Is My Agreement Enforceable - Useful

[UnitedFront]

Hey everyone! I am trying to help out my sister who has mental health problems and so can't deal with debt matter etc very well at all.

 

Robinson Way & co have been persuing her for a BHS card of some kind that she has no memory of ever having had. We CCA'd them back at the begining of Feb and they have just sent a copy of a credit agreement.

 

My sister has no memory of this card and the agreement they sent appears, to me, to have to totally different signatures on it (both for the cardhodler). I definately smell something fishy with it but don't really know enough to be sure.

 

Please could anyone with some knowledge of credit agreements and whether they are enforceable or not possible look at my thread please?

It is:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/130314-robinson-way-help-please.html

 

I thank you all for all the great work you do here helping people and hopefully at some point I may also be able to help someone that is stuck!

[casbah]

could someone check this out for me?

unenforcable liquid damages???? on my threads?

 

I am worried sick and could lose my home

[Hopeful1]

Here's the link for the thread above:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/152256-unenforcable-liquid-damages.html

[casbah]

Thanks Hopeful

 

casbah

[Guest malissa7999]

can someone tell me that basically, anyone/everyone who has a credit card/agrrement, if they request the original cca, and for some strange bizzarre reason the creditors cannot produce this, or they do produce it but it has prescribed terms missing from it that the debt owing to the credito can basicaly be squashed????..if this is correct then millions could be debt free, and isnt it worth requesting an original signed copy of the cca with every credit agreement compant you have, just to see if it is unenforceable?

do i get it correctly?that if a credit agreement is unenforcable this = no more repayments??:-|

[stapeley]

They can supply a true signed COPY . The CC ACT was changed in 2005 and 2007 , to close the loop hole which allows a CCA to be judged unenforceable .So if yours is a later one it will more than likely be enforceable . You really need to read other posts to see what the loop holes are .

[RedVixen]

Hi I will be posting this on my MBNA thread as well

 

The scans are as it is with the thick black lines - it was returned within days of the request being made but covers barely 1/3 of both sides of an A4 piece of paper - i can't read half of the one I have my hands the text is too small. It also came with no fanfare just a compliments slip and MBNA just after this offered to 'maybe' let me have a full and final for am ammount that is just over a third of the balance on my statement. SO I suspect they don't have the original - It was taken out in 2004. Interestingly I can't see anything about PPI which was applied at first but has been cancelled, I was a student at the time so as mis sold that. If this isn't enforceable the 12 + 2 + 30 will pass next week sometime I think - it was signed for on the 16th June a SAR was also included and they haven't responded to that yet

 

 

 

 

 

Second half with bits chopped off

 

[RedVixen]

Oops sorry to breaking the page

[tinkerbell20]

The numbering at bottom seems to be different from page 1 to 2

 

Question is are the 2 pages linked or is it a cut and paste job from MBNA:rolleyes:

[RedVixen]

They are but unusually from what i can gather, the penalties mentioned for late payment etc look like they may be the ones in force when I got it. i won't know that for sure until i get my SAR back it might have been £20

 

Could it be, maybe, possibly, perhaps that not only do they not keep the originals when they should, that they also only scan the front page with the signature and then a version of the rest that was in force when you took it out

 

Interestingly the last penalty one says any OTHER loses they accrue as part of a breach - which I will be using vigorously in my charges claim

[tinkerbell20]

When was it taken out?

[RedVixen]

2004

[citizenB]

I think you will find those penalty charges were those applicable in 2004. I cant see anything linking the 2 pages though.

 

In the first image with your signature, you will see it says .. "Before you sign this Agreement and return it to us you must read ???? in the Terms and conditions provided" .

 

I would have thought if they were in the same document (which they should be) it would have said overleaf.

 

From what I can see.. all you have actually signed is for them to process your information.

 

That's my understanding anyway.

 

BTW, Red Vixen, I dont know whether that "credit reference number" left hand side at the bottom on image 1 could identify you, but you might want to delete it just in case:)

[RedVixen]

Thanks for the responses - there is mention of credit limit and interest rates.

 

I was surprised about the penalty fees as I believe alot of people are getting these back with the £12 fee listed as the terms and conditions even when a card is very old seems they weren't quite that stupid this time.

 

I have no intention of not paying what I spent back - WHEN I AM IN A POSITION TO TO SO, which is not at the moment - I just want some breathing space and ammunition against the threats of court action which I am sure will follow. The SAR info I am going to use to work out what I spent and what it should have cost me if the interest rate had remained at 13.9 instead of the 34% it went up to just before they froze it, take into account the charges then give them a figure I am prepared to accept based on that (which will be far less than their lowest offer) and see what they do. If this is enforceable I will have the ammo to try this. They will still get their money at the interest rate we both agreed on at the time teh card was taken you

 

Or course any DCA this gets passed onto will get the I do not acknowledge letters

[Chalkitup]

Hello RedVixen,

 

Have a look here http://www.consumeractiongroup.co.uk/forum/general-debt-issues/148387-help48xxx-mbna-2.html

 

Post 94 on ....... Post 106 also ........ You have the small scissors on yours ..... i.e. cut here ..... so what was written above that you signed for??

 

 

 

Onwards and Upwards

 

Chalkitup

[RedVixen]

Ah yes - I did spot that but it didn't click

 

Part of what is on the other side is missing - looks like it didn't make the crop when they scanned it

 

Ah well as I said there was no formal fanfare type letter sent with it just a compliment slip with a handwritten signature so I will send a you haven't complied letter off next week and see what comes back

[popeye1]

Can a cpoy of a ,current agreement which applied to that type of account, ,be acceptable when sent as a reply to a CCA request

[The GodMother]

in 2004 my fees were £12 from C1

[Guest malissa7999]

hi please can you tell me how to scan my agreement on this thread so as to recieve advice wheter or not is an enforcable agreement,..from hsbc signed on the 14-01-2004..

they terminatated my credit card account with out default, now threatening to give me default as i have sinced stopped paying.... thanks

[foolishgirl]

You need to use an image hosting site eg. photobucket

http://photobucket.com/.

You will need to open an account but it's free.

 

You then scan your image (CCA) onto your computer, upload on to the site & post the link in your post here. Don't forget to remove any personal details from your agreement before posting.

[Hopeful1]

Malissa i would suggest you edit out the name / signatures!

[ukaviator]

Mallissa, i have unapproved your posts as they have your signature and date on the forms. This is to protect your identity from the banks, they do watch this site regularly.

 

Is that all they have sent? . . . if so then that isn't an agreement, the prescibed terms are not there.

[Guest malissa7999]

Mallissa, i have unapproved your posts as they have your signature and date on the forms. This is to protect your identity from the banks, they do watch this site regularly.

 

Is that all they have sent? . . . if so then that isn't an agreement, the prescibed terms are not there.

 

 

hello,

thanks for your help,...what does it mean when you have 'unapproved ' my post?.. do i still need to do anything to remove my signature, or because it has been 'unapproved' by you does this automatically stop other people viewing this info?

if this isnt my agreement why did they send this to me? yes that is all they sent, with a covering letter saying here is your requested agreement, and my £1 cheque returned... i asked clearly using the template off here that i wanted my cca?...what shall i write next to my bank,..please help, does this mean they have now defaulted? i am completely useless without the guidance off here...thanks so much!!

Edited August 15, 2008 by malissa7999

[foolishgirl]

Your post will be removed malissa 'cos it has your name & signature on the docs. you posted. It's for your protection.

 

Remove these images from photobucket. Then take a copy of your 'agreement', blank out the personal details using either Photoshop or just plain tippex, scan the images again, upload to photobucket, then post here.

 

The DCAs monitor this site - don't give your enemies gifts!

[foolishgirl]

BTW, as ukaviator says, if this all they sent it's completely unenforceable.

 

How long is it since you sent for the CCA? More than 12+2 days? More than 30 days?

 

IMO it's probable that they won't have an agreement anyway but you need to wait the statutory time to give them the chance to produce one before considering your options.