Help with dealing with Moorcroft please

[ncf355]

So should I write back to them telling that what they have sent is not 'correct'. Don't mean to sound negative or anything but why would Argos in the first place ask me to sign this application form knowing that if they wanted to take legal action in the future then it would be totally 'unenforceable'. I am just very worried about it, they are bigger than me!

 

Ah Maze (I dont mean this as an insult - just a jokey observation!!)

 

You remind me of me a year ago

 

They would get you to sign it because they think they can get away with it and its far cheaper over several thousand applications than doing it the right way, e.g: -

 

1) Send Application form, client fills out app form and sends it to creditor

 

2) you have been accepted - your credit limit is x, please sign here for your card (that document being a correct executed agreement)

 

In my experience, Alliance and Leicester are the only ones to carry this process out properly

 

Have fun!

[mazel01]

Thanks everyone, I really appreciate all your help.

 

PT2537 & Curlyben....I will do as you mentioned, sit tight and wait for them to miss the 12+30 days, then write to them!

[Curlyben]

Yep WAIT until the limits expire AND they start demanding payment again before you do anything.

[mazel01]

Cant Moorcroft argue that they have responded within the timescale by sending me this letter

[mazel01]

Forgot to mention , the 12+2 days, is this the same even if you sent it recorded. Im just trying to work out when the 30 days expires.

Orginal cca request was sent on 30th August & they signed for it on the 3rd September. Is it 30 working days or calendar days?

[Curlyben]

Moorcroft can argue that they sky is falling down, doesn't make things right now does it

It 12 WORKING days the a further calender month.

[mazel01]

So just that I know for future reference, the application that you sign originally must include for e.g APR on the card. Not when you actually receive the card and welcome pack!

[mazel01]

So just that I know for future reference, the application that you sign originally must include for e.g APR on the card. Not when you actually receive the card and welcome pack!

 

Could someone please confirm this for me

[Curlyben]

The AGREEMENT must have certain prescribed terms to make it enforceable.

This include your signature and theirs and my usual C&P:

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

[mazel01]

Thanks Curlyben...so if the company confirms the APR etc when you receive your card, thats no good as they should have included it on the original app prior to you signing...is that correct. Im sorry for driving you mad but im just trying to increase my knowledge in this + I am such a worrier!

[mazel01]

Could someone clear this up for me, its just that I am a bag of nerves!

[Curlyben]

Rather than panicking, relax and WAIT and see what they send back.

There is nothing gained by stressing about what might happen as it hasn't happened yet.

[mazel01]

Am I right then by saying the APR etc has to be on the application form I originally signed

[Curlyben]

The prescribed terms MUST be on the signed executed AGREEMENT.

If they respond with an APPLICATION there is a good possibility that they wont be there.

[mazel01]

Thanks for your help again Curlyben.

[pecky1]

Hi

If its the same as they sent me. Application Form for an Argos Card. The prescribed terms were not on it, Even Argos sent me the same Application Form but enclosed a seperate Terms and Conditions booklet.

Dont worry sit tight.

[mazel01]

Moorcroft have sent me letter saying that they will hold off any further action until the 15th October.....do I respond to them now and tell them that what they sent me basically is a load of garbage!

[mazel01]

Moorcroft have sent me letter saying that they will hold off any further action until the 15th October.....do I respond to them now and tell them that what they sent me basically is a load of garbage!

 

Should I respond?

[Curlyben]

Nope, there's nothing to respond to.

[MikeSplicer]

subbing

[mazel01]

I just thought that I had to respond to their letter now that they had sent me the information that I requested, even though it was just the original app....

[mazel01]

I just thought that I had to respond to their letter now that they had sent me the information that I requested, even though it was just the original app....

 

Any help please..

[Curlyben]

Mazel, quit panicking.

Seriously there is NOTHING to respond to, so WAIT until they start demanding payment again.

[mazel01]

Thanks Curlyben, I will wait and see what they do next.

[pecky1]

Dont worry so much listen to Curlybens advice see what they send next, then seek more advice.