Cap1 & CCA return

[JonCris]

Correct meagain but they have to have notified you of any change to those terms in order to give you the opportunity to opt out/cancel your agreement

 

If they have acted without notification then their agreement is not equitable

[un1boy]

Thnks loads guys.....I thouhgt the agreement was sufficient, and seeing as I'm on a day off today looks IKE I'm gonna spend it writing letters - I'll send them all today, hehe!

[Smoothy]

Thnks loads guys.....I thouhgt the agreement was sufficient, and seeing as I'm on a day off today looks IKE I'm gonna spend it writing letters - I'll send them all today, hehe!

 

Same here...got agrement but no T&C's... nearly commited a criminal offence as 12 days+month has nearly expired!!

 

Letter to go tomorrow!!

 

Smoothy

[un1boy]

Thanks for all ur help guys - I have one morequestion.

 

What how does the CCA request affect a claim for unlawful charges? Should you do the charges first and then the CCA request, or do you think you could negotiate a settlement of the cahrges plus a bit more instead of reporting them?

[Smoothy]

Thanks for all ur help guys - I have one morequestion.

 

What how does the CCA request affect a claim for unlawful charges? Should you do the charges first and then the CCA request, or do you think you could negotiate a settlement of the cahrges plus a bit more instead of reporting them?

 

 

Thought this may be relevant.....

http://www.consumeractiongroup.co.uk/forum/other-institutions/10900-loan-company-cannot-supply.html?highlight=baconbuttyman#post91636

 

Smoothy

[meagain]

In reclaiming charges, you are not trying to enforce the agreement, but rather reclaim money that was unlawfully taken from you. Thus whether or not the agreement remains enforceable is irrelevant. Of course, you may want to push as hard as possible to ensure that you are paid, and not merely get it offset against the debt (after all, you go from having a debt that they can't chase you for, to having a smaller debt that they can't chase you for, thus you gain nothing).

[un1boy]

Thought this may be relevant.....

http://www.consumeractiongroup.co.uk/forum/other-institutions/10900-loan-company-cannot-supply.html?highlight=baconbuttyman#post91636

 

Smoothy

 

Thanks mate.

[un1boy]

In reclaiming charges, you are not trying to enforce the agreement, but rather reclaim money that was unlawfully taken from you. Thus whether or not the agreement remains enforceable is irrelevant. Of course, you may want to push as hard as possible to ensure that you are paid, and not merely get it offset against the debt (after all, you go from having a debt that they can't chase you for, to having a smaller debt that they can't chase you for, thus you gain nothing).

 

Good point, thanks meagain!

[JonCris]

If you enforce the agreement then that is in effect an addmission that it is inpart lawful.

[paulwlton]

If the creditor can't supply the signed agreement it cannot be enforced in court, but the debt is still a debt and unlawful charges that were applied to the debt in my view can be reclaimed even though this would be used to offset the debt.

[Fullyskinted]

If they cant provide the agreement there is no debt - I thought that was the point!?!

[Guest The Terminator]

In reclaiming charges, you are not trying to enforce the agreement, but rather reclaim money that was unlawfully taken from you. Thus whether or not the agreement remains enforceable is irrelevant. Of course, you may want to push as hard as possible to ensure that you are paid, and not merely get it offset against the debt (after all, you go from having a debt that they can't chase you for, to having a smaller debt that they can't chase you for, thus you gain nothing).

 

Agree with everything you say there especally the bit in brackets.

[JonCris]

paul of course you can reclaim. The argument is about how.

 

If you rely on the agreement then you can't claim it's unlawful

[paulwlton]

Methinks i should have claimed the charges back before making the CCA request. I think i've dropped a clanger, oh well.

[meagain]

Ah. I see what you mean. The charges are taken "under contract", and the first paragraph in the PoC is "X had an account with Y".

[un1boy]

Interesting points - could ur POC not be used as evidence though?

[baileyboy]

If they cannot produce the agreement then they cannot enforce it, so you don't recognise the debt, so you cannot reclaim the penalty charges - correct?

 

Presumeably it would be more beneficial then to go after reclaiming all the payments taken off you to service a non existant agreement?

 

Oh dear, my heads spinning.....:-?

[un1boy]

Again good point, but if the cahrges are unlawful the that is money that they shouldnt have taken

 

so it would make more sense to get the cahrges back first and get back the dosh you werent meant to pay

 

and then go for getting the agreement

[Ally]

Evening everyone

 

have some complicated CCA issues on my thread in Debt & bailif Advice any help/opinions would be great as I am perplexed!!

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/33520-1st-credit-littlewoods-woolwich.html

Thanks

 

Ally

[Guest The Terminator]

This is a copy of your agreement for you to keep. It includes a notice about your cancellation rights which you should read.

CREDIT CARD AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974

Your lender is MBUSA Europe Bank Limited, Stansfield House, Chester Business Park, Wrexham Road, Chester CH4 9QQ.

 

1 Key financial information

 

1a We will choose your credit limit and tell you what it is. We may vary it at any time and write to let you know.

1b By the payment due date shown on your statement each month, you must pay whichever is the least of:

· 2.25% of the balance shown on the statement (but you must pay at least £5); or

· the charges for Payment Protection Cover, plus interest charged on the statement, handling fees and default charges, plus £5; or

· the balance on the statement if this is less than £5.

1c Your Annual Percentage Rate is 15.9% APR (variable).

2 Other financial information

2a If, for example, you immediately borrow £1,500 and pay it back in 12 equal monthly instalments, your total charge for credit under this agreement would be £123.71, not including the £1,500.

2b The interest we will charge on transactions, including for introductory promotions, will be as set out below. Note that we will not increase any promotional rate during the promotional period, unless you do not keep to the terms and conditions. If you do not keep to the terms and conditions, we may, at any time, totally withdraw any promotional rates which apply to your account from the day after your last statement date and apply the standard rates shown below.

· Card purchases: In the first three months from the account opening date, we will charge interest at the rate of 0% p.a. (a year). After that, we will charge a standard rate of 15.9% p.a. (a year).

· Balance transfers: In the first twelve months from the account opening date, we will charge interest at the rate of 0% p.a. (a year). After that, we will charge a standard rate of 15.9% p.a. (a year).

· Cheque transactions: In the first twelve months from the account opening date, we will charge interest at the rate of 0% p.a. (a year). After that, we will charge a standard rate of 15.9% p.a. (a year).

· Cash transactions: In the first three months from the account opening date, we will charge interest at the rate of 22.9% p.a. (a year). After that, we will charge a standard rate of 22.9% p.a. (a year).

2c We will charge the following handling fees. For all balance transfers and cheque transactions, 2% of the amount of each transaction (minimum £3). For all cash transactions, 3% of the amount of each transaction (minimum £3). There is an annual fee of £0.

 

 

2d We will charge interest on handling fees, and on interest you already owe, at the rate which applies to the relevant transaction. We will always charge interest on any annual fee, service charges and default charges at the rate which applies to card purchases. We will not charge interest on the card purchases shown on your statement if you pay off the whole balance shown on that statement, and on the statement before, by the date the payment is due. Otherwise, we will charge interest on all transactions, handling fees, service charges, default charges and interest starting on the transaction date and ending on the date you pay the bill in full. We work out interest each day, so the earlier you make a payment, the less interest you will have to pay.

 

2e We will add transactions to your account after the payment system under which we have issued your card lets us know about them. We will add interest to your account on each statement date. We will add the handling fees, any annual fee, service charges and default charges immediately.

2f We will use your payments to pay off balances at lower rates of interest before balances at higher rates of interest. This means that if you have made a transaction at a promotional rate after your last statement date but before the date we receive your payment, we may pay that transaction off first.

2g In working out the APR we have not taken account of any changes in interest rates or handling fees or any annual fee. We may change these, and may also introduce new fees, by giving you notice under paragraph 11a.

3 Key information

3a If you break this agreement, you must pay the following default charges.

· £12 each time that your payment has not reached your account in cleared funds by the date your payment is due.

· £12 each time a cheque, direct debit, a credit-card cheque or other item for payment is unpaid.

· £12 each time the account balance goes over your credit limit (after taking into account any items not yet shown on any statement).

· Any other losses and costs we suffer as a result of you breaking this agreement.

We will add these directly to your account. We may change the amount of these default charges by giving you notice under paragraph 11a.

3b Details of other service charges are set out in section 4.

MISSING PAYMENTS

Missing payments could have severe consequences and make obtaining credit more difficult.

 

IMPORTANT – READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS

The Consumer Credit Act 1974 lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not, we cannot enforce this agreement without a Court order.

The Act also gives you a number of rights:

1) You can settle this agreement at any time by giving notice in writing and paying off the amount you owe under the agreement.

2) If you received unsatisfactory goods or services paid for under this agreement, apart from any bought with a cash loan, you may have a right to sue the supplier, us, or both.

3) If the contract is not fulfilled, perhaps because the supplier has gone out of business, you may still be able to sue us.

If you would like to know more about your rights under the Act, contact either your local Trading Standards Department or your nearest Citizens’ Advice Bureau.

 

THEFT, LOSS OR MISUSE OF CREDIT CARD

If your credit card is lost, stolen or misused by someone without your permission, you may have to pay up to £0 of any loss to us. If it is misused with your permission you will probably be liable for ALL losses. You will not be liable to us for losses which take place after you have told us about the theft, etc.

 

 

YOUR RIGHT TO CANCEL

Once you have signed, you will have for a short time a right to cancel this agreement. You can do this by sending or taking a WRITTEN notice of cancellation to MBNA Europe Bank Limited, PO Box 1004, Chester Business Park, Wrexham Road, Chester CH4 9WW.

If you cancel this agreement, you will still have to repay any money lent to you. But if you repay all of it before your first payment is due, you will not have to pay interest or other charges.

MBNA customer satisfaction line – Freephone 0800 062 062

If you are phoning from overseas, please reverse the charges to – +44 1244 672 111

4 Other charges

4a If you ask us to provide services that are not part of the day-to-day servicing of your account, you may have to pay our service charges. We will tell you about these at the time.

4b If you make a transaction in a currency other than sterling, we will change the amount into sterling at the wholesale market rate or any rate that a government may set. We will charge a service charge (commission) of 2.75% of the value of each foreign-currency transaction rounded up to the nearest penny. Exchange rates may change, and the exchange rate which applies on the date that you make your transaction may not be the same as the exchange rate we use on the date that we convert the transaction charge and add the service charge to your account. The exchange rate shown on the statement will include this service charge.

5 Keeping your account secure and loss, theft or misuse

5a You must sign your card, and make sure that each additional cardholder signs their card as soon as they receive it. You must always make sure that you, and any additional cardholder:

· do not allow anyone else to use your card, card number, cheques or PIN, or tell another person the PIN;

· destroy the notice of the PIN after receiving it, do not keep the card and PIN together, and never write the PIN down; and

· only release the card number and security details on your account to make (or try to make) a transaction.

5b If your card or cheque is lost or stolen or someone else finds out your PIN, or if you think your card, card number, cheque or PIN may be misused, you must:

· call us immediately on one of the customer satisfaction numbers shown above section 4 (we have a 24-hour service) so that we can stop the card, card number, cheques and PIN;

· if we ask, write to us within seven days to confirm the loss, theft or possible misuse (the address is MBNA Europe Bank Limited, PO Box 1004, Chester Business Park, Wrexham Road, Chester CH4 9WW); and

· stop using your PIN, card, card number and cheques immediately.

5c If you find your card after you have reported it lost, stolen or misused, you must cut it up and tell us as soon as you can.

5d You will not be liable for any use of the card, card number, cheque or PIN by another person who does not have your permission to use it unless:

· you, or your additional cardholder, agreed to that person having your card; or

· you, or your additional cardholder, have acted dishonestly or very negligently.

5e You must make sure that you, or your additional cardholder, report the matter to the police and, if we ask, you and your additional cardholder must give us all the information we need to help us investigate and recover our property.

5f We may tell law enforcement agencies any information which we reasonably believe may be relevant.

6 Using your account

6a You must make sure that any additional cardholder keeps to the conditions of this agreement. We may release any information relating to the account to any additional cardholder. You or an additional cardholder may, at any time, have that additional cardholder removed from your account.

6b You must not use the card, card number, cheques and PIN after this agreement ends, after the expiry date on your card, or in a way that would mean your balance goes over your credit limit.

6c We may refuse to authorise a transaction if the relevant phone or computer link is busy. We may also refuse to authorise a transaction or return a cheque unpaid if:

· the amount might result in your balance going over your credit limit (in deciding this, we will take into account the value of your transactions, interest, handling fees, any annual fee, default charges and service charges as well as authorised transactions we have not yet added to your account); or

· we reasonably believe that we need to do so to keep to the rules of the payment system under which we issue your card; or

· we reasonably believe that we need to do so to comply with any law or as a matter of good practice, for example by acting to prevent over indebtedness

6d You cannot stop a cheque transaction, card purchase, cash transaction or balance transfer after it has been made.

6e You can only draw cheques in pounds sterling and you cannot use this account to pay us.

6f We may renew your card when it expires (runs out). If you ask, we may also replace a damaged card, provide further cheques, change the card or account number, or change the PIN.

6g We may also issue a different type of card from the one you have applied for, or replace it with a different type of card (including a card which operates under a different payment system), if:

· you ask for (or are eligible for) a different type of card;

· you are not eligible for the type of card you have applied for, or which we have issued;

· there is an organisation that backs your card, and our arrangement with that organisation has ended or is about to end; or

· we have any other valid reason, in which case we will give you that reason.

6h Cards and cheques are our property.

6i We will refund a transaction only when we are satisfied that a refund is due.

 

7 Statements

7a We will choose your first statement date. We will then produce your statements about one month apart. If you ask, we may change the statement date.

7b We will send you a statement showing the payments you have made to us and all amounts we have charged to your account since your last statement. We will do this every month, unless there have been no transactions during that period and you do not owe anything. We will normally send the statement within three working days of the statement date.

7c You must check your statements. If any item in a statement seems wrong, you must let us know as soon as you can.

8 Paying your balance

8a The minimum payment you must make will be shown on your monthly statement. Refunds and credits will not count towards your minimum payment unless they pay off your balance in full. We may write to you allowing you to make a reduced monthly payment or we may give you a payment holiday. If we do this, we will continue to charge interest as normal. We will also not extend the period within which you need to pay if you want to avoid interest on any card purchases you made in the previous month.

8b You must pay us the amount of all the transactions on your account, interest and other charges, even if:

· your balance goes over your credit limit;

· your card, card number, cheque or PIN, or that of an additional cardholder, is used by you or an additional cardholder, or by a person who used it with the permission of you or an additional cardholder, in a way that is not allowed; or

· there is a delay in us producing, sending or delivering your statement.

Your liability if your card is lost, stolen or misused by someone who got it without your permission or the permission of an additional cardholder is set out in the theft, loss or misuse of credit card statement above.

8c We will add your payments to your account when they have cleared. Details of how long you should allow for your payments to reach your account are on the back of your monthly statement.

8d Unless you have a legal right to do so, you must not hold back a payment or refuse to pay anything you owe us because of a dispute between you (or your additional cardholder) and another person.

8e You must pay us immediately:

· any amount by which your balance goes over your credit limit;

· the value of any transaction which you have made which breaks this agreement; and

· the amount of any missed payments under this agreement.

8f You, or your legal representatives, must pay your whole balance if:

· this agreement ends;

· you fail to make a payment in full when it is due;

· you break an important part of this agreement or repeatedly break this agreement and fail to sort the matter out;

· a bankruptcy order is made against you, or you make a voluntary arrangement with your creditors; or

· you die.

8g If we demand any payment under paragraph 8f, we will immediately let you know why.

8h You must make all payments to us in pounds sterling.

9 Stopping the card

9a If we have a valid reason (which we will tell you about), we may at any time stop, suspend or restrict any card, card number, cheque or PIN.

9b If we stop or suspend a card, we may keep the card or (if we ask) you must cut it up.

9c You must not use the card, card number, cheques and PIN after we have stopped them, while they are suspended, or if we restrict them.

10 Ending this agreement

10a We may end this agreement at any time if we write to you first to tell you that we are doing so. If we have a valid reason, we may end the agreement immediately and write to you as soon as we can afterwards, to tell you why we have done so.

10b If we end this agreement, you must cut up all cards and unused cheques. If we ask, you must also return them to us.

10c You may end this agreement at any time by contacting us and cutting up all cards and unused cheques.

10d After this agreement ends, you will still be personally liable to pay all amounts which are due (or may become due) to us under this agreement.

10e If you end this agreement, we will cancel any Payment Protection Cover you have taken through us for this agreement.

11 Altering this agreement

11a We may decide to change any of the terms of this agreement, including interest rates, fees and charges (such as, for example handling fees, any annual fee and default charges) or introduce new terms. If the change benefits you, we will do it immediately and tell you about it within 30 days. Otherwise we will tell you at least 14 days before any increase in interest rates and at least 30 days before any other change.

12 Changing your name or address or insurance provider

12a If you, or any additional cardholder, change your name, or if you change your address, you must let us know as soon as you can.

12b If you ask us to arrange insurance on your behalf, we will treat this as your authority to advise on, manage and cancel any insurance policy for you and enter into a new policy with a different insurer if we consider it to be in your best interests. Before we do this, we will tell you the terms offered for a further policy period by your current insurer, or if your current insurer no longer offers the policy, the terms of a policy offered by the alternative insurer. Unless you tell us otherwise, the authority outlined in this paragraph 12b represents your prior request for us to transfer you to such a new policy in these circumstances. You can withdraw this prior request at any time by writing to MBNA Insurance Services, MBNA Europe Bank Limited, Chester Business Park, Chester CH4 9QQ.

13 Personal information

13a In sections 13 and 14, personal information means:

· information you give us or we already hold about you, including any phone number you call us from, which we may record;

· information we receive from enquiries we make so we can make a decision on your application to, or agreement with, us or any member of the MBNA Group, including information we receive from searches made by us or any member of the MBNA Group in your name with credit reference and fraud prevention agencies and insurance claim registers;

· information about any MBNA account or policy which you, or any member of your household, holds with or through us; and

· information we receive from anyone who is allowed to give us (or any member of the MBNA Group) information about you.

13b We will keep your personal information for only as long as we need to or are allowed to by law. You have certain rights to receive a copy of the personal information we hold about you. Please write to Compliance Manager, MBNA Europe Bank Limited, Chester Business Park, Wrexham Road, Chester CH4 9FB. We will charge you for this.

13c We will process and record your personal information, including details of your transactions, to:

· search credit reference and fraud prevention agencies’ records (including information from overseas) so we can manage your account with us and make decisions about credit, including whether to make credit available or to continue or extend your existing credit (these searches will not be seen or used by other lenders to assess your ability to get credit);

· assess any application for credit or other financial services you or any member of your household makes (we will sometimes use a credit-scoring or other automated decision-making system to do this);

· manage your accounts and policies, and make decisions on questions about any application, agreement or correspondence which you may have with us;

· carry out, monitor and analyse our business;

· contact you (unless you tell us that you prefer not to receive direct marketing) about other products and services which we consider may interest you (we may contact you by post, by phone or in another way); and

· keep to any laws or regulations in any country.

13d We may reveal your personal information to:

· any person working for us (including any member of the MBNA Group);

· if you arrange insurance through us, that insurer;

· credit reference and fraud prevention agencies;

· any organisation which backs any of our products which you hold;

· any guarantor of any agreement between you and us;

· any payment system under which we issue your card;

· any person we transfer any of our rights or duties to under any agreement we may have with you; and

· anyone you authorise us to give personal information to.

13e So we can process, use, record and release personal information, we may pass your information outside the United Kingdom to other countries including the United States of America. We are responsible for making sure that your personal information continues to be protected during this type of transfer.

14 Releasing personal information to agencies

14a We will release some personal information about you to the following agencies.

· Credit reference agencies when we search their records about you. They will record details of our searches. We will also release information to credit reference agencies about any account which you hold with us or any member of the MBNA Group, including information about any payments you have missed. Information held by credit reference agencies may be linked to other people who you have a financial association with.

· Fraud prevention agencies. If you give us false or inaccurate information and we suspect fraud, we will tell them this.

14b The credit reference and fraud prevention agencies will share search details and account information with us and other organisations so that we and they might:

· assess applications for credit and related services, and manage accounts and insurance policies with you or members of your household;

· check your identity in compliance with money laundering law;

· prevent, detect or prosecute fraud and other crimes;

· recover and trace debts; and

· check details of job applicants and employees.

14c The fraud prevention agencies will share records with other organisations to help make decisions on proposals for, and claims against, motor, household, credit, life and other insurance, for you and members of your household.

14d The credit reference and fraud prevention agencies will also use personal information for statistical analysis about credit and insurance fraud. Please phone us on the customer satisfaction number shown at the top of these terms and conditions, if you would like details of those credit reference and fraud prevention agencies. You have a legal right to these details.

15 General

15a We will monitor or record some phone calls.

15b You must send any written notice to us at the address shown in paragraph 5b. We will send any written notice or demand to you at your last-known address. We will always treat you as having received the notice or demand at that address.

15c We may transfer our rights or duties under this agreement or arrange for any other person to carry out our rights or duties under this agreement. You may not transfer any of your rights or duties under this agreement.

15d We will not be liable for:

· anything outside our reasonable control (for example, a failure of computer systems which happens for reasons outside our reasonable control) or any industrial action if this prevents us from providing our usual service;

· any person refusing to accept or honour (or delays in accepting or honouring) any card, card number, cheque, PIN or balance transfer; or

· any cash dispenser failing to issue cash.

We will not be liable for the way in which you are told about any refusal or delay.

15e We can delay enforcing our rights under this agreement without losing them.

15f If we cannot enforce any condition under this agreement, it will not affect any of the other conditions in this agreement.

15g This agreement is governed by the law of England and Wales.

16 Definitions

In this agreement, the following words and phrases in italic have the meanings shown next to them.

additional cardholder – a person you ask us to issue a card to, or to provide cheques to, for them to use on this account.

annual fee – a fee which we may charge each year for running your account.

balance transfer – a payment you ask us to make from your account to another financial organisation which is not a money transfer and which pays off or reduces the amount that is owed to them.

card purchase – any transaction (other than a cash transaction) under which you make a payment using a card (with or without the PIN) or card number.

cash transaction – a money transfer or any other transaction under which you receive cash or a cash substitute by using your card or card number, including foreign currency, traveller's cheques, postal orders, gambling transactions and transferring money electronically.

cheque transaction – any transaction in which you use a cheque to make payments using the account (the terms and conditions in the chequebook will apply).

default charges – any charges we add to your account under paragraph 3a.

handling fee – any charge we add to your account for balance transfers, cheque transactions and for cash transactions under paragraph 2c.

MBNA Group – MBNA Europe Bank Limited, its subsidiary and parent companies, any subsidiary of any of its parent companies and any person we transfer any of our rights or duties to in this agreement.

money transfer – a transfer of funds from your account to another financial institution other than into a credit card or loan account.

PIN – the personal identification number which we issue or approve to be used with a card.

service charges – any charges we add to your account for the services provided under section 4.

Complaints

If you would like to make a complaint, please write to us at MBUSA Europe Bank Limited, PO Box 1004, Chester Business Park, Wrexham Road, Chester CH4 9WW.

We have procedures in place which will make sure we handle your complaint fairly and quickly. However, if you are not satisfied with the outcome of your complaint, you can write to the Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London E14 9SR.

 

MB-SA-09.06

 

The Terminator has found at least 10 unfair terms in this agreement see if you can find the 10 I'll post them tomorrow and the 10 in the CCA

[elsinore]

8C. Details of how long you should allow for your payments to reach your account are on the back of your monthly statement.

 

Why aren't they included in the T&Cs?

 

Because you might miss that point, thus incurring a late payment charge.

 

Elsinore

[Guest The Terminator]

8C. Details of how long you should allow for your payments to reach your account are on the back of your monthly statement.

 

Why aren't they included in the T&Cs?

 

Because you might miss that point, thus incurring a late payment charge.

 

Elsinore

 

Thats is one I have a big ring around. But there are also 10 breaches of he CCA.Clue: Go back to Wilson.

[joneshousehold]

7c You must check your statements.

Actually there is a case that I cannot remember the name of but was something like Hong Shing Bank v Tai Ching Cotton Mill (or something like that) that said there is no obligation to check (bank) statements.

 

2b The interest we will charge on transactions, including for introductory promotions, will be as set out below. Note that we will not increase any promotional rate during the promotional period, unless you do not keep to the terms and conditions. If you do not keep to the terms and conditions, we may, at any time, totally withdraw any promotional rates which apply to your account from the day after your last statement date and apply the standard rates shown below.

See Lordsvale Finance case in the cases library - this is only deemed reasonable if the increase matches the genuine pre-estimated loss on default

 

Of course all the £12 'default charges' are unlawful.

[joneshousehold]

On a separate matter presumably this

 

MB-SA-09.06

 

means that this was printed in Sept 2006 and is not your t&c's at all!

[Fullyskinted]

On a separate matter presumably this

 

 

 

means that this was printed in Sept 2006 and is not your t&c's at all!

 

 

Id go with that!