Is My Agreement Enforceable - Useful

[FANTASY CHARGES]

you said mbna printed the t & c on the back why are the t & c slanted ???

[SB100]

Its your view that its a totally contrived load of rubbish by the sounds of it?

Thanks for your help.

[The GodMother]

well it does look suspicious if they are refering to missing conditions.

 

also as they are wonky that is enough evidence to prove the person who copied them was slightly drunk.

[SB100]

hic :)

[Chalkitup]

Hello All,

 

SB100 v MBNA Thread covers this agreement ... with many views ... here...

 

http://www.consumeractiongroup.co.uk/forum/mbna/163050-sb100-mbna.html

 

The following is from Post 42 of that thread....

 

As in some of their other "agreements" MBNA sort of cover themselves for the missing conditions by their statement just before paragraph 1 which says .....

"Set out in paragraph 1-12 below are conditions 8 and 9 of the MBNA Credit Card Terms and Conditions of use. The other conditions referred to in those paragraphs and the applicable definitions can be found in those Terms and Conditions".

 

This is a very good quality copy!!! One of the best I have seen. Can not find a link on page one to the prescribed terms which I presume MBNA are trying to imply are printed on the reverse.

 

You need to establish a link to the prescribed terms .... My gut feeling is that the prescribed terms will not have been on the reverse of the original!!

 

 

Onwards and Upwards

 

Chalkitup

[foolishgirl]

Hey foolishgirl, sent of my CCA requests this arvo. Can I just check the 12+2 days, is that "working days"? MR08

 

Yes, it's 12+2 working days

[The GodMother]

working days are monday to friday

Not encluding any bank holidays or days the goverment make as bank holidays as in good friday

[FANTASY CHARGES]

Hello All,

 

SB100 v MBNA Thread covers this agreement ... with many views ... here...

 

http://www.consumeractiongroup.co.uk/forum/mbna/163050-sb100-mbna.html

 

The following is from Post 42 of that thread....

 

As in some of their other "agreements" MBNA sort of cover themselves for the missing conditions by their statement just before paragraph 1 which says .....

"Set out in paragraph 1-12 below are conditions 8 and 9 of the MBNA Credit Card Terms and Conditions of use. The other conditions referred to in those paragraphs and the applicable definitions can be found in those Terms and Conditions". YES I SAW THIS AFTER AFTER OUR POST

SEE OUR PM

 

This is a very good quality copy!!! One of the best I have seen. Can not find a link on page one to the prescribed terms which I presume MBNA are trying to imply are printed on the reverse.

 

You need to establish a link to the prescribed terms .... My gut feeling is that the prescribed terms will not have been on the reverse of the original!!

 

 

Onwards and Upwards

 

Chalkitup

 

 

[Canaan]

I have attached a document that was sent to me by the solicitors for the dca who are taking me to court in January, my thread is here http://www.consumeractiongroup.co.uk/forum/legal-issues/159341-court-papers-received-what-4.html

 

From what I have read the "agreement" is not enforceable.

1) The title does not say credit card

2) It is virtually unreadable in most places and completey unreadable elsewhere.

3) The first page is smaller than A4 the page they sent with it which contain the t & c 's is A4 sized which means these two pieces of paper are not related to each other.

 

Is there anything else that makes this unenforceable? I have been bumping my thread for a few days but not really getting the help/advice I need to prepare for this case (I know the legal list is busy and lots of other people need help) but I am in a panic now!!

Thanks in advance

Canaan

applicationform-cca.pdf

[bad_manager]

could anyone tell me what are the implications of hiring these compnies which claim to audit the credit agreement with a fee ranging from 120 pounds to 500 pounds. Apart from loosing the fee what are the other implications of the aftermath of the audit and their legal doings on your behalf.

 

Besides, if one does find the clauses in his CCA missing and thinks that his agreement is unenforcebale, what are the next legal steps towards making it unenforceable.

Edited December 16, 2008 by bad_manager
spelngs

[foolishgirl]

Welcome to CAG. You're obviously here 'cos you're suspicious as to the motives of these companies - and you're quite right.

 

Firstly & most importantly, why would you want to pay someone £500 to check your agreement when you get the necessary advice & support on here for free & from people who have been through the process & are willing to help 'cos they don't want to see others suffer?

 

Secondly, when they obtain your agreement (which BTW would cost them the same as you, just £1.00), they find that it is enforceable. Oh, joy, you've lost £499, they've made a quick buck.

 

If they do find your agreement unenforceable, what action will then they then take without any further payments? Look into it carefully, you could have signed an open cheque.

 

There are reasonable easy steps to take in the case of an unenforceable agreement but you would be best off posting your individual problems etc. in the forum relating to your creditor as & when they appear. That way you will get advice specific to your case. It's not a one size fits all solution.

[Von Greenbach]

I'm hoping someone can confirm if this is a correct CCA

 

[foolishgirl]

1. Could you photobucket it VG please - can't read it even with my great big readers on!

 

2. What was the date of the application?

[Von Greenbach]

Hi FG

 

I used photobucket to upload it, not sure how to make it bigger, I'll have another go.

 

The application is date March 2006

[Von Greenbach]

I can hardly read the agreement due to the print being to small, to me that makes it unenforcable, anyone have an opinion, if it is unenforcable is there a particular letter I can use referring to the text when I dispute the CCA?

 

Bumping for anyones help

Edited December 18, 2008 by Von Greenbach

[LCM]

Sorry, don't seem to be able to attach this on my thread but could anyone check to see what they think of these two CCAs:

capone.pdf

egg.pdf

[Von Greenbach]

I can hardly read the agreement due to the print being to small, to me that makes it unenforcable, anyone have an opinion, if it is unenforcable is there a particular letter I can use referring to the text when I dispute the CCA?

Bumping for anyones help

[foolishgirl]

VG, sorry, really can't read it. If you can't either, yes there is an illegibility issue:

Reg 2 states:

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the ."

IMO this includes font size. I think there is a 'standard' for food packaging, not aware of one for agreements but you could argue that it should be the same or similar.

 

Suggest you ask OC to send it again in legibile format.

[phatram]

I have received HFC's final response. They state that under the CCA they have fulfilled their obligations by sending me a copy of the signed credit agreement on 20/5/2008 and again on 10/6/2008, and enclosed yet another one today. They state that, "although the copy of the signed agreement you have been provided with states Application, you will note that in the signature box that it states this is a credit agreement regulated by the CCA 1974, and by signing this you want to be legally bound by its terms".

They also state that under the CCA they are obliged to issue the following:- copy of the original credit agreement, if the agreement has been varied, a copy of the latest T&Cs. They also confirm that where the agreement has been varied, I would have been issued with the latest T&Cs.

They state that in summary, they have not acted inappropriately in this matter , etc etc, and that if I am still disatisfied I may complain to the Financial Ombudsman. The copy they have sent me clearly states on the top, left side that this is a priority application for the Marbles card, complete with application number. It is signed both by myself and someone on behalf of HFC Bank - neither signature is dated. There are still parts which are illegible.

Any thoughts anyone?

I am going to write to them, should I put "I acknowledge no debt to your company"?

Cheers

P

[Von Greenbach]

Suggest you ask OC to send it again in legibile format.

I'll send it back to where it came from: CL Finance

[Von Greenbach]

They also state that under the CCA they are obliged to issue the following:- copy of the original credit agreement, if the agreement has been varied, a copy of the latest T&Cs. They also confirm that where the agreement has been varied, I would have been issued with the latest T&Cs

So nice of them to quote which part of the act suites them, write back and remind them the act states there only need to be four pieces of information, called prescribed terms.

 

1. Number of repayments;

 

2. Amount of repayments;

 

3. Frequency and timing of repayments;

 

4. Dates of repayments;

 

Where are they within the documents they claim is your CCA?

[Fangio of the nineties]

Can anyone help with these ?

 

 

just received in response to cca request ...

 

FOTN

[foolishgirl]

What help would you like fangio?

 

Docs 1, 2 & 3 seem to relate to an MBNA CC, although Doc 1 & 3 particularly don't seem to have any tie-in with Doc 3. The copy is not good so can't really see the details but in any case, to be enforceable MBNA would have to show a tangible relaionship i.e that they were within the four corners of the agreement.

 

Doc 4 seems to be an A&L application form, nothing more or less.

[Fangio of the nineties]

Sorry for clarity Doc 1&2 front and rear of a MBNA application form - or cca as they contend... doc 3&4 front and rear of same from All & Leicester...

 

The point seems to hinge on the contents of Doc 3 it seems to me...and to whether these constitute the prescribed terms, It's pretty much the same stuff as in doc 1 and similar to many cca's i've seen on the site... this is where it deals with

 

interest

credit limit

and charges..

the balance of the t&c's (para's 4-19) are refferred to as in a sepasrate document.. but it seems to me that this is their attempt at including the prescribed terms within the application form..

 

any thoughts ?

 

FOTN

Edited December 31, 2008 by Fangio of the nineties
clarity

[sammy960]

I applied to 1st credit With a CCA request for Lloyds loan. Had previously made arrangements and was making regular minimal payments.They even told hubby that they had bought the debt. However after sending CCA they wrote back saying they would apply to lloyds for the info then hoped we would make arrangements to repay this in full. That was over 45 days ago. Have heard nothing. Does this mean the end of the matter???

 

Hi I am having real problems with 1sr Credt they are really nasty and demanding payment in full they have given me 1 month to pay or are going to take me to court and go for a charging order on my property. Did you get you cca from them or are you still waiting. could you tell me how it has ended.