Many creditors and DCAs send copies of the current terms and conditions, but this clearly does not fulfil their obligation - it has to be the specific T&Cs that were agreed to at the time.

[Pinky69]

Thank you for that.

[clutchingatstraws]

It does not make the CCA un-enforceable but they have defaulted, it therefore requires a court order before the agreement can be enforced.