CCA - Help Required

[squidward]

Update....

 

Well after a wait of over 6 weeks my Abbey card CCA arrived

 

Could someone have a look not to sure if it's enforceable - just my luck if it is.

It arrived with a copy of their current T&C's and a Letter stating it meets all the prescribe terms.

 

Thanks Squidward

 

First Covering Letter

 

Agreement Front

 

Agreement Back

 

Call Center Form

 

I can Post up T&C's if anyone wants to take a look!

Edited June 22, 2009 by squidward

[Capricorn1601]

Update....

 

Well after a wait of over 6 weeks my Abbey card CCA arrived

 

Could someone have a look not to sure if it's enforceable - just my luck if it is.

It arrived with a copy of their current T&C's and a Letter stating it meets all the prescribe terms.

 

Thanks Squidward

 

 

HI Squid

 

Does this look like the genuine article to you? Just wondering as Im getting nervous that they will find mine now and I cant afford to pay them the arrear of outstanding monies

[squidward]

Hi Capricorn1601

 

Unfortunately it does

 

Squidward

[Capricorn1601]

See PT's thread Consumer Credit Agreements - a guide to enforceability, entry number 8 should be of interest to you .

 

 

"this document is improperly exectued and not in compliance with S61(1)© CCA, the reasons?

 

Look at clause 1.5 (B)

 

where are the exceptions stated? clause 2,.4 . 3.5 and 3.6? they aint there so all the terms were not easily legible when the agreement was signed

 

 

also one has to question what are these terms? are they a term which says you do not have to pay on a day with a Y in it? could be. since its not stated then we just dont know

 

oh also, since its in relation to a prescribed term, they could be in trouble here too"

 

I think this applies to your agreement.

[Capricorn1601]

Update....

 

It arrived with a copy of their current T&C's and a Letter stating it meets all the prescribe terms.

 

 

they would tend to tell you it meets the prescribed terms.... but we know better

[squidward]

Hi Cap

 

Hmmm this looks interesting cap I think I am going to have another look at this

 

Do you have any idea what the missing bits are

 

Cheers Squidward

[Capricorn1601]

oh ooooh just noticed something else. Please run this by one of the site team or better still PT. He has a thread on this somewhere and said it was important.

 

It says on your balance transfer slip.... Credit limit £7500. But in your alledged Financial and related conditions it only gives interest rates for credit limits of £1000, £3000 and £5000. I am sure I have seen somewhere this is important as they have given you a credit limit but not told you what the interest rate is. I think this is a prescribed term and therefore misleading.

Edited September 4, 2009 by Capricorn1601
needed to add clarification

[Capricorn1601]

read this post first

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1897679.html

 

My argument on the enforceability (although I am a beginner so get this checked out) would be the agreement has to be within 4 corners of the same piece of paper (both sides). If what they have sent you is correct and not a cut and paste job then, by reading the Financial and related conditions, they are not complete. There are references to conditions which are clearly contained in another document. PT points out that as they relate to Prescribed Terms ie how when amounts and how it is calculated etc, it becomes unclear what is expected of the debtor. A prescribed term must be clear, but what they have sent you is incomplete therefore you would not have known what you were agreeing to. (I hope this makes sense).

 

Then there is the second reason I have tried to outline in my earlier post. I dont know the exact details but remember a post I think was started by PT where he started out by saying that knowing your initial Credit limit is very important. It was related to the interest charges set out (in your case Cash advances). If they say its £7500 but dont have that written into your agreement then again how are you supposed to know how much interest you are to pay them back. Hopefully someone may be able to give you more detail on this.

 

Basically what I am saying is looking at your CCA, I think, and again I must stress I am not an expert, but only can give you my opinion on what I have picked up on this site as I need every argument to fight the b****rds for my CCA, that I think the agreement is flawed. There are missing elements in the Prescribed terms and they are incomplete.

[Capricorn1601]

Hi squid

 

Have you any updates?

[squidward]

Hi Cap

 

No updates at present! although had a phone call from the customer care dept offering me a 60% reduction of the balance which would be fantastic if I had the cash available to do it.

 

Phone calls seem to have stopped now

 

How about you

 

Squidward

[exchange]

squidward, the 60% reduction is the standard offer going around at the moment. Looks like MBNA are getting desperate!

[Capricorn1601]

Hi squid, Ive had a letter asking me to contact them with a 50% reduction, two postcards, alas not from distant shores telling me they have permenantly emigrated!!! Other that these, nothing. For me if they came down to say 90% reduction with an easy payment plan over 12 months, I might consider it. Did you read the article about the loan which was let off due the PPI versus MBNA which was highlighted yesterday. It appears the tide may be turning to our favour.

[Capricorn1601]

Hi Squid

 

Do you have any updates on your cca yet? Or are they ignoring you?

[squidward]

Update

 

Well checked my credit report looks like MBNA have transfered my account

to Arrow Global limited funny thing here is I have no Notice of Assignment (NOA).

 

Whats next??

 

Squidy

[Capricorn1601]

hi squidy

 

thought you had disappeared its been so long since we've heard from you. I'm sure Arrow Global will be in touch before long asking for the money. In the meantime read around and be prepared for them. Usually start off with the bemused letter and take it from there.

 

 

Capricorn