Is My Agreement Enforceable - Useful

[rapidres]

Thanks for the quick response.

 

The reason why I am asking the questions is because I have stumbled across this forum and read that you could do it yourself and for nothing after I started to use this company. I have read a number of the responses and it seems a little confusing whether or not or could be done and once you got the reply what to do with it. Although I initially used a company I stared to wonder if I was smart enough to do it myself, if not I will continue to use them

 

Which thread do I look at, as I thought this was the thread I should be looking at.

[captain2]

Hi - the right to cancel is alo required but creditors can comply by sending this with the credit card.

[zosaphine]

Hi

Just a quick question for my Friend, who's looking at sorting some things out for her Dad.

 

He's getting chased by Capquest for his M&S credit card for £3,000+. I advised her to CCA them. They've returned a signed Charge-card agreement from him, dated 1985, with credit limit request of £500.

 

However the debt they're chasing is a M&S Credit card (&More?), which has a totally different account number to the Agreement they provided..

 

Any thoughts?

[steven4064]

Sounds like they have sent the wrong agreement

[captain2]

Since 1985 a long time ago ! they may have altered the administration of the account over such a long time - I suggest you write again and ask them to clarify it - if its not based on the agreement signed then I would guess it could be subject to a further agreement a copy of which you require.

[fighter2802]

Re: zosaphine / steven4064 / captain2

 

Thanks for your help/advice. I'm new to CAG website so still trying to find my way round the forums and threads.

 

I'll reply to them and say they have yet to comply with the CCA request as it's an incorrect agreement for the debt they are trying to chase. Does the original 12+2 days still apply?

 

Thx

[zosaphine]

Re: zosaphine / steven4064 / captain2

 

Thanks for your help/advice. I'm new to CAG website so still trying to find my way round the forums and threads.

 

I'll reply to them and say they have yet to comply with the CCA request as it's an incorrect agreement for the debt they are trying to chase. Does the original 12+2 days still apply?

 

Thx

 

Hi fighter2802, fancy seeing you on here

I agree, it can be a bit of a minefield trying to find your way around here, but it's well worth looking, you never know what you'll stumble across next!

 

Capquest have already exceeded the 12+2 days haven't they? And they provided an agreement for a totally different account to the one they're chasing?

 

I've had a look at what you've sent, i'd suggest blanking out the personal info & posting up here, someone who knows a lot more should be able to assist

[zosaphine]

you'll need to increase your post count before you can upload links though (if you're going to upload the copy agreements in something like photobucket etc)

[zosaphine]

Re: zosaphine / steven4064 / captain2

 

Thanks for your help/advice. I'm new to CAG website so still trying to find my way round the forums and threads.

 

I'll reply to them and say they have yet to comply with the CCA request as it's an incorrect agreement for the debt they are trying to chase. Does the original 12+2 days still apply?

 

Thx

 

Take a look here;: http://www.consumeractiongroup.co.uk/forum/store-cards/169184-marks-spencer-money-req.html

[car2403]

you'll need to increase your post count before you can upload links though (if you're going to upload the copy agreements in something like photobucket etc)

 

I believe (will post again if I'm wrong) but the post count requirement was removed

[steven4064]

I believe (will post again if I'm wrong) but the post count requirement was removed

I didn't know that

[fighter2802]

Take a look here;: http://www.consumeractiongroup.co.uk/forum/store-cards/169184-marks-spencer-money-req.html

 

Letter

http://i643.photobucket.com/albums/uu153/fighter2802/CapQuest_070809_blk.jpg

 

Credit agreement

http://i643.photobucket.com/albums/uu153/fighter2802/agreement_01_blk.jpg

 

T&Cs

http://i643.photobucket.com/albums/uu153/fighter2802/agreement_02.jpg

 

Here's the letter and credit agreement we received. It's for an M&S Chargecard dated 1985 with an old address, but they're chasing a debt for an M&S Credit Card account. Also, the page with 'conditions of use' looks like it's been taken from a different document altogether.

 

Any further advice on how I should phrase a reply letter? They haven't complied with CCA request for the true copy of the credit agreement so should I still give them 7/10 days in order to produce the correct documents?

 

Many thx

[fighter2802]

Not sure why previous link no.3 was a duplicate (?) Here's the 'Conditions of Use' T&Cs

 

http://i643.photobucket.com/albums/uu153/fighter2802/agreement_tandc.jpg

 

Any advice?

[steven4064]

The agreement says it's a chargecard - chargecard sare not covered by the CCA 1974

[fighter2802]

http://i643.photobucket.com/albums/uu153/fighter2802/CapQuest_150709_blk.jpg

 

This is one of the first letters we received from CapQuest stating a CreditCard account was sold to them by M&S Money. So am I right to assume they're in breach of the CCA request by not sending the correct agreement?

 

Many thx

[Fester Tester]

The agreement says it's a chargecard - chargecard sare not covered by the CCA 1974

 

Yes, but he's being chased for an M&S credit card.

[steven4064]

See post #766

[captain2]

Hi -

Re credit cards i.e. running account agreements -

 

ive read on here about credit limits, agreements versus application forms, judgement in the Ocway case re credit limit being specified (but was that not relating to fixed sum loan rather than a credit card ?) right to cancel, payment information etc and my own judgement is when reading the act that if any of the few main points are missing its unenforceable and a court cannot make it enforceable if one or more of the key features specfified in the CCA are not present. But it is very negative and disheartening talking to my solicitor who is probably learning about it as much as I am to hear he thinks an example of my Monument 'agreement' which is headed 'reply card' has no statement of interest, credit limit, or any terms and conditions attached to it be held as proabably not going to succeed in court. Can he be right ? I havent ot a scanner to scan it in unfortunately. Itr makes asking him to look at my Egg agreement a none starter where they have complied with the act in many respects but have no notice to cancel - I know in this case it can be posted with card but so far have nor produced that bit yet. Any ideas or comments anyone ?

[captain2]

Hello Ive spoken to two of credit recovery agents in depth and they said the same it takes 2 months to get a copy agreement. Which most on here can tell you is wrong. It takes 12 days or less and within one month otherwise the card companies are in default themselves. So that should be the first sign these rogues are milking clients. A friend of mine is now on his 3rd claims company having wasted a lot in fees with 2 others. Ive printed off letters here and on other forum sites and given him copies and hes going to do it himself now. Then at least he will also know how its going. All of my agreements arrived quickly where there were any - except I asked my solicitor to do it for me (but not again after he failed to read the act and send the statutory £1 off with the request). So Ive now started again hoping where we have an agreement the card companies may try to alter it having already got one copy they may think I havent got it from my solicitor and atempt to alter it. I sign over my typed name to help defeat attempts to cut and paste or otherwise lift my signature. With MBNA and Capital One 'application' forms arrived in MBNA's case the financial conditions (they omitted 'terms') need a magnifying glass to read and they are not given equal prominence and thus according to the act none compliant in these respects. Then the APR was missed from purchases but exhaustively dealt with in cash advances - so not sure wheher an APR is needed but it is then its prob. not enforecable. Cap Ones was also an application form again I dont know for sure whether an application form can also be an agreement. But terms and conds. were to reverse but no copy provided so cant tell as yet whether its correct. I hope a distinction can be successfully argued over whether an application form can be an agreement as if so I have two that can be argued with in this respect.

 

I have a further 7 cards where I'm hoping to find unenforceable agreements - in the case of HSBC there isnt one, Alliance and Leicester none, Mint none, Monument a reply card whivh has no interest rte on it no terms and conditions but which annoyingly my solicitor thinks I will fail to convince the judge on in my favour ! So im looking at taking this over myself as he cant be right. Any others here won any court cases yet or got any pointers ?

[N.P]

captain2,

 

Perhaps you should scrap your Solicitor and get hold of your CCA`s yourself. don`t forget the £1 though

 

Secondly, scan your CCA`s to a jpeg file and then start a thread for each one to allow caggers to check them out. By all means paste a link to them back on this thread.

 

Thirdly, break your large posts up into smaller paragraphs to enable us to read easier, and make sense of them.

[N.P]

Also, I wouldn`t bother talking to anyone in the DCA industry. They are paid to lie.

[Scouserlad]

Hi

 

Were do i find the template letter to advice Debt Collection that the account is in legal dispute

[captain2]

Hi Scouserlad - I found the template letters in Martin Lewis's web site - Money Saving Expert (that is not on this site ) with a follow on letter for when you find there is no agreement - you can then adapt that second letter for agreements where there are defects too. As far as I can see upon checking references etc it seems correct and seems esp well written.

 

I have also found an alternative option to look at - for example where you have say a £15,000 balance with MBNA for example and that has been on the go for a while the interest which may have started off years ago at say 15% may now be 30% so several years of that the difference at the higher rate could amount to say £6600 over 3 years. I noticed one consumer on here had complained to MBNA about the interest and they refused to lower but upon going to the ombudsman who apparently ordered MBNA to reimburse all of the interest plus damages. So you could see if you can defend an unenforceable agreement and then if it looks as though you may not succeed write to the ombudsman. I don't know whether the ombudsman can look at both together - I would guess in arguing the interest you are accepting the agreement but then if its not properly executed that would be difficult.

[foolishgirl]

Captain - you will also find a range of useful letters & info on here:

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/

 

The Consumer Forums - Bank charges templates (consumer)

[diddydicky]

Hello Ive spoken to two of credit recovery agents in depth and they said the same it takes 2 months to get a copy agreement. Which most on here can tell you is wrong. It takes 12 days or less and within one month otherwise the card companies are in default themselves. So that should be the first sign these rogues are milking clients. A friend of mine is now on his 3rd claims company having wasted a lot in fees with 2 others. Ive printed off letters here and on other forum sites and given him copies and hes going to do it himself now. Then at least he will also know how its going. All of my agreements arrived quickly where there were any - except I asked my solicitor to do it for me (but not again after he failed to read the act and send the statutory £1 off with the request). So Ive now started again hoping where we have an agreement the card companies may try to alter it having already got one copy they may think I havent got it from my solicitor and atempt to alter it. I sign over my typed name to help defeat attempts to cut and paste or otherwise lift my signature. With MBNA and Capital One 'application' forms arrived in MBNA's case the financial conditions (they omitted 'terms') need a magnifying glass to read and they are not given equal prominence and thus according to the act none compliant in these respects. Then the APR was missed from purchases but exhaustively dealt with in cash advances - so not sure wheher an APR is needed but it is then its prob. not enforecable. Cap Ones was also an application form again I dont know for sure whether an application form can also be an agreement. But terms and conds. were to reverse but no copy provided so cant tell as yet whether its correct. I hope a distinction can be successfully argued over whether an application form can be an agreement as if so I have two that can be argued with in this respect.

 

I have a further 7 cards where I'm hoping to find unenforceable agreements - in the case of HSBC there isnt one, Alliance and Leicester none, Mint none, Monument a reply card whivh has no interest rte on it no terms and conditions but which annoyingly my solicitor thinks I will fail to convince the judge on in my favour ! So im looking at taking this over myself as he cant be right. Any others here won any court cases yet or got any pointers ?

 

with that many cards an d if you can afford it- get yourself a truecall- it will make life so much easier