Discussion on enforceability of agreements

[citizenB]

Can anyone advise that if a say creditor could not supply a valid, signed credit agreement would the account(s) be closed if the debt was not enforceable? With reference to credit cards, thanks

 

Rizel, if there were NO signed agreement then the creditor would have a hard time proving that you had signed one. Whether or not the creditor would close the account or whether you would have to ask for a court to declare it unenforceable is something no one here can really say.

[Peterbard]

Hi all, need a little help with the enforcability of a MBNA agreement. they have reply with a copy of the original but it does not contain documents mentioned within it I.e "right to cancel" and PPI . the PPI was taken out at the same time, im a little confused as the whether this needs to be in the original agreement.

 

also the section about APR looks wrong

 

Purchases APR 15.9% - Monthly 1.2408%

balance transfers APR 18.3% - Monthly 1.2408%

Cheques APR 18.3% - Monthly 1.2408%

Cash APR 18.3% - Monthly 1.2408%

 

How can the monthly rate be the same for two different rates (i.e 15.9% & 18.3%) think i might be having a blonde moment>?

any help much appriciated!

 

Hi

 

Are there any one off fees involved in the bottom three transactions? This would effect the APR.

Was the orriginal cancellable? It depends when it was taken out and under what circumstanses, ie on line or in a bank. we really would need to see a copy.

 

Peter

[the_shadow]

Rizel, if there were NO signed agreement then the creditor would have a hard time proving that you had signed one. Whether or not the creditor would close the account or whether you would have to ask for a court to declare it unenforceable is something no one here can really say.

 

I believe PT2537's advice and I've also seen it quoted from the district judge in the smt37 CPR hearing is that if no agreement can be found then an injuction against enforcement should be requested.

 

S.

[user2006]

Hi

 

Are there any one off fees involved in the bottom three transactions? This would effect the APR.

Was the orriginal cancellable? It depends when it was taken out and under what circumstanses, ie on line or in a bank. we really would need to see a copy.

 

Peter

 

hi Peter,

Thank you for your reply, i really should put more detail in ,sorry.

i have my own thread but it has been attracting little attention.

http://www.consumeractiongroup.co.uk/forum/getting-out-debt/186544-cca-advice-no-reply-2.html

I dont currently have a scanner, but i am going to buy one today.

 

BTW! I have found the original letters sent when the account was opened. i.e the one that the CC comes with and it seems a seperate letter regarding Payment protection that a had been taken out. I will scan both documents in ASAP, as the first one seems to be the Credit agreement.

[diddydicky]

but of course rizel, unless they CONFIRM that they do not have a signed agreement then the possibility remains that one day they might find it!

 

t