Me against them v's Post Office Credit Card

[Braveheart12]

Can anyone help me with the enforceability of the Post Office Credit Card CCA from 2006? I applied online, then must have been sent the CCA below to sign which is an appendix attached to a 14 page Credit Card Application.

 

There isn't a Credit Limit outlined and many of the prescribed terms are outlined within clauses in the application not the CCA itself. Is this allowed/enforceable?

 

 

[Pinky69]

It has a reference to a credit limit, a repayment schedule and an interest rate and these are in the same section as the signature box - all in Appendix A. It doesn't need to specify an amount for the credit limit - it is sufficient to say we will set it and tell you what it is. In my view this would be enforceable.

[Braveheart12]

I thought that may be the case, but was obviously hoping it wasn't...thanks.

[Braveheart12]

Just recieved this letter associated with my Post Office Account;

 

 

Any thoughts on this considering it was fairly recently when the provided the above CCA #1.

 

Also was is meant when Red Castle say "they will "apply an immediate discount to the debt"

 

Is this a reduced balance of £10 if I paid them £10, or are they saying they will offer me a discount on the full balance?

 

or is all a ploy to get me to comply with them?

[Nottsdave]

probably offering you a full and final settlement deal, but be very careful that you cover all angles if this is the route you take.

 

Notts

 

Do not ring them !

[Braveheart12]

Why would they do this if the CCA is enforceable? or is their something wrong with it?

 

I have no intention of calling them or providing them with my telephone number.

[Nottsdave]

cash flow, they want your money asap, remember they pay peanuts for the debt, so anything you pay over say 20 %(tops) is a winner for them.

 

Notts

[Braveheart12]

Thats if the Post Office have sold the debt to Red Castle, rather than using them as an agent to collect the debt on their behalf.

 

I hope they have sold it, that'll put me in a stronger position.

 

Any idea's on how I should deal with this? I need to be certain the CCA is enforceable before I think of offering them reduced repayments or a Full & Final Settlement offer.

 

any advice would be appreciated.

[Braveheart12]

I have a feeling this CCA is has been constructed to look like I've signed something that is enforceable. Their signature is blatantly a copy and paste. The fact that the CCA is scanned in to a document as an appendix is also concerns me. They could just make any T&Cs up then add the appendix to it!

[Braveheart12]

Can anyone offer any advice on the points I raised in posts 8 & 9.

 

Thanks

[IdaInFife]

most have agreements with copy sigs from the creditor and it's not unusual

 

if this is front and back or reference numbers at the bottom as the same then i agree with Pinky (pinky has already pointed out what makes it enforceable)

 

ida x

[Braveheart12]

The references on both sheets of CCA in Appendix A are the same.

[Braveheart12]

Red Castle now told me the client will accept 80% of the balane as full settlement.

 

They have also said they may raise and issue a Statutory Demand to be served to me. Whick May be followed by Bankruptcy proceeding against me.

 

Any advise would be great....thanks

[IdaInFife]

have you made offer of payment?

 

ida x

[Braveheart12]

No I am going to make a SAR before I decide on what to do. I was more concerned about the Bankruptcy issue!

[Braveheart12]

Just received this letter...

 

 

I need to slow them down while I receive my SAR details. Any thoughts?

 

Also I am becoming more concerned about the threat of bankruptcy!

Edited June 28, 2009 by Me against them!

[count orlok]

send them a CPR request, they have said they are taking you to court (and nobody would deny that's what theat letter looks like), so you have the right to disclosure. Thats what i have done when faced with letters like that. In my experience it slow them down a bit, may even back down completly and accept a token offer, mine have, but then i do not own anything of value.

Edited June 28, 2009 by count orlok

[dcakiller]

I would cover over your account ballance (post 16), as it would be to easy for a dca to work out who you are it is suspected that they do hang about here

[Braveheart12]

Thanks dcakiller...missed that!

 

I'll have to read up on CPR as I'm unfamiliar with the process.

 

Thanks

[Braveheart12]

Update: Just received pretty much the same letter from RLS as I did recently from Reds.