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Credit AGREEMENT -or- APPLICATION? RBS Advantage Card


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I may get accused of trying to hijack this thread if I post anymore in here :-) but I think that most of it is relevant to the discussion of agreements / applications etc. I am just having a go at Morgan stanley CC. I have CCA'd them and got given just as the twelve days was up

 

1 a photocopy of the t&c (age unknown)

2 a copy of an unsigned agreement (very recent)

3 a photocopy of my application (signed on the back as a true copy of the original)

 

and a covering letter saying " as requested please find enclosed a copy of your executed agreement, a certified copy of your APPLICATION form and a copy of the current terms and conditions"

 

Now then I dont think that they have complied with sections 60 / 61 of the act in that a properly executed document must contain two signatures

 

Any thoughts

 

dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Now then I dont think that they have complied with sections 60 / 61 of the act in that a properly executed document must contain two signatures

 

Any thoughts

 

dave

 

Hi

 

For the purposes of complying with any section of the Act that require a 'copy' of the executed agreement to be sent, the creditor may omit any signatures and the name/address of the debtor.

 

However, If they want to enforce via the court they would have to show a fully compliant document with signatures so they might as well send the full monty in the first place, but they don't have to. Strange, but true!! :confused:

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Hi

 

For the purposes of complying with any section of the Act that require a 'copy' of the executed agreement to be sent, the creditor may omit any signatures and the name/address of the debtor.

 

However, If they want to enforce via the court they would have to show a fully compliant document with signatures so they might as well send the full monty in the first place, but they don't have to. Strange, but true!! :confused:

 

Regards, Pam

 

So.... I would write back thanking them for your copy of the application form and the T&C and the agreement document. Ask them for the T&C which were originally sent with the agreement and also your true copy of the executed agreement containing all the prescribed terms and your signature.

If this cannot be supplied, then they have an unenforceable agreement.

 

Z

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Lets hang fire here until we see the application form shall we? How many applications have we seen that could fly as an agreement albeit with a court order for enforcement?

 

Dave, is there any chance you can post the application form on this site? Scan it and save it in photobucket (I'm not too sure how this works, maybe someone else can give us a hand?).

 

If the application form isn't a goer, stop paying them. Pam is resident SPI (Spotter of Prescribed Items)

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sure will do ... bit rushed at the mo will post it later...

 

but it is an application, they admitted it was am application and it only has my sig on it

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Pam is resident SPI (Spotter of Prescribed Items)

 

Eeehh! When did that happen then?!? :eek::)

 

I'm glad you haven't chosen the title - Spotter of Prescribed Item Terms!! :-D

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Eeehh! When did that happen then?!? :eek::)

 

I'm glad you haven't chosen the title - Spotter of Prescribed Item Terms!! :-D

 

dont be daft - we all know thats a dog..:D:D:D

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Hi Pam

 

Scanning the thread. Did m55 call you spotty?

 

Not having him insult you(my job);)

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Hi Pam

 

Scanning the thread. Did m55 call you spotty?

 

Not having him insult you(my job);)

 

Peter

 

Careful though, I might respond with a 4 letter word!!!

 

 

 

 

 

PINS!

 

:lol::lol::lol::lol:

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Woops Peter - you've done it again, are you feeling the pain:eek:

 

Hi LB

 

No, he's behaving himself at the moment but I have just made a bulk purchase - just in case!!:D;):):D

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Oww

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Aftrenoon everyone:)))

Look what came in the morning to my mailbox

 

Beating Banks With Bad Credit Agreements? - 30/03/2007

 

I also wanted to say a Big THANK YOU to PAM and DAVE for all your help...I am going to draw the letter to WF to advise them that i am stopping my payments as the agreement is not properly executed and therefor unenforcible.

And if they submit the defence i will amend my N1 to the court( thread Itsme VS Welcome Finance )...Now...being not english( english is not my first language)...it's a bit hard to make right wording for the letter...I will use Dave's as a sample....but if you have any more ideas, please let me know:)))

 

Kind regards,

 

Maria

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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Aftrenoon everyone:)))

Look what came in the morning to my mailbox

 

Beating Banks With Bad Credit Agreements? - 30/03/2007

 

 

Hi Maria

 

I have also seen this. Don't go wasting the £30 they are charging for a report on your agreement though! It is easy enough to show why your particular agreement is unenforceable by simply reading the CCA's regulations.

 

I will get back to you this evening about wording for a letter unless Dave or anyone else does it first, and also about the PPI/Medicare issue.

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Hi Maria

 

I have also seen this. Don't go wasting the £30 they are charging for a report on your agreement though! It is easy enough to show why your particular agreement is unenforceable by simply reading the CCA's regulations.

 

I will get back to you this evening about wording for a letter unless Dave or anyone else does it first, and also about the PPI/Medicare issue.

 

Regards, Pam

 

Pam

 

Will this help or can you suggest any changes

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/79147-consumer-credit-act-resources.html#post698254

 

Z

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Hi Zubo

 

The letter Maria is going to send is a definitive 'take a hike' letter because she has received a copy of the full monty agreement but unfortunately for the lender :-D they have omitted to enter the 'Amount of Credit'! This is a prescribed term so her agreement is totally unenforceable!

 

I will give any feedback on your proposed template letter later as I don't have time now.

 

Do we get royalties?? :D:D

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Hi Zubo

 

Your linked thread has mysteriously disappeared!?!

 

I have now tried twice and keep getting 'invalid thread'!!

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Hi Zubo

 

Your linked thread has mysteriously disappeared!?!

 

I have now tried twice and keep getting 'invalid thread'!!

 

Regards, Pam

 

not sure what admins are doing...

 

i assume its an admin - maybe they dont like the idea????

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what do you think of this

 

mbna.jpg

 

its an application form...

 

also where exactly are the financial prescribed terms... their signature..

 

gotta go

 

Z

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As far as I can see it doesn't mention interest rates, it doesn't have repayment frequency and it doesn't have a credit limit, so as far as I can see it is unenforceable, but the text is a little bit hazy.

 

What was on the back? If the other bits are there the consensus of opinion is that it still is unenforceable, but I have reservations about that. Wait for Pam to comment, we all bow to the SPI :D

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hi Zubo, m55dlc

I have blanked their signature, there is nothing at the back and there are no T&C.

 

If you read the top right corner no.3 it clearly reads SIGN YOUR APPLICATION FORM.

 

forgot to mention this was originally with BOS and have since sold part of their business to MBNA

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