Is My Agreement Enforceable - Useful

[foolishgirl]

Weird indeed.

 

Can you copy & paste the link again please maisie - it's not working

[popeye1]

Maisie ,could this be a loan that is near the end of its term

[London000]

Hi London

 

Welcome to CAG

 

When you say you agreed to pay £38.00 per month was it just a tel. call? i.e. if you haven't any documentation, could it just be an informal arrangement made under threats & harassment by DCA?

 

If so, it shouldn't be binding, it would be the original agreement that would be the one you need to refer to & you should apply for a request for it under S78 of the CCA1974. Do not sign your letter, use digital signature or print, send £1.00 PO & mail Rec. Del. Do you need a template for the letter?

 

Hi Foolishgirl,

 

I remember talking over the phone. Anyway I have sent a request for the CCA..but the original one and I am waiting to see what they are sending. I believe that if I have signed anything else they will try to send it instead of the original???...

I am asking...would that affect in anyway the original in any way???

Thank you so much for your help and God Bless!!!

[foolishgirl]

Hi Foolishgirl,

 

I remember talking over the phone. Anyway I have sent a request for the CCA..but the original one and I am waiting to see what they are sending. I believe that if I have signed anything else they will try to send it instead of the original???...

I am asking...would that affect in anyway the original in any way???

Thank you so much for your help and God Bless!!!

 

They do not have to send a copy of the original under S78 - it has to be a 'true' copy that can exclude certain items but I suggest when you get whatever they send you, you start a new thread of your own & post it up (minus personal details) for CAGers to give advice. This thread is so large your queries could get lost here

In the meantime, you may also wish to send for a SAR too. (cost £10.00)

[A+]

Could someone please try to drop a quick reply to my post, post number 408

Thanks a squillion

[London000]

They do not have to send a copy of the original under S78 - it has to be a 'true' copy that can exclude certain items but I suggest when you get whatever they send you, you start a new thread of your own & post it up (minus personal details) for CAGers to give advice. This thread is so large your queries could get lost here

In the meantime, you may also wish to send for a SAR too. (cost £10.00)

 

 

Hi Foolishgirl,

 

THANK YOU VERY MUCH FOR THE ADVICE!

It will take me some time to get to know how I should start new thread in this forum,but I think I will be OK..i hope...

All the best,

DD(London)

 

[foolishgirl]

It will take me some time to get to know how I should start new thread in this forum,but I think I will be OK..i hope...

 

 

Choose the forum you want to post in from the home page of CAG (Barclaycard for BC etc), click 'new thread' at top LH side of posts - you're done!

 

This may help:

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[InGodITrust]

Hi everyone

 

Im looking for some advice on my court claim. I have to have my defence in by the 9th. I have a dodgy DN which I will be stating in my defence. Peter Bard had a look at my credit agreement and drew attention to its breach of the act due to misstating the payments.

 

Would really appreciate the help

 

This is the agreement

 

http://img19.imageshack.us/img19/7063/xagreementpg1.jpg

 

http://img6.imageshack.us/img6/6095/dagreementpg2.jpg

 

http://img5.imageshack.us/img5/2573/dagreementpg3.jpg

 

..and here is the link to my thread

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/189249-notice-return-goods-court.html

 

Thank you in advance to anyone and everyone

[Thatch007]

Hi I'm struggling to get any real answer to my question.

I know my agreements are unenforceable. I need to know now how to get a court to declare that fact rather than simply not pay.

If anybody has taken a such a case through can they look at this thread and reply on the thread please not here.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/193565-no-valid-agreements-after.html

[citizenB]

Could someone please pop along to the following thread and give the agreement the once over. Many thanks.

 

http://www.consumeractiongroup.co.uk/forum/alliance-leicester/190942-alliance-leicester-loan-agreement.html#post2093845

[Ant84]

Just after a few more opinions on whether people think this is enforceable.

 

[what_todo]

if someone can look at my treads i would be greatful. it has had 33 replys but it dose not hurt if more people can read/reply as well.

 

thank you

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/184723-cca-request-lowell-financial.html

[Livis]

Please can someone have a look at the application form i've recieved in with my SAR request.

Does anyone have any experiance of these MBNA applications being enforcable?

I have had this up in the MBNA forum, but was given advice to post it up here aswell?

Thankyou

http://www.consumeractiongroup.co.uk/forum/mbna/187408-enforcable-please.html

[itstheone]

Could someone tell me if this is enforcable please?

 

Going by the tear in the sheet it looks as if it's the reverse of the application form but i'm not too sure about the 'Financial and related conditions' at the side. There is a crease that goes across the sheet from the tear, but nothing where the conditions are. They also never sent him the T&C for when this was taken out. If MBNA have produced an enforcable copy from 1999 my mate has to be one of the unluckiest people around.

 

Sorry it's not very clear, i can make it bigger if needs be.

 

 

[maisierider2008]

Weird indeed.

 

Can you copy & paste the link again please maisie - it's not working

Thanks Foolishgirl

 

Here is the link again:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/188735-agreement-enforceable.html#post2032385

 

Maisie

[cds]

Could someone tell me if this is enforcable please?

 

Going by the tear in the sheet it looks as if it's the reverse of the application form but i'm not too sure about the 'Financial and related conditions' at the side. There is a crease that goes across the sheet from the tear, but nothing where the conditions are. They also never sent him the T&C for when this was taken out. If MBNA have produced an enforcable copy from 1999 my mate has to be one of the unluckiest people around.

 

Sorry it's not very clear, i can make it bigger if needs be.

 

 

 

 

 

can't see the tc's can you make it bigger

 

cds

[robcag]

Could someone tell me if this is enforcable please?

 

Going by the tear in the sheet it looks as if it's the reverse of the application form but i'm not too sure about the 'Financial and related conditions' at the side. There is a crease that goes across the sheet from the tear, but nothing where the conditions are. They also never sent him the T&C for when this was taken out. If MBNA have produced an enforcable copy from 1999 my mate has to be one of the unluckiest people around.

 

Sorry it's not very clear, i can make it bigger if needs be.

 

 

 

Hi itstheone

 

There have been quite a lot of these type of MBNA agreements posted on here, and there is a concensus amongst several people that they may well be copy & paste jobs, i.e. with regard to the thin strip down the side containing the T&Cs.

 

I have a feeling that all the ones I have seen previously have had the T&Cs strip down the left-hand side of the page, however that would be a little difficult to achieve if they were being copy & pasted in your case due to the obvious tear in the page!

 

I could well be wrong about the strip being on the left-hand side of the page in all other cases so it might be worth PM'ing Chalkitup (link ~ http://www.consumeractiongroup.co.uk/forum/member.php?u=159779) as he is a bit of a resident expert on MBNA agreements and asking his opinion on that.

 

Wouldn't it have been nice if they had pasted the T&Cs over the tear!

 

Cheers

Rob

[itstheone]

@cds

The T&C on the right have all the prescribed terms in there but it's such a small font it's even difficult to read the one they sent me.

They never sent the T&C that applied when the card was taken out, The strip on the right contains references to specific clauses which aren't on the current ones they supplied.

 

This all looks really suss to me, i mean 1999? conforming to the consumer credit act? pull the other one surely.

 

@robcag

i'll see if i can get chalkitup to have a llok, i noticed he was studying these closely on another thread.

[Chalkitup]

Hello Itstheone,

 

Interesting ...... your column of T&C's matches 99% another application form I have in my database ... even down to the APR box being slightly wider than it should be!! That application is dated Feb 2000.

 

If the T&C's column shows on an application it is usually on the left hand side if on the front ....... and if on the rear it is usually on the right hand side ..... NOW strangely enough many of the ORIGINAL old MBNA application forms had an advertising column on the rear ... down the right hand side .... saying "That you can talk to someone anytime of the day or night" and "That everyone who is approved for our card is considered on an individual basis" etc etc ........ weird that many of these MBNA forms are now appearing on CAG with T&C's column in the exact place the advertising column is on my Original forms.

 

To date I have my own old application forms for MBNA cards from the 90's ... plus seen a few others (that have not been sent from MBNA in the last couple of years in response to a CCA request) and none of those have T&C's column on either front or rear.

 

But I still would like to hear from anyone who has their old MBNA application form or copy of it ...... from the 90's to 2005.

 

Onwards and Upwards

 

Chalkitup

[itstheone]

Thanks for having a look chalkitup, i was pretty certain myself it was a cut n paste job. I suppose the only way to be sure is to view the original, which they would need if it went to court right?

 

Has anyone actually said to them 'you've pasted the terms on there'?

 

Incidentally what did the original apps have on the front left if not the terms?

 

The front has a date stamp NS990621

The rear says LA-7-99-2856-N

 

Which makes me think the rear is july 99 when it was signed in june 99

 

Do you know how they do their date codes?

Edited April 14, 2009 by itstheone

[foolishgirl]

 

The front has a date stamp NS990621

The rear says LA-7-99-2856-N

 

Which makes me think the rear is july 99 when it was signed in june 99

 

Do you know how they do their date codes?

 

Could this be the date backwards - 21 June 1999?

[what_todo]

Could someone tell me if this is enforcable please.

 

c card pictures by what_todo - Photobucket

 

there is 4 defaults on this card(!) but, never got a default letter. the account is now with lowells

[itstheone]

Could this be the date backwards - 21 June 1999?

 

Good guess, i dunno seeing as it was signed on the 18th June.

[foolishgirl]

Good guess, i dunno seeing as it was signed on the 18th June.

 

So processed on the 21st?

[itstheone]

I assumed that was printed on there already, also they stamped and signed it on the 2nd July.

 

Really confused, gut reaction says the T&C on page 2 have been pasted on, so won't find out till/if it goes to court