Is My Agreement Enforceable - Useful

[mandym501]

Hi.

 

i'm new to the site and not sure if this is the right place to post.

 

In decemebr last year I sent off for a copy of my credit agreement - I waited the 12 working days plus 30 days time limit. I wrote to the debt company 1st credit and told them they had committed an offence by not sending me the credit agreememt in within the time scale. I also sent a letter to TSB, who the original debt was with teling them the same. I also sent a letter to the OFT telling them I had had no response.

 

I heard nothing else - This week I got a etter from a solicitor with a copy of the credit agreement. Is this now enforcable now it has appeared - even though it was late and I made a complaint?

 

Any advice would be greatly appreciated.

 

mandy

[Hopeful1]

Hi.

 

i'm new to the site and not sure if this is the right place to post.

 

In decemebr last year I sent off for a copy of my credit agreement - I waited the 12 working days plus 30 days time limit. I wrote to the debt company 1st credit and told them they had committed an offence by not sending me the credit agreememt in within the time scale. I also sent a letter to TSB, who the original debt was with teling them the same. I also sent a letter to the OFT telling them I had had no response.

 

I heard nothing else - This week I got a etter from a solicitor with a copy of the credit agreement. Is this now enforcable now it has appeared - even though it was late and I made a complaint?

 

Any advice would be greatly appreciated.

 

mandy

 

Hi Mandy

 

You would be better off starting your own thread so that you can get the best advice. Have a look at this thread to help you:

 

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

 

You can post your thread title here when you've done it so people can give you support on it

[mandym501]

Hi Mandy

 

You would be better off starting your own thread so that you can get the best advice. Have a look at this thread to help you:

 

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

 

You can post your thread title here when you've done it so people can give you support on it

Hi hopeful1 - Thanks for your advice - I have started a new thread. i didn't know how to do it !

 

The new title is " Credit agreement appeared after time limit"

 

thanks again

 

mandy

[citizenB]

Hi Mandy

 

You would be better off starting your own thread so that you can get the best advice. Have a look at this thread to help you:

 

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

 

You can post your thread title here when you've done it so people can give you support on it

 

Hi hopeful1 - Thanks for your advice - I have started a new thread. i didn't know how to do it !

 

The new title is " Credit agreement appeared after time limit"

 

thanks again

 

mandy

 

 

This is the link to Mandy's new thread .

 

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/146269-credit-agreement-appreared-after.html#post1542673

[Hopeful1]

This is the link to Mandy's new thread .

 

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/146269-credit-agreement-appreared-after.html#post1542673

 

Thanks for that citizenB. I just stopped ironing for 5 mins to do the same

[The GodMother]

can sumbody tell me what ironing is please.

 

I have a iron and ironing board but i dont use them.

[citizenB]

Thanks for that citizenB. I just stopped ironing for 5 mins to do the same

 

 

LOL. Great minds and all that .

[Chickenlicken]

"An application form can be a valid CCA if it embodies all the prescribed terms"

 

is this correct? found it on mse+

[stapeley]

Can anyone advise please ? I cleared a cc debt 5 years ago . I then foolishly ran up a debt on the account when sent a new card after 2 years . When sent the card I DID NOT SIGN A NEW AGREEMENT even thought the terms and interest rates had changed . So even thought they sent a signed application form ,claiming its a valid CCA , IT DOES NOT COVER THE NEW CARD THAT WAS SENT ?

[citizenB]

Can anyone advise please ? I cleared a cc debt 5 years ago . I then foolishly ran up a debt on the account when sent a new card after 2 years . When sent the card I DID NOT SIGN A NEW AGREEMENT even thought the terms and interest rates had changed . So even thought they sent a signed application form ,claiming its a valid CCA , IT DOES NOT COVER THE NEW CARD THAT WAS SENT ?

 

Did the new card have the same number as before ?. If so, I would imagine they will contest the old agreement does cover it.

 

Hopefully, someone with more knowledge of this will advise you further.

[Hopeful1]

"An application form can be a valid CCA if it embodies all the prescribed terms"

 

is this correct? found it on mse+

 

 

That is correct. It's always a good idea to scan your applications / agreements up on your thread for others to share their views.

[Bighair]

mbna have sold my debt to agency. sent postal orders requested a copy of my credit agreement which they do not have as i have never signed one.asked me to send passport to verify it was me try to get my signiture.now getting threats to pay in full were do i stand anyone.

[Hopeful1]

mbna have sold my debt to agency. sent postal orders requested a copy of my credit agreement which they do not have as i have never signed one.asked me to send passport to verify it was me try to get my signiture.now getting threats to pay in full were do i stand anyone.

 

Hi Bighair

 

You would be better off starting your own thread in the MBNA forum.

 

Have a look at this guide first to help you on your way:

 

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

 

Just shout if you get stuck.

 

P.S I haven't previously sent a copy of my driving license but blacked out my signature You're quite right not to let them have your sig.

[alamand]

Hi guys

 

Just read thread 61 which states an application form can be a credit agrrement.

 

Halifax are taking me to court with an application form.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/146601-mtb-halifax.html

 

I scanned it on here last year and was told because it was an application form it was not enforceable.

 

Help

Alamand

[Dipply75]

Can I ask about CCA request - if they just send you a small photocopy of the front sheet - No t& C's on anything, is that sufficient?

 

If there is anyone that could cast an eye over the agreement on my thread I would be sososo grateful! The copy listed is my original - what they supplied to the cca request for just as above,

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/131435-welcome-finance-missold-ppi-2.html

 

Thanks!

[The GodMother]

well it is pretty obvious that if they dont provide u with a cca then they have not complied.

 

A small copy of a front page with t&cs missing is in correct.

[Dipply75]

Thanks Godmother. It was one of those - you know its wrong but you just have to check before shouting at them lol.

 

Congratulations on your daughter BTW, that must have been such a relief! Am so chuffed for you

 

While I am being a pest - I remember reading along some of the threads about acceptance fees and paying interest on them - is it allowed or not?

 

The agreement we have - the acceptance fee shows as a separate addition from the total charge for credit, yet on their statement is has been added at the start and interest payable from then on.

 

Total amount of credit on agreement - £4562.86

Initial Disbursement on the statement - £4637.86 - exactly £75 difference

 

Is this allowed?

[foolishgirl]

You're right - they can't charge interest on the fee.

 

But are you sure they've been adding interest to the £75.00 Dipply?

 

I only ask 'cos I had a similar initial thought when I looked through statements/agreement on a loan but when I worked it out carefully it was correct - it was just the way it was shown. You have to calculate (1) the no. of payments x monthly amount & (2) calculate how much interest is due on just the loan figure. Do they match? I think a 1% tolerance is allowable.

[Dipply75]

ahhhh, I will have to check into that. I am glad you pointed that out, thank you. I cannot delay giving them my complaint so i will just ask them if they are charging me interest on the fee - that way I have asked them, lets see what they say, while I practice my maths ; )

 

I havent posted my letter on my thread yet as its like 9 pages long with 12 detailed complaints in it, its a bit ridiculous for anyone to have to read through lol!

[Dipply75]

Well, have tried the maths thing and am just giving myself a headache.... is there anyway you could work out the figures for me? I would be so grateful!

 

I think what is confusing me is that the interest rate on the agreement doesnt seem to add up - or I am just eternally blonde........

[foolishgirl]

I'll try when I have time later - it took me ages to do mine too!

[Dipply75]

Thankyou thankyou

These links are for the agreement and the 1st page of the statement.

 

http://i303.photobucket.com/albums/nn122/Dipply75/Picture.jpg

http://i303.photobucket.com/albums/nn122/Dipply75/WelcomeLoan2blanked.jpg

Edited July 4, 2008 by Dipply75
mistake

[foolishgirl]

I've PMd you Dipply with my calcs. Think they have it correct i.e. interest not charged on the fee.

[Dipply75]

Thankyou for that, you're an angel - makes sense now! Have removed the statement now also. If there's ever anything I can help with, just leme know : )

[foolishgirl]

You're welcome. Good luck with claim...