Help And Advise

[badfugazi]

Hi,

 

I have a thread running on Cap One and have used the same info on this claim with MBNA. Long story short asked for CCA on 16/10/09 had nothing so sent SAR, Got that back 27/03/10 with the attached scan in it.

 

I think it is an application form and not compliant, could someone with more know how than me please have a look and confirm one way or the other.

scan2.pdf

scan3.pdf

[supasnooper]

Please be careful before stating that Application Forms cannot be compliant...... as sometimes they can.

 

Moving on....there are a couple of problems with this documentation -

 

1/. The interest rates stated in paragraph 7 should relate to the credit limit offered on the account.

 

Do they ?

 

2/. Where are conditions 14.1 and 15 as referred to in para's 10.c and 12 ?

[badfugazi]

Please be careful before stating that Application Forms cannot be compliant...... as sometimes they can.

 

Moving on....there are a couple of problems with this documentation -

 

1/. The interest rates stated in paragraph 7 should relate to the credit limit offered on the account.

 

Do they ?

 

2/. Where are conditions 14.1 and 15 as referred to in para's 10.c and 12 ?

 

Noted and in future I shall leave it to the experts and not put foot in mouth.

 

As to the points you rasised.

 

1. I have nothing saying what the credit limit was to start with.

2. The doc's posted are as thay came in the SAR.

 

I did get a copy with T&C's but they state charges at £12.00, would I be right in thinking that they are new and so not relevent to these?

 

Thank you for your time and help

[supasnooper]

I'm no expert by any means.

 

I have seen plenty of cases on here where a Judge has decided an application form is an agreement and awarded Judgment to the Claimant.

 

Yes, you are correct about the T&C's containing the £12.00 charges.

[badfugazi]

I'm no expert by any means.

 

I have seen plenty of cases on here where a Judge has decided an application form is an agreement and awarded Judgment to the Claimant.

 

Yes, you are correct about the T&C's containing the £12.00 charges.

 

Thank you for the advice but I still think it is worth a shot. I know that I have the debt to repay but would like to do it at a level I can afford and still live. Can I still post and pick your brains as this unfolds?

 

Thank you for the help.