Is My Agreement Enforceable - Useful

[Chalkitup]

anyone? I have tried to get advice about this for a week now but nobody seems able to help

 

Hello,

 

Might be worth having a read of Egg Credit Agreements-what do i think is wrong with them - The Consumer Forums

 

Onwards and Upwards

 

Chalkitup

[N.P]

hi nickkarkie,

 

To be honest I can`t really see anything wrong with this CCA, except for the lack of `Cancellation Rights`. But, there is a paragraph stating you have a right to settle the agreement at any time by paying all monies owed. I`m not sure if this means the same thing, because the Cancellation Rights give you a short cooling off period to cancel the agreement incase you chose the wrong product or something to that effect.

 

Once could argue the right to settle is for use once the agreement is under way, therefore you could say you still have no Cancellation Rights.

 

That`s what I would argue anyway.

 

As chalky says, have a look on the Egg Agreements thread, and maybe post up your CCA there, or at least a link to this thread.

 

Hope this helps.

 

Don`t give up hope though.

 

Regards

 

 

 

N.P

[WelshMam2009]

Hi, can anyone tell me if my agreement is enforceable? I scanned it on another thread and somebody said it looks enforceable to them, but today I noticed that at the bottom of the first page of the agreement it says "application form" which has been deliberately covered with a white sticker but you can still see what is underneath when the light shines on it. Surely then it is not an agreement but an application form. You can actually still see it in the scan i have uploaded on the bottom right of the first page. Any advice?

 

 

There's a lot of discussion on the thread that Chalkitup mentioned particularly as regards the words "approved limit" and the missing reference to "credit limit."

 

There may also be some reference to securitisation which is why you need to read and grasp the thread!!

 

Good luck

[est1234]

Hi,

I've CCA'd DCA acting for AMEX Credit Card and received what appears to be a Pre Approved Application (looks like 24/06/94), plus 3 pages of a Credit Card Agreement. I'd like an opinion as to its validity/enforceability. I'll upload it to photobucket.

[oxymoronish]

hey Nickkarkie

 

Seems very short, i would be intrested in what peterbard would say about it?

[est1234]

AMEX pictures by est1234_2009 - Photobucket this is the AMEX letters

[oxymoronish]

What would really be useful , if someone could post an agreement that was unenforceable and post it on here with the parts highlighted which made it unenforceable.

From what i have been reading it would help a lot of members.

[foolishgirl]

You'll find some egs. on this thread oxymoronish:

 

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

[A+]

Yes i agree, this Egg agreement can be ARGUED by some as unenforceable. I have an identical one and i am sure as hell going to be arguing that, based on the very non-specific term "Approved Limit" which i will argue is not a prescribed term. However, i have been warned not to get too excited as it is down to the JUDGE ON THE DAY to decide if this term is acceptable or not. Its a VERY grey area i am afraid, but well worth looking into in my opinion.

As for securitization, wherever she lives when she's at home, i have no clue myself but looks like i need to get to grips with that too. Any short translations of what thats about would be VERY useful please

[diddydicky]

IMO should have cancellation rights in or next to the signature box- i would say this alone makes it unenforceable

[diddydicky]

alphageek

 

you might like to repost the form showing the signature dates and also showing all the figures

 

some of the buffs on here could tell you if the calculations on the finance side stack up- if not - bingo

[RedVixen]

Could someone please have a lookat my credit card agreement

 

The reason I am thinking it is not enforceable are

 

Interest rate not on the same page as the signature

 

No mention of balance transfer when it was set up specifically for that

 

No mention of charges such as late payment fees etc

 

Linky

[diddydicky]

also states that the agereement is not binding until they have completed their checks etc and yet THEY signed the agreement on the date that they sent it to you for siaure!gnat

[diddydicky]

that last word should be signature (doh)

[junebug]

Out of interest, can I tell BPO to go bog if my name is spelled incorrectly on the agreement? They missed a letter out of my name.

[WelshMam2009]

Out of interest, can I tell BPO to go bog if my name is spelled incorrectly on the agreement? They missed a letter out of my name.

 

Think that would be classsed as de minimis so, no!!

 

de minimis = the law does not care about very small matters

[Peterbard]

Hi

My ears were burning

 

I have been loking at quite a few of these just lately.

 

I pesonally do not prescribe to the limit argument as i believe that the regs refer to the "techical term(the number as in £100) " in the statute and not the badge or label but others differ.

 

I am getting intersted in the interrest charges thing though especially the application of the charges for cash.

 

The regs say that if their is no cash amount on which to base the APR then they must use the assumptions which in the case of an agreement of this age is £100 but i cannot for the life of me get it to work out.

 

Tell me does the agreement say 18.6 or 16.6 for cah advance apr(it is a little unclear).

Also when you make a cash transaction is the fee added to the debit ballance or is it just incleded in the interest repayment ,in other words do you see it on your statement as £2 cash fee.

 

Peter

[junebug]

But it is actually completely different name, the way they have spelled it. I worked for a time for a company dealing with debt elimination & they said that if a name is spelled wrong then an agreement can be considered null & void. Is this not the case? This 'de minimis' is a joke, if the law does not care about very small matters than what is the point of the law at all. Or is it that the rules can be suitably bent to provide a good outcome for the companies that are actually working illegally?

[diddydicky]

if from all the other information - such as your address dob etc being correct a spelling mistake in your name is irrelevant the fact that a single spelling mistake creates a different word is neither here nor there

[WelshMam2009]

But it is actually completely different name, the way they have spelled it. I worked for a time for a company dealing with debt elimination & they said that if a name is spelled wrong then an agreement can be considered null & void. Is this not the case? This 'de minimis' is a joke, if the law does not care about very small matters than what is the point of the law at all. Or is it that the rules can be suitably bent to provide a good outcome for the companies that are actually working illegally?

 

I won't be able to find the threads now, but I have read this before and it was claimed to be de minimis. The crux will be if they have a document with your signature on that has all of the prescribed terms within 4 corners.

 

It would be nice as I know that on one of my agreements, Egg have mispelt my christian name and also given me a new initial for my middle name. Nonetheless, these details are actually linked to me on my credit reference.

[pt2537]

Out of interest, can I tell BPO to go bog if my name is spelled incorrectly on the agreement? They missed a letter out of my name.

Firstly there would most likely be a statement on the document that states if the detail are incorrect please amend

 

it is your obligation to ensure that the document which you sign is accurate, you can be held accountable for basic errors if you fail to notify the company of the error, this would be the case as well if you entered the wrong info on your application form and then allowed the error to continue on the actual agreement

 

As it goes, if the name is not your name and your signature does not appear on the agreement then you may have an argument.

 

however if it is as WelshMam2009 suggests then its likely to be classified as de minimis non curat lex and therefore as the latin states the law does not concern itself with triffles

[junebug]

So even if the agreement is in a totally different name it doesn't matter? Strange.

 

I haven't signed anything. It was with Virgin Media and I have been told there is no paperwork etc (I sent a request for info thingy wotsit)

[pt2537]

So even if the agreement is in a totally different name it doesn't matter? Strange.

did you sign it? please answer this point

[junebug]

did you sign it? please answer this point

 

I didn't sign anything.

[pt2537]

I didn't sign anything.

if you never signed anything, and you never took out the agreement on line , then the agreement you have been supplied would not hold water