Help Required with Capquest/Skycard

[creativeconnexions]

Hi All,

This my first post, and I hope it appears in the right place.

 

I sent a CCA request to Capquest regarding my Skycard, they sent me back a copy of my Skycard Application Form (Only 1 page) along with a covering note.

 

Does this classify as a suitable agreement?

 

 

http://i273.photobucket.com/albums/jj228/connexions01/scan0001edit.jpg

[dpick]

Hi All,

This my first post, and I hope it appears in the right place.

 

I sent a CCA request to Capquest regarding my Skycard, they sent me back a copy of my Skycard Application Form (Only 1 page) along with a covering note.

 

Does this classify as a suitable agreement?

 

 

http://i273.photobucket.com/albums/jj228/connexions01/scan0001edit.jpg

 

 

Hi that's a pre-contractual application form without the prescribed terms and as such fails a number of the regulations withing the CCA 1974 and in my view is irredeemably unenforceable.

 

You will get more expert view soon

 

all the best dpick:)

[creativeconnexions]

Which ones would you say in particular?

[dpick]

Which ones would you say in particular?

 

 

The application/agreement does not state the credit limit, the rate of interest, details of any power to vary the agreement or debtors repayment obligations

 

All are required terms under CCA 1974 act

 

dpick

[creativeconnexions]

So what should I do now?

 

Do I wait and do nothing?

 

Write to them and inform them that the debt is unenforceable?

 

Or do a make them a 10-20% Full and Final Setlement and thus ensure there are no comebacks in the future?

[Curlyben]

As there are NO prescribed terms on this document it is completely unenforceable as an agreement.

 

 

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

 

Now whether you want to offer a Full and Final on this debt is entirely up to you.

I will only advise on the legality of the "agreement".

Admittedly my aim is always to get the DCA out of the picture and only deal with the original creditor.

After all your contract was with them and NOT the DCA.

 

For now I would wait and see what CapQuest do next.

After all they still have to comply with your CCA request for the agreement.