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credit agreement layout


JULI99
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I have posted under the citicard thread as well but have had no reply

 

Wrote to Citicards asking for copy of signed documentation regarding them taking credit payment protection from my account.

Recieved reply saying that in the credit agreement they sent me I had actually marked the box under optional insurance protection. Their is no such box on the credit agreement.

 

Also am I right in thinking that if you have asked for card protection insurance then all details of it should be set out on the credit agreement like percentage charges etc and not a rather ambiguous paragragraph in small print on the back. The paragraph reads

 

Insurance you can trust

The benefits are provided through Card Protection Plan Ltd (CPP) which arranges direct cover for you, as your agent, with an authorised insurance company which has chosen English law to govern the policy. Further details and an insurance policy pack will be forwarded on acceptance of your proposal. The information which you give will be held by CPP, as agent for the insurer, to administer the policy for which you apply. Any complaints should be addressed to CPP at the address supplied in the policy pack.

 

Firstly I know I did not recieve the policy pack

Secondly the bit about accepting my proposal suggested to me that if I wanted insurance this was what was on offer, rather than that I was signing up for insurance.

Thirdly if signing the credit agreement meant that I was signing up for insurance and it was then in place why then does it go on to say

"The information which you give will be held by CPP, as agent for the insurer, to administer the policy for which you apply."

I know my english is not good, but this sounds like future tense and after signing the credit agreement you will be able then to take up the offer of insurance.

 

Basically my one question is if you have asked for insurance then all details of it should be set out on the credit agreement like percentage charges etc

 

A simple yes or no will do. I am itching to get this one off.

 

juli99

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Hi Juli,

 

If they cannot prove that you have signed up for insurance, either by you having ticked a box, or signed a separate agreement and then furnished you with details of the insurance, the debt is unenforceable. The contract will have been improperly executed and they cannot pursue you for the money. Some banks and credit card companies add insurance to the agreement without your permission, because they make so much money out of it! With such an incentive, it is no doubt difficult for some to resist the temptation to add it and hope you don't notice!:x It probably amounts to taking monies by deception, but for the purposes of the contract it is unlawful under the CCA 1974.

 

If they don't provide evidence, personally, I would stop paying them altogether and let them issue proceedings against you. The onus is on them to prove their case if they take legal action. In your counter-claim, as well as claiming back charges(if you haven't already) you would put them to strict proof that you have agreed to the insurance. My guess is they don't have that info, so it would be an improperly executed contract and you can claim back all monies paid under the agreement in the last 6 years, which will make them really happy!:D Serves them right!

 

I hope this helps!

 

Regards,

 

Laiste.:)

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Hi Laiste

 

Thanks for that. I have been asking for proof over the last few weeks. As I have asked several times and the letter saying I had ticked the box on the credit agreement was their only answer I am now going to put in a prelim for charges and insurance they have taken.

 

Oh happy days.

 

juli99

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Hi Juli,

 

Why only put in a prelim for charges and the insurance paid, when you can claim all the money you have paid to the Company for the past 6yrs? I wouldn't let them keep my money, if they can't produce evidence of the agreement! Don't let them get away with it, they would take your last penny without a moments hesitation.

 

Regards,

 

Laiste.

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They did actually send the credit agreement but nothing on it related to my having taken out insurance.

Are you saying that because I did not sign for cardholder protection insurance and they took it I could get all monies I paid to them back even though they sent the credit agreement. I was under the impression that only happened if they could not supply the agreement.

I am quite happy if it is not the case. Asking for what amounts to nearly 2 thirds of the balance back still will give me a warm glow.

 

juli99

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If they added insurance to your contract without you having agreed to it, it is an improperly executed contract under the CCA 1974 and the debt is unenforceable. As such, you are entitled to claim the monies you have paid in the past 6yrs. Don't expect them to acknowledge this though, you will have to issue a claim against them and be prepared to go to Court.

 

Laiste.:)

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They did not add insurance to my credit agreement just charged me each month on my statements.

 

As I said quite happy to recoup nearly 2/3rds of the balance and get the default removed.

 

Although, according to my credit reference file I owe £1800 more than I actually do and yet the file was supposedly updated last month. Am going to tackle them on that next.

 

juli99

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They have added the insurance to your contract in the sense that they have charged you every month! They will attempt to suggest that you agreed to it at the outset, but they clearly have no proof of that, which makes it an improperly executed contract. As you obviously had the insurance added at the beginning of the contract, you should have signed something to prove that's what you agreed. All of the terms of the contract that you were prepared to agree to should have been laid before you prior to signature. They cannot simply add the insurance without your permission, that makes the contract unenforceable for the purposes of the CCA 1974. It probably also amounts to obtaining monies by deception, which is a criminal offence.

 

Laiste.:)

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WHOOPEE

 

Will look at this tomorrow. I am just in the middle of doing my mcol for abbey national ERC and found after interest it comes to just over £14000. Need a strong coffee as am a bit shakey at the thought of going after that much.

 

Head between the knees time.

 

JULI99

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