Is my CCa enforceable?

[bdf3077]

Hi,

 

I recently asked my bank to send my CCA which they did (dated 2002).

 

Is there anyone that can take a look at it for me and tell me if its enforceable.

 

The only reason im doing this is because TSB keep putting the interest up and im finding it so hard to get the balance down as I pay £100 in interest alone. I asked them to reduce it and they said no, so now id rather not pay them the rest as i have calculated that i have actually paid my bill the rest is now just interest for them.

 

any help would be appreciated

 

kind regards

[cerberusalert]

Can you scan it, remove identifying details & post it up?

[bdf3077]

Image001.jpg picture by bdf3077 - Photobucket

 

Image002.jpg picture by bdf3077 - Photobucket

[bdf3077]

Image001.jpg picture by bdf3077 - Photobucket

 

Image002.jpg picture by bdf3077 - Photobucket

[cerberusalert]

It appears to be enforceable I'm afraid.

 

Have you considered sending them a SAR to determine what unfair they've added over the years which you can reclaim; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

[terlyn1104]

Hi all

 

wondered if someone can help me with Link?

 

I had a MBNA credit card which was sent to Link Financial Ltd anyway, sent Subject Access Request

 

Cant find my agreement!

 

Sent second letter advising not acknowledging debt etc.. and will no longer pay blah blah blah

 

Recd letter from Link as detailed below:

 

Unfortunatly at this time we are unable to supply you a copy of your agreement however the FOS have made it clear that in situations such as this it is not unreasonable for us to continue reporting a default if it is a accurate reflection of how the account has been paid. The information commissioners office have also made it clear that a default on a credit file 'accuratley reflects the payments on the account' then the fourth bprinciple of the data protectin act 1998 has been complied with and therefore the continuation of reporting the account is acceptable. they also state:

The failure of the creditor to produce a copy of the signed agreement is not, on its own, evidence that your debt does not exist or that it is not enforceable and should therefore not appear on your credit file, if the crdit grantor can supply some other evidence of the agreement and you have no evidence to contradict this then it is likely to be proper for the debt to continue to be recorded on your credit file.

Therefore if an agreement is not available it does not mean the account is unenforceable and should be deleted from your file. the payments you have made towards your account and the offer letters you have sent are proof an agreement exists'

 

has anyone else come across this response? if so what would you suggest I do?

 

many thanks

[cerberusalert]

It is a standard response and sadly true that FOS agree with them. You could send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/586-legal-notice-issued-under-section-10-of-the-data-protection-act-1980

 

And have a read of; Knocked back by a DCA on a Sec 10 notice? - The Consumer Forums

[maroondevo52]

Thread moved to Lloyds Forum.