Is My Agreement Enforceable - Useful

[santa1]

Hi,

 

I have been reading this thread an one of the prerequisites for a credit card cca to be enforceable is the credit limit. But there is no credit limit on mine. Arrow have sent me a copy of my statement which shows the limit but not the cca.

 

Please see attached PDF - 2nd page. (sorry for the quality, the quality of the copy they sent is poor)

 

What do I do now?

 

Cheers

PJ

all.pdf

[the_shadow]

Hi,

 

I have been reading this thread an one of the prerequisites for a credit card cca to be enforceable is the credit limit. But there is no credit limit on mine. Arrow have sent me a copy of my statement which shows the limit but not the cca.

 

Please see attached PDF - 2nd page. (sorry for the quality, the quality of the copy they sent is poor)

 

What do I do now?

 

Cheers

PJ

 

Hmm the recognised credit limit prescribed term can be described as "we will determine the credit limit and advise blah blah blah" so they may have already done it in Section 1 of the key financial information on page 1.

 

S.

[diddydicky]

para 1a states your limit HOWEVER if you cant read the document that they have sent you because it is not legible (except under a very good magnifying glass) it then does not fulfil their obligation to supply you with a copy of your original agreement

 

they are therefore in default

 

i would write and tell them they have failed to comply with your request and that the account is in default.

 

it is for them to try and find a legible copy or remain in default

[steven4064]

To add to what DD says, the requirement for an 'easily legible' copy is regulartion 2 o fthe Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983

[diddydicky]

thanks steven, can never remember the bloody reg section numbers

[steven4064]

I have a copy of all the regs on my PC

[Livis]

Hello, can someone please have a look at the application form that halifax have provided, post 25 and the letter they have sent me post 26.

 

I need some help in sending a letter back to them, i really appreciate any help anyone can give.

 

Thankyou xx:)

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/183043-halifax-12-credit-card.html

[Livis]

hello, is anyone available to offer advice please ?

[steven4064]

Hi livis

 

The agreement has your signature on the first page and the prescribed terms on the second. It is enforceable if the 2 pages constitute a single document.

[Livis]

Hi Steven, thanks for your advice.

Do you think i should send a letter back saying that they need to provide proof that the 2 pages are on the same page?

As what they've sent looks like its been fudged together.

Is it right that if the lenders signature is missing, the agreement has not been executed properly?

Livis xx

[steven4064]

Yes, if the lender has not signed it, it is not properly executed. It may still be enforceable, though, as the requirements for enforceability are a lot less.

 

It is really difficult to tell if the two pages are part of the same document. I suspect that a court would find that they are (at least on the balance of probabilities) and whould therefore enforce the agreement.

Edited May 14, 2009 by steven4064

[yogababe]

hi, new to this site, but i recently sent off to Northern Rock for a copy of my credit agreement and they didnt respond within the 12+2 days. I sent them the default letter from this site and they have 'miraculously'discovered my original letter and replied now! are they in default as they replied after the 12+2 days?

Can some one please advise me, thanks,

[foolishgirl]

Have they sent you your agreement or just sent a holding response?

 

If they've sent the agreement, they have fulfilled their obligation & if it is enforceable, your obligation to pay.

[yogababe]

hi,

they have sent the agreement, but i thought they had to reply within the 12+ 2 working days and it is outside of that

[WelshMam2009]

hi,

they have sent the agreement, but i thought they had to reply within the 12+ 2 working days and it is outside of that

 

The account is in default once the prescribed period has lapsed and no agreement has been received.

 

As soon as the situation is remedied, the creditor is no longer in default.

[the_shadow]

hi,

they have sent the agreement, but i thought they had to reply within the 12+ 2 working days and it is outside of that

 

Nope the 12+2 working days is to put the account in dispute but so long as they eventually send it they can continue to collect/chase money. Have you posted it up to check its enforceable?

 

S.

[yogababe]

ok, well i just found it very funny that they only issued this when i sent the second default letter!!

 

How do i post it up to be checked then?

 

sorry,this is all new to me

 

thanks

[foolishgirl]

Use photobucket:

Image hosting, free photo sharing & video sharing at Photobucket

 

but remove all your personal details first

[citizenB]

Originally Posted by yogababe

 

ok, well i just found it very funny that they only issued this when i sent the second default letter!!

 

How do i post it up to be checked then?

 

sorry,this is all new to me

 

thanks

 

 

 

Use photobucket:

Image hosting, free photo sharing & video sharing at Photobucket

 

but remove all your personal details first

 

Could you please also start your own thread. That way you will receive advice tailored to your specific situation.

[yogababe]

ok, think i have done it

the interesting thing, is the front page is a black and white copy of my signed agreement, the 2nd page is a colour copy of the T & C, on different paper in a different format!

 

does this help my case?

thanks

[yogababe]

it also doesnt have any cancellation rights on it, and i took it out to clear other credit card debts, does that make a difference? Someone said they thought it would

T

[foolishgirl]

yogababe, citizen B is quite right - start a new thread for this, perhaps in the 'other institutions' forum (Other Institutions - The Consumer Forums). That way you're not hijacking this thread & you'll get more dedicated help.

 

BTW the image is too small to see properly - use the IMG link

[yogababe]

hi thanks for that, its on a new thread

http://www.consumeractiongroup.co.uk/forum/other-institutions/199844-unenforceable-northern-rock-agreement.html#post2172508

 

 

thanks

[cadwallader]

Hi

 

I'd appreciate some further opinion on the enforceability of the CCA from Amex and Egg on these 2 threads. The shadow suggested i link from here to get further comment. Many thanks.

 

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/200454-amex-cca-received-enforceable.html#post2181074

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/200460-egg-money-cca-received.html

[steven4064]

cadwallader

 

i have commented on both the above threads.

 

Amex - valid CCA, invalid DN - game over

Egg - invalid CCA - game over