Is My Agreement Enforceable - Useful

[Livis]

Hello all,

 

Can anyone offer any advice on what HSBC have sent in response to my CCA request.

I have posted on HSBC forum but have had no replies yet.

Any comments are apreciated xx

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/214162-hsbc-cca-request-loan.html

[xx.Morph.xx]

Could someone cast an eye over a CCA response I've had that I've posted over in the mail order catalogue forum pretty please:confused:

 

Link:-http://www.consumeractiongroup.co.uk/forum/mail-order-catalogues/214555-n-group-jd-williams.html

 

many thanks

 

Morph

[1273]

Can a Credit Card Application containing Key Financial Information (interest rates etc, loss and theft of card and genral information about missing payments and default charges be said to be an Consumer Credit Agreement. It also says 'once you have signed this agreement, you will have a short time to cancel it. We will send you the exact details of how and when you can do this.'

There is no credit amount or credit limit. At the end it below my signature it says By signing this you authorise us when considering YOUR APPLICATION to gain additional relevant information, credit references, electoral role etc

 

The application form only has my signature...

 

It also has - we will tell you your credit limit when you first revieve your card.

 

My question is can an application for a credit card, be used as a enforcable CCA??

[FlyboyAgain]

IMO an application form cannot be construed as to be an agreement. You should have an agreement that was also signed by the other party.

 

I am willing to be corrected.............

[foolishgirl]

Hi 1273

 

It's almost impossible to say if your credit agreement is enforceable or not on the info. you have given. If you can post up a copy (minus personal details), you might get a more definitive reply from CAGers.

[steven4064]

1273 - please put questions on one thread only. In fact, it is better to start your own thread - stops us all getting confused.

 

An application for can be an enforceable agreement if it has the debtor's signature and the prescribed terms - credit limit, repayment terms and interest rate (for a credit card, anyway)

[1273]

 

This is it... Its my application.

[steven4064]

Sorry, 1273, that is too small to read

[foolishgirl]

This is 1273's thread:

http://www.consumeractiongroup.co.uk/forum/legal-issues/215196-monument-cca-correct.html

 

However you need to upload your attachments again 1273 as the originals have been removed as they contained your personal details. It is not wise to post personal info on an open forum.

[steven4064]

THanks FG

[foolishgirl]

Yw

[1273]

scan0001.pdf

 

here it is..

[steven4064]

1273

 

Thanks. THis is not a properly executed agreement and can therefore only be enforced by a court (s65 CCA 1974). However, it fulfils the minimum requirements (your signature, prescribed terms - credit limit, repayment terms and interest rate - and cancellation rights) to allow a court to enforce it. A court might decide not to, but they are not prevented from doing so by s127.

 

This is assuming the agreement was signed before CCA 2006 came into force

[texanbar]

Phew... just read entire thread.

 

Thanks everyone for all your queries and answers. Having checked and rechecked all my CCA the only two I would like clarification on are my Cahoot cc and Cahoot Flexible Loan. The only thing missing is my right to cancel. Is that a prescribed term?

 

Not sure if I've added my thread link properly sorry dont know how to do it....it's called 'Cahoot flexi loan - CCA rec'd back' in the Cahoot section

x:)x

Edited August 27, 2009 by texanbar
tried pasting my link - DOH! didn't work

[captain2]

Hello there ive got exactly the same with my Egg card agreements the right to cancel is part of the 1974 CCA ACT but nowhere in the Eg agreement is it referred to not even in the separate supporting generic terms and conditions they have sent with the copy agreement. But the ACt also mentions they can be posted with the card and use of the card is deemed acceptance of this right.

But how do you know they wont just say they did that as without a signature there is no way of knowing I suspect the ACT means its got to be in the agreement too AND posted out withe card ?

 

If someone could clarify this it might help save me £20k at Egg.

[texanbar]

Hello there ive got exactly the same with my Egg card agreements the right to cancel is part of the 1974 CCA ACT but nowhere in the Eg agreement is it referred to not even in the separate supporting generic terms and conditions they have sent with the copy agreement. But the ACt also mentions they can be posted with the card and use of the card is deemed acceptance of this right.

But how do you know they wont just say they did that as without a signature there is no way of knowing I suspect the ACT means its got to be in the agreement too AND posted out withe card ?

 

If someone could clarify this it might help save me £20k at Egg.

 

 

 

Hi capt, pre 2005 Egg agreements do have flaws in their CCA. pt2537 (post #483) has a brilliant link on the bottom of his signature which is a really good read. Alternatively, have a look in the Other Institutions - Egg threads, and you find copies of CCA that Egg have sent to other caggers.

 

x:)x

Edited August 27, 2009 by texanbar
typo

[vint1954]

Hello there ive got exactly the same with my Egg card agreements the right to cancel is part of the 1974 CCA ACT but nowhere in the Eg agreement is it referred to not even in the separate supporting generic terms and conditions they have sent with the copy agreement. But the ACt also mentions they can be posted with the card and use of the card is deemed acceptance of this right.

But how do you know they wont just say they did that as without a signature there is no way of knowing I suspect the ACT means its got to be in the agreement too AND posted out withe card ?

 

If someone could clarify this it might help save me £20k at Egg.

If you start your own egg thered, you should get more advice and those that help will be able to keep track.

 

Strangely, the right to cancell is not a prescribed term, but needs to be on the signature document, or a note directing you to it.

 

Vint

[captain2]

Hello I did start my own thread but someone hijacked it and put it back on here - i dont know how or why someone would want to interfere but he thought it should be in this thread. As i am not entirely sure as to how this site works I did not know any better at the time. Also thanks for the reply if its not a prescribed term the court may enforce ? but if its supposed to be part of the agreement I suppose its discretionary is it or is it mandatory ? and are they thus likely to enforce ? Also no credit limit in the agreement which IS a prescribed term but can that be stated as we will advise you of the credit limit instead and be valid ?

Thanks

[dogtrainer]

Hi all can some one please have a look at my Agreement on my thread

Equidebt/Debt Managers

 

Thanks DT

Edited August 28, 2009 by dogtrainer
added link

[vint1954]

Hello I did start my own thread but someone hijacked it and put it back on here - i dont know how or why someone would want to interfere but he thought it should be in this thread. As i am not entirely sure as to how this site works I did not know any better at the time. Also thanks for the reply if its not a prescribed term the court may enforce ? but if its supposed to be part of the agreement I suppose its discretionary is it or is it mandatory ? and are they thus likely to enforce ? Also no credit limit in the agreement which IS a prescribed term but can that be stated as we will advise you of the credit limit instead and be valid ?

Thanks

Hi,

 

I don't think that it has been hijacked, just moved from the letter templates area. It is now in Debt Collection, Here:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/215212-key-ingredients-enforceability-credit.html

[Foo Fighter]

Hi

 

Can anyone help as I've requested a copy of my Credit Card Agreement with MBNA for an account which was passed on to 1st Credit. Apart from receiving an agressive call from 1st Credit they have now sent me an electronic copy of my application form for a credit card from MBNA. Is this the Credit Card Agreement or should I be asking for something else as my application just states my details (Name/Address/DOB/Employer and Salary) with the terms and conditions of use of the card. Oddly enough it also quotes up to £5000.00 interest and not above whereby my card limit exceeded that amout. I also ticked payment protection insurance and I am not sure if I paid or not as the agreement was taken out in 1996.

[the_shadow]

Hi

 

Can anyone help as I've requested a copy of my Credit Card Agreement with MBNA for an account which was passed on to 1st Credit. Apart from receiving an agressive call from 1st Credit they have now sent me an electronic copy of my application form for a credit card from MBNA. Is this the Credit Card Agreement or should I be asking for something else as my application just states my details (Name/Address/DOB/Employer and Salary) with the terms and conditions of use of the card. Oddly enough it also quotes up to £5000.00 interest and not above whereby my card limit exceeded that amout. I also ticked payment protection insurance and I am not sure if I paid or not as the agreement was taken out in 1996.

 

You'll need to scan it, remove personal info and then post it up for people to advise properly.

 

To find out if you paid PPI send a subject access request to the original lender MBNA, if you use the one from the debt templates it'll ask for everything they hold on you... costs £10 and they have 40 days to comply. If the PPI was mis-sold you could claim it back from them (with the interest they have charged) to off-set against the balance.

 

S.

[citizenB]

Foofighter, it would be a good idea to start your own thread, that way you wont get lost in what is essentially a reference thread:) and extremely long !.

[Old Cogger]

Bump

[citizenB]

Bump

 

What exactly are you bumping for