Advice pleeease

[Robdblynd]

My OH had a credit card with CapOne and had trouble making payments when he was off sick. Upshot was they stopped the card and we've been attempting to sort it out since with spectacular non-success.

 

In desperation we CCA and SAR'd them. They sent screen dumps just within 40 days deadline for SAR but were well out with the CCA. We gave them final 7 days to comply or were gonna report.

 

Today he gets a letter saying basically here's your Terms and Conditions, please look after it.

 

When I've read the thing it's the most recent one showing £12 as the charge figure.

 

As his original card was taken out & cancelled when the £20 charges were in effect surely these T&C don't apply, and do they consitute an agreement under the CCA?

 

Would this document be sufficient for them to say that they've complied with the CCA requests?

 

Thanks in advance, I'm sure you must be sick of people asking daft questions but I can't get my head round this one.

[dx100uk]

well i think you are trying to create a smoke screen here and it won't help really

you appear to obviously have the debt with them and even if 'this' version is not the correct one as such

they can still use the true one to go to court with later if you do not pay.

 

write to them ,collections dept and make a monthly offer and stick to it.

even if they do not accept the offer [for whatever reason]

keep sending the paymnet you can afford, on time every month.

then at least that will give you time to get your finances sorted out.

 

IF they ever do take you to court then it will be laughed out by the judge.

 

if you really do think there is a dispute with your OH owning the debt then let us know the details and we will help.

 

the only thing that might help is how old the debt is nearing statue barring?

 

 

dx100uk

[rory32]

Robdblynd,

As they are in default (12 working days after request received) your OH does not have to pay them anything until they produce the copy of the agreement. T&C's are certainly not nearly sufficient. I have posted below their obligations under The Consumer Credit Act 1974 sections 60 & 61(1).

 

60 (1) The Secretary of State shall make regulations as to the form and content of documents embodying regulated agreements, and the regulations shall contain such provisions as appear to him appropriate with a view to ensuring that the debtor or hirer is made aware of -

 

(a) the rights and duties conferred or imposed on him by the agreement,

(b) the amount and rate of the total charge for credit (in the case of a consumer credit agreement),

© the protection and remedies available to him under the Act, and

(d) any other matters which, in the opinion of the Secretary of State, it is desirable to know about in connection with the agreement.

 

(2) Regulations under subsection (1) may in particular -

(a) require specific information to be included in the prescribed manner in documents, and other specified material to be excluded;

(b) contain requirement to ensure that specified information is clearly brought to the attention of the debtor or hirer, and that one part of a document is not given insufficient or excessive prominence compared with another.

 

(3) I have left this out as it's not relevant.

 

(4) Again not relevant.

 

61-(1) A regulated agreement is not properly executed unless

 

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b)the document embodies all the terms of the agreement, other than implied terms, and

©the document is, when presented or sent to the debtor or hirer for signature, in such a state that all terms are readily legible.