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joruby

More help - received a CCA Response?

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HI guys

you kindly helped out last week when I got court papers from Link

 

Ive now been sent what appears to be a consumer credit agreement but I've got some doubts

 

It was for an Evans card and at the top it details credit value and details of my Id (had to present a switch card)

 

It says thank you for taking the time to apply for an account card

 

then it says Credit agreement regulated by the Consumer Credit Act 1974.

 

It gives my details on the application

I obviously signed for PPI

 

The financial details of the account are as follows:

 

We will determine your credit limit from time to time and give you notice of it.

Interest will be charged on the account at the rate of

2.08% per month APR 28.0 for monthly payments by direct debit

and 2.21 per month APR 29.9 for monthly payments by any other means

the rates of interest and teh APPRs may be varied by us giving you notice in a manner permitted by law. THe APRs quoted do not take account of any such variation. The minimum payment due from you each month will be the greater of £4 or 4% of the outstanding balance on the account (or the full balane if it is less than £4). The statements you receive will show the minimum payment amount required and the date for payment.

 

Initial Credit

If you are given the right to take credit when you sign this agreement the right to cancel referred to in the box below will not apply to this agreement.

 

Customer information and data protection

In assessng your application we will make enquireies abuot you searching any records held by credit reference agencies and checking your detaisl

 

I guess the rest isnt really important...

 

I've signed it

 

Then Your Right to Cancel. Once you have signed this agreement yo will have a short time a right to cancel it. Exact details of how and when you can do this will be sent by post

 

Its then signed by someone else (I think someone working in the store)

 

 

So three questions now if you can

 

a) is it enforceable and if so I presume I send the letter someone kindly sent on my previous post

 

2. If it is enforceable presumably 4% of the outstanding balance is the most I would have to pay as a minimum payment?

 

3. How do I now respond in the papers (I've been away for work all week)

 

Many many thanks in advance

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From what you have put, I would say it is enforceable as all the prescribed terms seem to be there. The best thing is to put an offer of payment in writing to them - something that you can afford.


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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ok thats helpful - I could probably pay the 4% at a push until such time that my finances ease off and then will pay more

 

how likely is it they will accept if i make an offer that's at this level till say, November when I can probably double it or more?

 

Should I set out my circumstances

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One of the letters here - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html maybe of some use.

 

You can only try and negotiate with them - just put everything in writing though - never phone them.


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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