Credit AGREEMENT -or- APPLICATION? RBS Advantage Card

[pudsters14]

I would say no.. it isn't a credit agreement, but there again I am currently going through the same thing with a couple of companies... someone will reply soon that is a bit better on these thigns than me, but I would say there are definately things missing there... APR, their signature, payment terms... there must be more missing... this is purely a torn off part of an application form.... as far as I can see that is.... sorry i cannot help more...

[The Lantana]

As pudster says there are key things missing namely interest rate, credit limit and repayments. It's not a compliant agreement.

 

My concern here is that they may have simply made a poor copy, they may have the full thing. In this instance I'd personally be inclined to write back asking them to try again.

 

Regards

 

Lantana

[m55dlc]

As pudster says there are key things missing namely interest rate, credit limit and repayments. It's not a compliant agreement.

 

My concern here is that they may have simply made a poor copy, they may have the full thing. In this instance I'd personally be inclined to write back asking them to try again.

 

Regards

 

Lantana

It does say 'Detach Here' 'Reply Card' so it may be all they have....

[rinkydinkydoo]

I hope so, should i write and ask them if they have another one

[The Lantana]

Well if it's all they have you're home and dry.

 

Regards

 

Lantana

[Peterbard]

Hi

If this is all they sent you then under where it says this is a consumer credit agreement you should write.

"Oh no it isn't" and send it back.

 

Peter

[Peterbard]

HI Sorry my last posting was a bit inprecise.

The statement "I Have read the T and Cs etc" is not the correct form for a regulated agreement as all prescribed terms and conditions should be on the same page as the signature box and not interspersed with other material. So this document is not a correctly executed agreement even if the prescribed terms are elsewhere.

 

 

Regards

Peter

[The Lantana]

Peter

 

I read somewhere that all prescribed terms must be on the same page as the signature box, but can't for the life of me think where. Can you source it?

 

Regards

 

Lantana

[Peterbard]

HI

 

Yes its on the agreement regulations S.I.1983/1553 i think or the 2004/1482 updated ones.

 

(e) under the heading “Key Information”—

(i) the information set out in paragraphs 20 to 24 of Schedule 1 to these

Regulations; and

(ii) the statements of protection and remedies set out in Schedule 2 to these

Regulations; and

(f) the signature box and, where applicable, the separate box required by paragraph

(7)(b) below;

and such information, statements of protection and remedies, signature and separate boxes shall be shown together as a whole and shall not be preceded by any information apart from trade names, logos or the reference number of the agreement or interspersed with any other information or wording apart from subtotals of total amounts and cross references to the

terms of the agreement.

This is the latter one although the 1983 one is simillar

 

Cheers

Peter

 

Peter

[rinkydinkydoo]

Thankyou, that is a big help, will keep informed, regards,

rinkydinkydoo:D

[zubo]

Thankyou, that is a big help, will keep informed, regards,

rinkydinkydoo:D

 

Rinky

 

look at my Amex thread for background

 

Z

[diskmandave]

Just going back to the original reason for this post , RBoS have still not sent me the standard, "we're missing your payment letter"!

 

Of course, i'll scan & post if they do, BUT... It's all gone quiet!!!

 

Update... They called today from... 01582 630 015 purporting to be, "Mint Customer Satisfaction Team". Presented the whole thing as being a survey. It was obvious they were "fishing", I threw into the conversation that i'ld contacted Tameside Trading Standards (at which point her keyboard went into meltdown)!

 

I wasn't going to argue this when they presented the copy of the application which started this thread, but it seems that it's fortunate that YBS accidently cancelled their payment (all this is viewable above!) when I asked them to cancel a different payment...

 

What I find strange about this whole thing is, when I cancelled the payment to LTSB/BLS because they actually admitted straight off that they couldn't supply any agreements, they were on my case straight away. Now with this, RBoS (Mint), haven't had a single moan about the first missed payment (and it'll be the second tommorow), just a 'phone call fishing for information... What have they got to hide...???

 

Do I need to scan & post a copy of the letter to Mint that started all this?? I've just re-read the original letter from me and there was a charges refund request in there to...

 

Regards, Dave.

[Guest willowb]

What do you think they are fishing for? let's see the letter?

thanks for the click btw:)

 

HI Sorry my last posting was a bit inprecise.

Yes, but very funny:D

 

Wxxx

[InKogneeToh]

Hi , I Hope I,m Not Hijacking, I Am So Confused, The More I Read The More Confused I Get, Is This A Copy OF A CCA

Of A Credit Agreement,

 

Hi

 

The document you have posted up is IMO 100% an application only and definitely not one of those 'grey area' application/credit agreements that are causing problems.

 

There are no prescribed terms whatsoever!!

 

Because I have a wicked streak, I would write and ask them to send a copy of your actual agreement and advise them that if they are unsure which document they should be looking for, that it is the one that has all the prescribed terms, other required terms and statutory statements and is signed by both lender and borrower! :D:D

 

It is tempting to accept this piece of cr@p as all that they possess but it's wise to give them another chance, just in case they do have a proper agreement and might produce it at a later date!

 

Regards, Pam

[diskmandave]

What do you think they are fishing for? let's see the letter?

thanks for the click btw:)

 

 

Yes, but very funny:D

 

Wxxx

 

Here's the original letter that started all this off!

 

 

 

I can post their reply if need be?!

 

Dave.

[tamadus]

Oh yes that thread... the one that proves the more you know the less you know paradox

 

That's the thread

 

Oh and its 250 + pages now Pam

[mrxxxmas]

hi all

some of you may have seen me before, so i'm sorry if i've reapeted anything

 

i was made redundant early jan this year and all the creditors seemed to pounce, only cap one (which i didnt expect) had the good grace to allow six months payments of £1 and no charges or interest added, the rest started getting dirty, monument (formally providian), have now gone to mercers, and its these which are giving me the most grief, i asked for my agreement and this is what they sent me, its similar to rinky's, but its on monument paper and monument T&C's but i opened account with providian, and never received new agreement with card when it changed in 2002, or new agreement in 2005 when they sent me a new card, mercers have told me they will be taking me to court soon, i told them that i was getting help from DAWN Advice Ltd, and they would be dealing with monument, but they had a 5-6 week back log, mercers said i'd better tell them to hurry up, cos i would be in court before then...

i've highlighted some area's

 

mrxxxmas

Doc2.doc

[Seahorse]

If that's all they have to threaten you with, I'd be tempted to say to Mercers, OK see you in court then. And bring your chequebook so you can pay court costs.

[mrxxxmas]

thanx seahorse

i've been told, that as long as i keep paying £1 per month and sending currant income/expenditure sheet, no judge would force me to pay more, is this correct, they also said that monument would proberbly sell account before it go's to court, if this isnt agreement, and they dont have anything else, what about my right to Data Protection, no agreement, no signiture, cant give my details to third party, or sell it? is this right? what about defaults being removed?

 

mrxxxmas

[m55dlc]

First of all, write them a letter stating that you didn't ask to see a copy of the application form, you want to see a copy of the agreement, as stated in your original s77/8 request under the CCA. You do not accept this as an agreement and that they haven't complied with your request. Tell them that you will be suspending payments until such a time as they can provide you with a correctly executed agreement. State that until that time this account is in dispute and therefore cannot be sold.

 

Give them some harsh words back, but stay this side of the line. Just make sure you mention 'until they comply' a couple of times so that a judge will see you're being reasonable.

 

The default issue will require more work, but if they are not forthcoming with the agreement thing you can issue (erm, the quote escapes me) to stop them processing your data.

 

Go for it Santa!

[Seahorse]

Ooohhhh, it's a minefield, but do-able. Depends whether you want a quiet life, or want to poke a stick into the hornet's nest and shake it about.

 

If Monument DID sell it on, it would probably end up with Cabot. And as you already have a copy of what they laughingly call a properly executed agreement, your first letter to that shower should really be, Prove it!

 

If Monument won't accept that this is all you can pay, and think they stand a chance in court with this, I'd say you have nothing to worry about. And as they will be well aware that they stand no chance then, yes. They probably will try to get best price for it and lumber some other sucker with it.

 

Are you reading this Mr Maynard? I'd steer clear of this one if I was you. Oh, wait. You just buy a huge portfolio of accounts with no idea of what's in there. Must be Christmas every day in your office, eh Ken?

[mrxxxmas]

thank you both seahorse and m

 

i dont mind shaking a stick anywhere, and its all come about from being made redundant, so its a bit ironic really, i wouldnt have found this site had it not been for these vultures, and of course plenty of time to kill....

 

mrxxxmas

[joneshousehold]

Good luck Mrxxxmas. I think a stick in a hornets nest can be very productive and might even be financially rewarding

[m55dlc]

Good luck Mrxxxmas. I think a stick in a hornets nest can be very productive and might even be financially rewarding

Not to mention thoroughly satisfying!

[joneshousehold]

Actually more satisfying than any of the others. I haven't had so much fun in years watching these large organisations tie themselves up in knots!