Is My Agreement Enforceable - Useful

[simonowens75]

ok thanx!!

[carolynelspeth]

Have only just found out about the possibility of credit agreements being unenforcable and have just cca'd Link Financial. But could someone please explain this to me?

Apparently MBNA the orginal creditor are said to be pretty useless at providing info and what I will probably receive is my application form but surely this is a credit agreement because I thought when they send you your card you have x amount of days to return it if you don't want a credit agreement.

Help please?

[Seahorse]

When you signed your application form, that is exactly what it was; a pre-contractual application for credit. It MIGHT be possible that this is also legally enforcable agreement, but only if it conforms to what the CCA expects it to consist of.

 

If it was missing any prescribed terms, such as interest rate, terms and conditions, or what have you, you could not reasonably have expected to have all the information that you would require to make an informed decision as to whether or not that card was suitable for you, or whether or not you could afford it.

 

The fact is, MBNA, like many other companies, chose not to require a separate agreement to be signed before issuing a card. And as you presumably knew nothing of the CCA at that point, you would have been blissfully ignorant of the consequences of using the nice, shiny new card that turned up in response to your application.

 

Now, there may be other reasons why they chose to work this way. My OWN PERSONAL opinion is, they knew full well that once that card arrived, you wouldn't even look twice at the small print that arrived with it, detailing some horrendous interest rate that you couldn't possibly afford, tied in to some rather unfair conditions. So of course, you activated it. MBNA and others KNOW that this is what happens, human nature being what it is. And they quite happily thought, So what if the customer gets into difficulties, we can just set the dogs loose and hound them for the money, plus interest. A moral way of working? Hmm.

 

Unfortunately for MBNA and their ilk, CAG and other forum appeared, and began to educate people like you. You now KNOW that the banks and lenders should have had a proper agreement in place. And too late, they are beginning to realise that their shortcut to billions is turning around to bite them. Hard. As a result, they try incessantly to bleat about the morality of paying back debts. And yes, they do have a point. But a debt that is founded on an immoral business model in the first place?

 

You decide.

[noomill060]

Morality has nothing to do with this situation.

 

All that matters is the law.

 

Credit card companies are well versed in the law and have legal advice on tap. The fact that they are prepared to lend money on the strength of an application form is nobody's business but theirs.

 

However, if they then bleat about "morality", I would argue that it is immoral to pander to those who lose their money by their own stupidity.

 

If you dont follow the rules of business, be prepared to lose out.

 

Rules of Business:

 

1) Cover your back

 

2) Cover your back

 

3) Cover your back

[Cash Card]

Hi everyone, this is my first posting and would like some help.. i've cca'd Fenton Cooper's Solicitor who have taken over the account from my Egg card and said that all future correspondence should be addressed. They have sent my cheque back saying that they have nothing further to add as it is subject to court proceedings, as the 12 days is now up and the 30 days ran out on the 13/12/07 then i will complain to their local trading standards.

However they have now changed solicitor on the 10/12/07 which i received on 15/12/07, so do i report the new solicitor or the old one???

[Seahorse]

CC, start a thread of your own. ou are likely to get this question lost in this huge thread.

 

Give an idea of what's happened from the start. Incuding when and why the debt has been passed to a firm of solicitors. And always remember that you have the right to communicate directly with the original lender if you wish. You appear to be a little confused as to what your next step should be, so you really do need your own thread so folks can help.

[Titch_76]

42 man please help ive lost my thread that ive posted in

[robcag]

42 man please help ive lost my thread that ive posted in

Try clicking on your username, then "Find all posts by..."

 

As you have made only a relatively small number of posts you should be able to easily find what you are looking for.

 

Rob

[ginger21]

 

Rules of Business:

 

1) Cover your back

 

2) Cover your back

 

3) Cover your back

 

 

 

great advice! this is what everyone should be doing!

 

 

[sapnaofmbna]

Dear Folks,

 

• I recived copy of a slip of ''acceptance form'', is this my agreement and enforceable in court!
  
• I also received copies of some statements with hand written account number over old expired account number, is this enforeable in court.
  
• I also received a copy of default notice, on a MBNA letterhead not addressed to me and careful examination indicated it was created by the DCA, and when compared with other authentic letters from an MBNA it was very obvious that was not authentic! from MBNA.
  
• MBNA/Arrow Gobal/BCW account no. do not match!

Can this DCA, BCW, now threatening to take me to court over a dispute with MBNA card debt, use above as evidence in court. The letters received form BCW have been varied in looks and type, each says different amounts, each say different threat, last was court action and one received prior to that dated on the same day was a personl visit.

Two letter indicate that the debt is now theirs, and the other two, "we are persuing with our clients Arrow Golbal LLC.''

Any idea as to how formulate one last letter to push them off!

[sapnaofmbna]

Golbal = Global, sorry typo error

[Edz11]

Start your own thread and scan and post what you've been sent so we can work if what you've been sent is OK.

[stapeley]

morning , Just got a third copy of application form today . Reading it , theres no mention of any agreement by the applicant to the OC selling on the account to a third party . On this point alone , I feel the OC have breeched any implied agreement . So If the DCA only have this application form , how could any court possiably enforce that ?

[Hopeful1]

H i All!

 

Could someone have a look at this link on Sandraroff's thread, please? She needs some advice regarding an Abbey application / agreement:

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/131944-abbey-credit-card-cca.html#post1387333

 

Thanks to any takers

[Chickenlicken99]

My OH has hidden his debt from me since we got married, but letters arrived and I found your site.

Rockwell sent letter in Nov 2007 claiming he owed over £5000 and to pay it immediately. I went through your site, contacted trading standards who told me to send recorded del letter asking for a copy of the signed credit agreement, giving them 28 days. Apart from an acknowledgement letter the following week heard nothing from them till this morning. The letter states that LLoyds have NO copy of the agreement, but have furnished copies of the credit card statements from 2005-6. They are asking for full payment by return.

I called trading standards to ascertain position, but the girl was unsure of the legalities, and has referred my number to the county trading standards who will contact me in the next couple of days!

Question is because Rockwell cant furnish signed agreement, and that they have finally responded more than 3 months after I requested signed copy of agreement can they do anything? and if so, what?

OH dosnt know Im on this site, Im dreading him coming home to this. We thought it was all over..please help/advise.

[Lapos]

Hi chicken,

 

I am by no means an expert but as far as i know and backed up by everything i have, without an agreement the debt is unenforceable, verbal contract not worth the paper it's written on and all that!

If they have actually acknowledged that they have no Credit Agreement you have a very strong case and they basically have no case at all, so don't lose that letter!! i would suggest starting a new thread as you will get a much better response from the guys on here. in the mean time refuse to speak to them on the phone, only liaise in writing best of luck!

 

Regards

 

Lapos

[Chickenlicken99]

Thank you Lapos,

I will try posting a new thread. I rang CAB but they can only give me an appointment in two weeks time they are so busy!

[rory32]

The letter states that LLoyds have NO copy of the agreement

No copy of the agreement = no enforceable debt. Without a copy of the agreement the account can not be enforced even in a court of law (s127 of the Act).

 

Have a read here to find out how to start a new thread and lots more http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[Chickenlicken99]

Thanks Rory32.

I thought that from my reading of the many posts on the site. I take it they are just trying to frighten us into paying. Can I just check that I can ignore this, or should I send them a reply back?

Also, the credit card was taken out when OH lived in Scotland, but we now live in England. Would this have any bearing?

 

(Im not very IT literate and this computer keeps losing the internet connection, but I did try posting a seperate thread, sorry)

[Dick Emery]

Sorry to hijack this thread but another query pops up. If you see here...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/138806-moorcroft-found-signed-credit.html#post1475530

 

You will see that the signatures do not appear to be on the same page as the agreement terms and conditions. Is this valid and enforceable or does the signature really have to be on the same page as the terms and conditions? Could it also be that this may be a case of faxing error (I.E. they faxed this to the debt collectors and so it appears as two different pages). I am unable to ascertain whether it is indeed two seperate pages or just got broken into two seperate pages via their fax.

[citizenB]

pqrs487, some of your postings are unreadable.

[BeauBrummie]

pqrs487, some of your postings are unreadable.

 

 

Some ????? all of them are, pqrs--- joined yesterday and has already 58 posts all unreadable. Suspect someone trying to intoduce a virus !!!

 

Maybe webbie needs to have a look.

 

BB

[citizenB]

pqrs487, some of your postings are unreadable.

 

Some ????? all of them are, pqrs--- joined yesterday and has already 58 posts all unreadable. Suspect someone trying to intoduce a virus !!!

 

Maybe webbie needs to have a look.

 

BB

 

 

Ah, I only saw the 3 that were on threads I had subscribed to. Should I do a virus sweep on my computer ? ignore that question, I will anyway

[xxorlsxx]

have my cca from cap1, it has no credit amount on it just a statement about the credit limit being determined by them from time to time, but because its a cc agreement BCand D from the above prescibed terms and conditions apply so they dont have to tell you the credit amount. correct?

Help?

[The GodMother]

can u post it up so we can look at it b4 we comment.