Mint CCA 2nd opinion needed

[williamzz]

Hello All

I'm new to all this cca stuff but have done a fair bit reading of these forums

trying to get to grips with everything.

 

I've recently received a CCA response from Mint and need the experts here to

take a gander and tell me if the "agreement" is enforceable.

 

I applied for this credit card in Jan 2006.

 

Thanks in advance.

 

This is what they sent me:

 

 

 

 

 

 

 

 

Hope you can read them ok.

Edited February 19, 2009 by williamzz

[SteveH2508]

You have left some personal information showing (page 5)

 

It is legible, appears to have all of the prescribed terms and the pages seem to be linked so I would say it is enforceable.

[williamzz]

Thanks for your reply. Edited the personal info out.

 

I thought this was unenforceable because the application booklet (first four pages) is obviously an application form and is the only thing I signed.

 

On this app booklet the credit limit is not specified, it just says "we will give you notice of your credit limit".

 

To me that is a prescribed term which is not present. Am I wrong?

 

The "agreement" on the 6th page does not contain a signature box or any other personal info about me so I can't see how this is enforceable either.

 

Of course I could be completely wrong, that's why I need you opinions.

 

Please help.

[SteveH2508]

An application form can double up as an agreement provided that the prescribed terms are contained within the 'four corners' of the agreement.

 

In this case it is clear that this is one document (page 1 of 3 etc. and the common code number).

 

From Schedule 6 of the Agreement Regs.

 

Credit limit

3. Agreements for running-account credit.

 

A term stating the credit limit or the manner in which it will be determined or that there is no credit limit.

 

 

From OFT Guidance

 

The credit limit can be expressed as:

a a sum of money, or

b a statement that the trader will, under the agreement, periodically determine the credit limit and notify the customer, or

c a sum of money together with a statement that the trader may, under the agreement, periodically vary the credit limit and notify the customer, or

d if (a) (b) or © above are not appropriate either a statement indicating how the credit limit will be determined and notified to the customer or a statement that there is no credit limit.

The OFT Guidance seems to support the statement that Mint have put in regard to the Credit Limit.

 

IMHO you would have extreme difficulty persuading a judge that this document is irredeemably unenforceable on the basis of that credit limit statement.

 

Page 6 is the current T&Cs so would not bear your signature.

[williamzz]

Ok Steve

 

Many thanks for your input.

 

Next task then is to try and get some charges refunded.:-|

[SteveH2508]

Good luck - go for it!

[ncf355]

Hi Will,

 

just came over after your post on the main CCA thread

 

I'm inclined to agree with Steve that it looks enforceable

 

Would be interesting to get a look at the original document though to know for sure it was all one document and its not a photoshop construction

 

Though obviously the only way to that is a court case, which would be very risk based on the above

 

Good luck with charges though

 

NcF