Bene V Natwest - Is this CCA Enforceable?

[Bene]

Hi guys

 

Having waited for almost 2 months since my original CCA request from Natwest, they, finally, this weekend sent me some doc's.

 

Trouble is I'm not sure if they're enforceable or not. The signed first page doesn't seem to have any prescribed conditions and the rest of the terms pages seem to be a totally different doc. They also tacked onto the end a letter about issuing a new card with the new card's t's&c's.

 

Can anyone help me understand whether what they have sent is enforceable or not so I can decide what to do next? I have attached all of the info I received except for the latest statement which also arrive in the envelope.

 

Many thanks.

 

Bene

Natwest CC Agreement.pdf

[Bene]

Bump. Can anyone help??

[Bene]

Bumping, I really could do with some help if anyone can??

[cds]

hi Bene,

 

Blew the docs up and still could not make it out.

 

Is it that bad first hand.

 

If so its unenforceable anyway as they are supposed to provide a legible copy.

 

cds

[Sagittarius]

Firstly I agee the document is not legible throughout - I'll give you a sample letter to send about this.

 

Secondly I smell a rat on the second 'skew Whiff' agreement containing conditions. On 2 counts :-

 

section 3 headed 'Key Information' - that heading did not come into force until 2005, seondly I believe the NatWest advantage gold charges of £12 did not appear until 2006. Your agreement is dated 2004.

 

A list of the charge tarrifs are below

 

October 2002 The Advanntage Gold fee was £6

September 2003 The fee went up to £9

From July 2005 it was £10

And finally from June 2006 it is up to present total of £12

A quick note though, during 2002/3 there was a special charge for certain people trialling the newer Advantage

 

Now here's a sample letter you can write (send it by recorded delivery if possible, or failing obtain a free certificate of posting from the Post Office counter :-

 

--------

[Address]

Bank Address]

 

IMPORTANT

[Date]

 

Your ref: : xxxxxxx

 

ACCOUNT IN DISPUTE Re: -

Breaches of Consumer Credit Act 1974 (CCA 1974)

Office Of Fair Trading Debt Collection Guidelines (OFT 664)

Consumer Protection Against Unfair Trading Agreements 2008 (CPUTR 2008)

 

Dear Sir / Madam

 

I refer to your recent reply dated [Date] to my request under section 77-79 of the Consumer Credit Act 1974.

 

I note that you have replied to the above by sending an illegible copy of the agreement. I must inform you that this is not sufficient to comply with the request and that your company is still in default under the Act.

 

To clarify, The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 SI No. 1557 states:

 

“Legibility of notices and copy documents and wording of prescribed Forms

2.-(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the colour of the paper.”

I hope this explains why your reply was unacceptable. I remind you that whilst the request has not been complied with the default continues.

 

Yours faithfully

 

[Name] PRINT YOUR NAME DO NOT SIGN IT

 

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