treblex33 CCA

[treblex33]

hi guys,

sorry to jump in; could you have a look at the attached CCA, it is a Credit Card & Loan Agreement, taken out in 2002.

one point I think is that - its not clearly legible; I did scan with hi-res but that's the quality of the copy they sent.

Secondly- I can't find it now but I read a thread here about combined agreement which claimed that unless the prescribed terms were set out separately for each account they were unenforceable. It referred to certain entries on the 74act. I'm searching for that info again to see which parts of the act applied.

http://photobucket.com/treblex33

 

thanks,

treblex

[cerberusalert]

I've started your own thread so you don't get lost in someone elses.

[debt4get]

if that is the copy they sent its worthless its impossible even to read!!

[treblex33]

hi debt4get,

that's right it can't be read. I was going to write to the creditor to point that out, but would appeciate the opinion of members that may have have had similar experiences.

is there a paragraph of 74act ref. ilegibile CCA's??

[diskmandave]

The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983

 

Legibility of notices and copy documents and wording of prescribed Forms

 

(1) The lettering in every notice in a Form prescribed by these Regulations and in

every copy of an executed agreement, security instrument or other document

referred to in the Act and delivered or sent to a debtor, hirer or surety under any

provision of the Act shall, apart from any signature, be easily legible and of a

colour which is readily distinguishable from the colour of the paper.

 

Think this is what you're looking for..

 

Good luck...

[treblex33]

great piece of info, thanks diskmandave

[treblex33]

Hi All,

 

Could I pls have your opinion on another CCA i received from RBS relating to a credit card agreement, account opened in 2000.

Pictures by treblex33 - Photobucket

 

Page00 - a copy of the application form; this is genuine, but does not form a CCA in itself I think.

 

Pages01 to 07 - haven’t seen / signed or agreed to these t&c's since I opened the account.

I think rbs just made those up recently to cover themselves legally. There is no date, no footnote to link the pages to form a document; I refer to the the following info i went through earlier on this site:

-------------------

“For your information and without going into too much detail here, as you will be aware of your legal obligations, a valid credit agreement must contain certain terms within the signature document (s.60(1)(2) CCA 1974). These core terms are the credit limit, repayment terms and the rate of interest (SI 1983/1553 (6 Signing of agreement) which states that the prescribed terms must be within the signature document. (Column 2 schedule 6). s.61(1)(a) states the agreement must contain all the prescribed terms and be signed by both the debtor and on behalf of the creditor.

As you will know section 180(1)(b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form”. This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.”

---------------------------

They are being clever here by typing up the t&c they used to have in 2000 but they also made a few errors, e.g. charges for going over limit or late payments shown as £15. I've got a statement where I was charged £20 on a few occasions during 2003.

so my opinion on pages01to07 - not a genuine document but don’t know if its legally acceptable though??

 

pages001 & 002:

Rbs also have included this doc which appears to be one of those papers that come with a new card issued.

Again errors here; the card they’re talking about I received in March 2003 at a previous address; they've put my current one on it.

I cant remember what paper came with the card at that time, but the 2nd page here with t&c's shows £12 charges which were introduced recently, not in 2003; clearly not a genuine document.

 

thanks in advance for your opinions. particularly interested in the info / paragraphs of 74act or other law applicable that will help to put a letter togather to write back.

 

treblex

Edited September 25, 2009 by treblex33