Is My Agreement Enforceable - Useful

[Missy06]

Hiya all,

 

can any of the experts on the thread please confirm if I'm correct on the following:

 

1) In issuing the CCA letter, the aim is to DELAY PAYING OFF AN ACCOUNT IN ONES OWN TIME;

 

2) Although one delays paying off the account, defaults maybe lawfully issued on ones credit file and DCAs may still chase one for the debt.

 

3) In issuing the CCA letter, an individual CAN'T AVOID PAYING OFF THE RELATED DEBT; no matter when, the debt has to be paid eventually.

 

4) If one has already received a refund of charges for an account, the account can still be said to be in dispute if the bank can't find the CCA.

 

5) If a default has already been registered on an account, one can pay back as and when wants to on the account; afterall, the damage has been done. Or alternatively, one can just make an arrangement to make token amounts of say £10 p/m. Afterall, one still has to clear the debt?!?

 

6) If a default hasn't been registered, isn't it best to maintain the fact that the account is in dispute and just arrange with the creditor to make token amounts of say £10 p/m?!? Just to save ruining one credit file.

 

7) If the creditor later turns up with a CCA, the individual will owe not only the previous balance, but also any accrued interest on the previous balance which they ask for.

 

Thx in advance!

[phatram]

Hiya all,

 

can any of the experts on the thread please confirm if I'm correct on the following:

 

1) In issuing the CCA letter, the aim is to DELAY PAYING OFF AN ACCOUNT IN ONES OWN TIME;

 

2) Although one delays paying off the account, defaults maybe lawfully issued on ones credit file and DCAs may still chase one for the debt.

 

3) In issuing the CCA letter, an individual CAN'T AVOID PAYING OFF THE RELATED DEBT; no matter when, the debt has to be paid eventually.

 

4) If one has already received a refund of charges for an account, the account can still be said to be in dispute if the bank can't find the CCA.

 

5) If a default has already been registered on an account, one can pay back as and when wants to on the account; afterall, the damage has been done. Or alternatively, one can just make an arrangement to make token amounts of say £10 p/m. Afterall, one still has to clear the debt?!?

 

6) If a default hasn't been registered, isn't it best to maintain the fact that the account is in dispute and just arrange with the creditor to make token amounts of say £10 p/m?!? Just to save ruining one credit file.

 

7) If the creditor later turns up with a CCA, the individual will owe not only the previous balance, but also any accrued interest on the previous balance which they ask for.

 

Thx in advance!

 

Our aim is to get revenge on the cheats who ripped us off in 1985.

NatWest Bank.

They have a lot to answer for , business development loan(con), business insurance(con) couldn't claim on it when things went wrong, etc etc

If only we could find the statements from our business account!

Whats your aim?

Good luck

P

And Mrs P said I musn't forget the early redemption charge that they lied to the guarantors about.

£30 a letter in 1985 to a chip shop taking £600 a week. The branch was 200 yards away and the manager never once came to visit.

They had security of £250,000 on a shop lease worth £30,000 and milked it dry.

 

 

P

Edited February 22, 2009 by phatram

[belleofstmark]

Hi,

 

Could someone take a quick look at my RBS Advanta / Mint agreement and advise if it is enforceable?

 

Scan210016edit on Flickr - Photo Sharing!

 

They also send separately T&Cs

[Jennet101]

Hi, I am new to this forum, so please bear with me.....

 

My mother and father signed a CCA some 8 years ago and their original borrowing was £4K, the APR was 24.1%, the monthly interest was 1.7 per month, but the killer was an approximate number of 120 monthly payments for a minimum of £81.24. They currently pay £84 per month on a Direct debit??

 

Now that adds up to ££9748 over 10 years.

 

The CCA was originally with First National who have sold this to GE Life.

 

I am sure loansharks would have offered them a more favourable APR !

 

Can anyone suggest how I can challenge this CCA?

 

Thanks

[foolishgirl]

Hi Jennet - welcome to CAG

 

Have you got a copy of this CCA that you could post up so that CAGers can see if it has all the prescribed terms & is therefore enforceable? Obscure all personal details before posting.

[heather79]

hi can someon have a look at this and tell me if its enforceable, this is what IQOR sent in the mail to me with a signed direct debit madate thats all no terms conditions etc

 

http://s284.photobucket.com/albums/ll22/heather1979_photo/?action=view&current=scanner139.jpg

Edited February 25, 2009 by heather79

[andyathers]

Hello all,

Amex have replied with this letter, regarding my CCA request.They also sent a copy of the above data sheet.And a load of terms and conditions stuff.Still nothing with any prescribed terms.

 

What letter do I send to them now

 

 

 

[foolishgirl]

Andy, you've left your personal details in. Suggest you edit asap.

 

On the content of the letter, the usual load of rubbish form Amex.

 

Nice of them to quote the requirements of an enforceable agreement, pity they didn't get it right:

 

'...if (a) it were not signed by you or (b) it did not contain the prescribed terms...' That important little word 'or' should be 'and'.

 

Did they send a CCA with prescribed terms on it or just an application form?

 

Also current T&Cs are just not acceptable in court. That would be like them claiming that because they are selling oranges today, you did not buy apples from them yesterday but whoops, we have no proof 'cos we've got rid of the apples we sold you yesterday. Oh, what a pity.

[heather79]

hi could someone have a look at my agreement one post up, ive been trying to get an answer since last week and no on seems to be helping

[foolishgirl]

Heather, I think you have everything on there that should be apart from date, rights to cancel & signatures etc. which I assume are somewhere on the docs you have (& 'within the 4 corners')

 

I make the calculation very slightly out but still within the permitted % 'error' & it would appear to be in your favour.

 

BTW your postcode is still showing on the image, you may want to edit it out.

[heather79]

sorry i might be a bit thick but what do you mean in my favour, the only signature was on a signed direct debit mandate that IQOR sent me not on the attached document

[foolishgirl]

sorry i might be a bit thick but what do you mean in my favour,

 

The total sum owed when calculated with the interest rate given is slightly less than I make it - in your favour

the only signature was on a signed direct debit mandate that IQOR sent me not on the attached document

 

Do you mean you have no attached doc. with a 'right to cancel' or signature box on it? If so that would not be correct

 

Suggest you read this thread for more info on the prescribed terms etc. that must be in a credit agreement:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

[heather79]

thanks for your help, the only 2 pages iqor sent me was the credit agreement as previously attached and a signed direct debit mandate, no terms etc. does this mean that the debt cant be enforced on me and taken to court where do i go from here i think there lawyers arent going to be letting this one go so i wnt to ne prepared to fight fire with fire

 

just had a wee look at my original credit agreement (not the one they sent me) and there is no right to cancel on it any where within the terms and conditions

Edited February 25, 2009 by heather79

[Livis]

 

This is what ikea sent me for a store card i have with them.

I think this is all i ever signed, so am i right in saying this is pretty much unenforcable ?

[foolishgirl]

 

This is what ikea sent me for a store card i have with them.

I think this is all i ever signed, so am i right in saying this is pretty much unenforcable ?

 

If you are sure this is all you ever signed, it's rubbish as an agreement - it's an application, it even says so in nice big letters! Totally unenforceable.

[heather79]

thanks for your help, the only 2 pages iqor sent me was the credit agreement as previously attached and a signed direct debit mandate, no terms etc. does this mean that the debt cant be enforced on me and taken to court where do i go from here i think there lawyers arent going to be letting this one go so i wnt to ne prepared to fight fire with fire

 

just had a wee look at my original credit agreement (not the one they sent me) and there is no right to cancel on it any where within the terms and conditions

 

Hi sorry for being a pain but can someone help with this, ive read the link and i dont understand it, is the agreement forecable or unforecebale

[the_shadow]

Could I please have opinions on this agreement with Virgin/MBNA, my own thoughts are:-

 

a) Its illegible in places/figures

b) Its from M/fiche... do they have original?

c) t&c refer to section 4 which doesnt appear to be on it

d) They appear to have cut through the title of the agreement

 

Back was blank except for a pair of barcodes and details of my credit limit.

 

 

 

 

Many thanks

[The GodMother]

it is unreadable

they cant reffer to non existant parts

 

i think unenforcable as unreadable #

[williamzz]

PMW

 

Your alleged agreement is very similar to mine.

 

Notice in clause 3b it says "details of other service charges are set out in section 4"

 

and, like on mine, there is no section 4!

 

see here:

 

http://www.consumeractiongroup.co.uk/forum/mbna/186824-mbna-cca-enforceable-authentic.html#post2009848

[the_shadow]

PMW

 

Your alleged agreement is very similar to mine.

 

Notice in clause 3b it says "details of other service charges are set out in section 4"

 

and, like on mine, there is no section 4!

 

see here:

 

http://www.consumeractiongroup.co.uk/forum/mbna/186824-mbna-cca-enforceable-authentic.html#post2009848

 

Yep yours looks microfiched also.. .not sure if this means the agreements have been stockpiled in some data mountain just in case or whether they've really been stupid enough to shred them

[Muffintop]

mY MBNA is I believe a microfiche but it has section 4 t & c's

http://i369.photobucket.com/albums/oo137/skeggs885/mbna/mbnasign2.jpg

http://i369.photobucket.com/albums/oo137/skeggs885/mbna/mbnasign1.jpg

 

I still dont believe its original though

[the_shadow]

mY MBNA is I believe a microfiche but it has section 4 t & c's

http://i369.photobucket.com/albums/oo137/skeggs885/mbna/mbnasign2.jpg

http://i369.photobucket.com/albums/oo137/skeggs885/mbna/mbnasign1.jpg

 

I still dont believe its original though

 

 

I suppose the burning question is... has anybody been taken to court with a microfiched copy and lost?

 

Does anyone know?

[toxicdebt]

As far as I am aware they must produce the ACTUAL agreement in court. Hence their reluctance to go.

[omoeko]

Hi All,

 

I have requested a copy of my credit card CCA from HSBC and I am not sure of what they have sent me, but it looks like a bunch of terms and conditions together with a simple application form that i filled ages ago.

 

please see http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/187137-hsbc-credit-card-cca.html#post2013701

 

A full list of all the documents can be found on

 

Edited April 11, 2009 by omoeko

[suzannef]

can anyone help My debt companies are telling me they are now sellin g my debt again even though I still havent received any agreement form from them. Can they do this and will I have to start sending the letters to the new companies.