Unenforceable agreements under the Consumer Credit Act

[tinkerbell20]

Regulatory Risk at RBS/NatWest Group are now saying they don't have to provide a copy of the consumer credit agreement under the data protection Act because it doesn't form part of a relevant filing system...............gues s it beats having to either

a) produce an unenforceable one

b) admit they don't have it or

c) admit they destroyed it!

 

Guess now the Government effectively owns them the Information Commissioners Office will roll over too...............

[dave_herts]

Regulatory Risk at RBS/NatWest Group are now saying they don't have to provide a copy of the consumer credit agreement under the data protection Act because it doesn't form part of a relevant filing system...............gues s it beats having to either

a) produce an unenforceable one

b) admit they don't have it or

c) admit they destroyed it!

 

Guess now the Government effectively owns them the Information Commissioners Office will roll over too...............

 

Hit them with a CCA..then they will have to produce it, otherwise they cant enforce the agreeement.

[dollydimples]

Hello I am totally new to this as a member but have been reading the threads and have done some of my own work following some of the sample letters that have been posted. I wrote to MBNA and Barclaycard and requested the

 

1. I require you to supply me with a true copy of the credit agreement under which this account is conducted. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.78 (1) for running – account credit) - your obligation also extends to providing a statement of account.

I enclose a £1 cheque in payment of the statutory fee.

 

2. You are notified that you are obliged to supply these documents, under S189 of the Consumer Credit Act 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and therefore is a complete defence to any court claim that is issued.

 

Furthermore you are reminded that under s78 sub section (6) whilst the default continues you are not entitled to enforce the agreement in law

Now both of these companies have not replied within the 12 days but MBNA sent me a letter stating that a restriction had been put on the account and that I was to send my credit card back (fine not a problem with that) but my thoughts are have they done this because I have asked for the true copy to be sent to me and they are unable to produce this. Does anyone have any thoughts and possibly help me out on this one not sure what to do now!!!!

 

 

hi there i am new at this but i wrote to barclays , mbna and citi last week sent pound postal order with a letter requesting a copy of my original credit agreements awaiting there reply wonder how many other letters the said named companys have had .will let u know who things go it would be good to know how you get along

[dave_herts]

I have found its fine, at this stage, its once you get a copy of an agreement, getting a difinitive answer as to whether its enforcable is met with either silence of legalese....In my case its not signed by the original lender, and i dont know where i stand.

 

Good luck with your case.

[rmart]

Any advice would be appreciated.

 

My daughters took out a together mortgage with Northern Rock in November 2006. They took a £93,000 mortgage and then a £28,000 unsecured loan.

 

The loan document says ‘Fixed loan agreement regulated by the consumer credit act 1974′ on the front of it.

 

also inside it says ‘this credit agreement is regulated by the consumer credit act 1974. sign it only if you want to be legally bound by its terms’

 

and ‘ The consumer credit act 1974 lays down certain requirements for your protection, which should have been complied with when this agreement was made. If they were not, we cannot enforce the agreement against you without a court order’

 

The loan was taken out in Nov 2006 and at this time loans above £25,000 were not covered by this act. Only loans after April 08 were covered if over £25,000.

 

They are not protected by the CCA 1974 and yet they were told they were, therefore is this loan written incorrectly ? Can it be claimed that it was mis sold ?

[citizenB]

rmart, I am sorry I am not able to answer your question, but if you were to start a thread of your own, I think you would be more likely to get some sound advice.

[wendydt]

Dear All

 

I thought I would update you as what is happening!

 

I have now written and reported MBNA for harrassement. I have written to them and they have written back and apologised but they still say that they want to ring me as it is their way of communicating with me ! So I have now reported them to the Trading and Standards and they are now looking into it for me so fingers crossed I get some satisfaction from them .

 

Now Barclay Card is a different story ! I wrote to them sometime ago asking for a copy of my credit agreement and also wrote to them about my PPI and they refused to refund the money as they told me that I had a 30 day cooling period and point blank said NO after several letters but TODAY I recieved my so called credit agreement and it clearly states in black and white and is printed out on the so called agreement stating "I do not require card protection" so today I rang them and quoted this back to them and they asked me why has it taken 10 years for me to realise this and I stated that I only looked into it recently due to all the media coverage with PPI. She refused again to refund the money and I stated that this error should never have happen and she said that I should of contacted them straight away obviously I disagreed and told them this was incorrect. I have now spoken to the ombudsman and they have told me that I have good case.

 

Any thoughts anyone!

[tinkerbell20]

yes ...............you have a good case:D

[wendydt]

here is hoping tinkerbell !!! fingers crossed this will be 10 years of ppi

[citizenB]

Nice one Wendy. Check out the PPI forums, you will find loads of advice on how next to proceed.

[tinkerbell20]

here is hoping tinkerbell !!! fingers crossed this will be 10 years of ppi

 

Definitely ..............plus the interest they have charged you - don't forget that!!

[wendydt]

well here is hoping 10 years ppi equate to a hell of amount of refund if it comes off but as I said it states clearly "no card protection required" there mistake not mine and they are liable to recitfy it pronto as far as I am concerned!!! so watch this space

[tronny]

even though i may have defaulted on some of my supposed enforceable agreements and had ccj's etc can i still fight these companies or at least challenge them????????????????????????????????????????????????????/

[wendydt]

Dear All

 

See if you can help me out with this one! My husband has a credit card with citibank which accquired by default. We were going on holiday a few years ago and he was approached at the airport and was asked if he would like to enter a competition he had no idea that this was credit card until we arrived home and found one had been sent out to him. He is saying that if nothing else he was falsely advised what the competition was about and that he was actually signing up for a credit card and was this bimbo that asked if he would like to enter this competition was she qualified to sell him the credit (probably not).

 

I would appreciate your thoughts on this and we have had a long discussion about this tonight and he feels that he has had the wool pulled over his eyes. Any suggestions would be grateful!

 

Thanks:p

[wendydt]

well here is hoping 10 years ppi equate to a hell of amount of refund if it comes off but as I said it states clearly "no card protection required" there mistake not mine and they are liable to recitfy it pronto as far as I am concerned!!! so watch this space

 

 

I would say yes ! why not you have as much right as them to question your agreements! they will no doubt be questioning you on your income etc ..... so yes go ahead pursue them ! Good Luck

[wendydt]

even though i may have defaulted on some of my supposed enforceable agreements and had ccj's etc can i still fight these companies or at least challenge them????????????????????????????????????????????????????/

 

 

I would say yes ! why not you have as much right as them to question your agreements! they will no doubt be questioning you on your income etc ..... so yes go ahead pursue them ! Good Luck

[tronny]

will start the process and see what happens.........! thanks wdt

[buckhunter]

Sent letters to Amex and MBNA asking for CCA as per templates. No responses were received by the 12 days +2 limit, so I sent the follow up letter putting the accounts into dispute.

 

Still no reply from MBNA. Next steps??

 

Amex sent me a late reply providing a copy of the signed original application form dated June 2003. Also, they sent me ' a copy of the oldest terms and conditions that we hold for your account. The original terms and conditions are no longer maintained on our system, but the set provided is substantively the same as the original and should be suitable for your present purposes' ( This was a photocopied set with the date Dec 2003 printed on the top)

 

Also they sent me the current Tand Cs.

 

Interestingly, they then say that they have been advised that the agreement could only be unenforceable if it a) were not signed by me b) it didi not contain the prescribed terms set out in SChed 6 CCA 1974. Which they by implication feel they have done.

 

How am I doing here? Is the fact that I have only signed an application and the terms are no longer available and indeed seperate in my favour?

 

What do I do now? Thanks.

[yoda1312]

Wendydt, dollydimples and Hollie-lou, you will get much more advice by starting your own threads.

Hi, read through quite a lot and found them helpful but really new to this and not even sure how to start my own thread, please help

[citizenB]

Hi, read through quite a lot and found them helpful but really new to this and not even sure how to start my own thread, please help

 

Yoda, I am assuming you have a credit card / debt query. If you click on the following link.. at the top and bottom there is a button that says NEW THREAD. Click on either one and a new screen will come up. Hey presto, you have started a new thread.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/

 

The following link is also very useful

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[yoda1312]

Thank you heaps citizenb

[dollydimples]

Wendydt, dollydimples and Hollie-lou, you will get much more advice by starting your own threads.

hi there dont know how to do the above sorry maybe you can help thanks

[citizenB]

hi there dont know how to do the above sorry maybe you can help thanks

 

dollydimples, have a read of post 45 above. There are links in that post that will help you.

[Muffintop]

hi there im new at this but i am starting to challenge mbna and barclays for unenforceable credit

 

Mod... I STILL cant work out how to start a new thread dispite the idiots guide.. and yet Iv done it in the past lots of times as you can see by the amount of posts. Where on earth is the new thread button?

I started my unenforceable agreements claim today with 5 credit cards and I would really like my own thread pse help. skeggsy

[citizenB]

skeggy, have a read of post 45 above.. that should help you start your own thread.