Is My Agreement Enforceable - Useful

[N.P]

Bump

 

 

Bang!

[Redfish]

Also no credit limit in the agreement which IS a prescribed term but can that be stated as we will advise you of the credit limit instead and be valid?

 

Captain2, you can argue this renders the agreement unenforceable, see my comment here. http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what-59.html#post2406581

[Justin Tyme]

Hi All!

 

This is my first posting but I want to say thanks for all the great advice I have already picked up from members on this site.

 

I have seven credit cards, five of which I would like to challenge asap.

 

I have already gone so far with an MBNA (£5700 appox) claim via a 'specialist company' and they have identified sufficient breaches to put my claim to their panel of solicitors. Cost me £295 so far, which I don't mind on this occasion as they have convinced me that their court cost insurance package would protect me if things were to go wrong????

 

I am now waiting for a response from their solicitors which seems to be taking an age! Now, I aint stoopid when it comes to legal stuff but admit I am not familiar with the ins and outs of these types of claim yet so I would appreciate some basic advice. Next stage for me is to sign an agreement to proceed with the solicitors so I am hoping someone can advise me soonest on the following before I commit to something which might sign my best interests away!

 

I've had the MBNA card since 2003. Must have paid them a fortune in interest over six years. I think I have read somewhere that, if a successful claim is made, the lender has to refund certain payments. If so, does this go straight into the solicitors pocket in total!

 

Capital One is next. Owe them £1800, again started in 2003. Never missed a payment - now they have upped their rate to 34.9%!!!! Words fail me. I have all the paperwork they returned to me originally. Don't look like a proper agreement to me - but cant remember if I signed an actual contract or not. I certainly don't have one (I am one of those sad ba****ds who keeps every receipt etc!) Will I have to go through all the rigmarole of writing off for a copy etc.

 

So far, my record of payments to all my lenders is squeaky clean - but I can't keep this up much longer - age 64.5, not presently working due to illness; have £175K in provable equity in 2 properties both mortgaged to Halifax, one going on sale shortly, should realise £150K for me - but Halifax wont even consider a loan to keep me going due to no significant income at present. I really want to protect my credit rating since I plan to go back into business as soon as the first house is sold. But seems just cant borrow any more to keep going due to my circumstances. Selling off personal items to survive! It would be a shame to default or make arrangements at this stage and lose my credit rating when I'm so close to being in the black and ready to get going again!!

 

Should I go ahead with MBNA via the agents? Please help!

 

Justin Tyme Are you letting your bank keep your money Are you giving away thousands of pounds??

 

Many people aren't claiming all of the money they are entitled to when they make their bank charges claims.

 

You have been forced to pay unfair bank charges.

Have you forgotten that your bank has charged you inteest on those charges?

If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you.

Yet you are paying interest to the bank - on your own money!!! - a nice little earner for your bank.

Edited September 5, 2009 by citizenB
removed hyperlink information

[foolishgirl]

Hi Justin - welcome to CAG

 

Firstly, I'm not sure what the bottom paras of your post are about - is it supposed to be your signature? If so, you need to input this info into your personal details on your user page.

 

Re. your debts: If you want specific advice on each one, suggest you post the individual query in the relevant forum, this thread is so large it will get lost here & you may not get the dedicated help you want.

 

In general, particularly with your MBNA debt & bearing in mind you don't want a default, if you pass it to sols. it is possible that they may advise stopping payments which will automatically trigger a default on your credit file. Also they will, almost certainly, take a protracted time to resolve the issue & you may end up 'giving' them any recovered funds (or even worse, owing them money, depending on your contract). Not sure what they are hoping to reclaim for you but basically you should only be prepared to recover unlawful charges & assoc. interest (eg. over limits, late payments etc), interest on the capital you have used is not included in a claim like that.

 

Everything they can do for you, you can do for yourself with a little bit of time spent on research with the help you will get on here. Think very carefully before you sign up with any of these so called specialists.

 

You can start any of your investigations/claims by sending for a copy of your CCA (cost £1.00 only!), post it up (minus your personal details) & CAGers will help you determine if it is enforceable & your actions thereafter.

[Justin Tyme]

Hi Foolishgirl,

Thanks for that, very helpful. Not sure where the stuff at the bottom came from - not me! I obviously had the wrong idea that the interest on the capital loaned could be claimed back. Will have to wait and see what solicitors contract offers now you have alerted me. Going to try doing Cap One myself. Thanks for your time and assistance! Justin Tyme

[foolishgirl]

Thanks for that, very helpful. Not sure where the stuff at the bottom came from - not me!

 

If these weren't your comments, you should report the post to a mod - click on the red triangle at the bottom L of your post.

Going to try doing Cap One myself.

 

MBNA is also a possibility too - look in the MBNA forum for how to tackle it

 

Thanks for your time and assistance! Justin Tyme

 

YW

 

 

FG

[car2403]

Not sure where the stuff at the bottom came from - not me!

 

If these weren't your comments, you should report the post to a mod - click on the red triangle at the bottom L of your post.

 

There's nothing wrong with the post/forum. This actually wasn't his first post, which is here;

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/218215-unenforceable-credit-agreements.html#post2407867

 

What has happened is that this post was copied in to this thread - when that happens, the "magic links" (those keywords which are underlined automatically in the forum software) are lost and the wording behind those links are copied to the clipboard. When the copied post was pasted in to this thread, it's brought the HTML behind the link with it.

 

I'm unclear why you'd post your "first post" on 2 threads, but my advice would be to start your own thread, so all your posts can be kept in one place.

 

Mystery solved

[citizenB]

FG, Justin and Car,

 

I have edited that hyperlink carry over, out of the thread:)

[foolishgirl]

Thanks car & CB - thought we'd got aliens at work!

[minmac]

Hey eveyone... just joined and have literally become addicted to reading all the threads. So basically I am here for my dad. He is self employed and always paid his bills.... that was until two years ago when he got trapped in a fire and ended up in hospital for nearly a year. During this time my mum went through all their savings trying to keep the house, run their house and visiting my dad who was in hospital over 3hr drive away. Obviously without my dad there and my mum dropping to part time so she could visit dad all unsecured debts went unpaid. I have to say most creditors were very understanding and completely froze the debt. However there were a few (and Lloyds tsb being absoluteky nasty down the phone) didnt care and said tough, they continued to hammer on late payment charges and interest to the point where one credit card with Lloyds has doubled. Well I have found you guys and yesterday I printed off the cca req , although my dad is out now and working because of tis he is struggling like crazy and alot of the times cant even afford the minimum payments. Also he is working anything up to 15hrs aday. I feel so awful for him. I am hoping some of these come back an unenforceable so he has leverage to negotiate lower monthly payments. I will start a thread as soon as the ccas start coming in. What a fantastic site, I am glad I found it. Nice to meet you all.

[foolishgirl]

Hi minmac - welcome to CAG.

 

So sorry to hear of your dad's woes but hopefully you will be able to offer him some help with his debt burden in due course.

 

When you get the CCAs, start a seperate thread for each one in the appropriate forum & post up whatever they send you (minus the personal details). I'm sure you will get lots of help from CAGers.

[photoman]

Hey eveyone... just joined and have literally become addicted to reading all the threads. So basically I am here for my dad. He is self employed and always paid his bills.... that was until two years ago when he got trapped in a fire and ended up in hospital for nearly a year. During this time my mum went through all their savings trying to keep the house, run their house and visiting my dad who was in hospital over 3hr drive away. Obviously without my dad there and my mum dropping to part time so she could visit dad all unsecured debts went unpaid. I have to say most creditors were very understanding and completely froze the debt. However there were a few (and Lloyds tsb being absoluteky nasty down the phone) didnt care and said tough, they continued to hammer on late payment charges and interest to the point where one credit card with Lloyds has doubled. Well I have found you guys and yesterday I printed off the cca req , although my dad is out now and working because of tis he is struggling like crazy and alot of the times cant even afford the minimum payments. Also he is working anything up to 15hrs aday. I feel so awful for him. I am hoping some of these come back an unenforceable so he has leverage to negotiate lower monthly payments. I will start a thread as soon as the ccas start coming in. What a fantastic site, I am glad I found it. Nice to meet you all.

 

Hi minimac,

 

Just a few suggestions.

 

1/ Was the fire at work or a company/ public building ?

If so, your dad may be eligible for compensation?

The company etc would have insurance for this.

 

2/ Does your dads injuries make life difficult for him still, or require that he gets help form others ?

If so, he may be eligible for DLA (Disability Living Allowance).

This is a non means tested (ie: income is irrelevant) benefit to help him or anyone helping him. Speak to your local Social security office or look into this online.

You Mum may also be able to backdate a claim for financial help for the period she was looking after him. Again speak to DSS.

There are also normally lots of local (free) independent organisations that can help sort such things out. Look in phone book or online.

 

3/ Did any of the cards loans etc have insurance ?

If so then he should not have had to pay whilst off work.

You may need to check if there was any cut off period for claiming.

 

Just some ideas ?

[N.P]

Did I here someone mention Lloyds TSB?

 

I hate those people

[minmac]

Hi Photoman thanks for input. The fire was at my parents house, it was my dads fault, so no compensation. He does have and will always have numerous health issues as a result of the fire, but its not so severe that he cant work or will feel sorry for himself and stay home. He likes to just get on with things. My mum did make a claim for help when my dad was in hospital but as they had savings she could use she wasnt entitled to anything ( except free parking for the year at the hospital, lol). There was ppi on 2 or 3 of the debts but they ran out after erm... I think it was 6 months . Geez can you believe I am sill here from earlier post lol. I am practically reading every post in the whole forum lol. I find all this so interesting/helpful I dont think I will ever leave, I have learned so much my head is about to pop lol. xx

[citizenB]

Did I here someone mention Lloyds TSB?

 

I hate those people

 

Ooh, NP, how can you say that when you have an enduring penpal relationship with them

[N.P]

Ooh, NP, how can you say that when you have an enduring penpal relationship with them

 

 

It`s easy, I hate those people!

 

Saying that, it`s been mighty quiet for quite a while now, not tempting fate of course

 

Then again, I`ve got nothing to say to them

[Foo Fighter]

Hi

 

Can anyone help me and take a look at this CCA with MBNA ?.

 

This was signed in 1996.

 

Many thanks

redoneagreement.PDF

[SB100]

Like many agreements we've seen on here, enforceability would depend on whether the terms and conditions were on the back of the application form, or in a separate document.

 

Are there any references on the application to 'terms and conditions on reverse' etc? The general concensus appears to be that they would have been a separate leaflet, but you're unlikely to find out for certain until you actually get to see the original, if it still exists.

[Foo Fighter]

1st Credit emailed this over and I have just blanked out my personal details. Can I request a true copy of the CCA in it's original state do you know ?.

[vint1954]

It is strange to have previous address under terme and conditions.

 

Have you put in a proper CCA request.

[Foo Fighter]

Hiya

 

Yes I wrote to both MBNA and 1st Credit back in May requesting a true copy of the CCA, but 1st Credit emailed it over last week after I chased again. Another thing that puzzles me is that I ticked for PPI but I am not sure if I paid it and that the figures quoted go up to 5k and my credit limit was actually 15K.

[Chalkitup]

Hello Foo Fighter,

 

Firstly not sure which programme you used to block out your details but I have clicked on your application link many times and at least twice all your details were showing for approx ten seconds before the boxes blocked your personal stuff ..... very strange!

 

That application matches others I have in my database dated 1996 / 1997 and I have it on good authority that it would be genuine. The big question is ... are the prescribed terms on it.

 

The "previous address" boxes were put at the top of the T& C's on the rear at around this time.

 

Please can you confirm the reference number giving on the rear page at the bottom ..... it will be something like ... LA-6-96-64-N.

 

Onwards and Upwards

 

Chalkitup

[car2403]

Hi

 

Can anyone help me and take a look at this CCA with MBNA ?.

 

This was signed in 1996.

 

Many thanks

 

Hello Foo Fighter,

 

Firstly not sure which programme you used to block out your details but I have clicked on your application link many times and at least twice all your details were showing for approx ten seconds before the boxes blocked your personal stuff ..... very strange!

 

That application matches others I have in my database dated 1996 / 1997 and I have it on good authority that it would be genuine. The big question is ... are the prescribed terms on it.

 

The "previous address" boxes were put at the top of the T& C's on the rear at around this time.

 

Please can you confirm the reference number giving on the rear page at the bottom ..... it will be something like ... LA-6-96-64-N.

 

Onwards and Upwards

 

Chalkitup

 

Attachment unapproved until the personal details are removed - I, too, could see those, CIU.

[Foo Fighter]

Oh, hell I'm a techno dunce....... am I right in thinking that the attachment has now been removed.......?. Damn, I'm hoping it has until I can rescan without my details being public. LA-5-96-29-N is the reference number at the bottom.

Many thanks

Foo Fighter

[Chalkitup]

Oh, hell I'm a techno dunce....... am I right in thinking that the attachment has now been removed.......?. Damn, I'm hoping it has until I can rescan without my details being public. LA-5-96-29-N is the reference number at the bottom.

Many thanks

Foo Fighter

 

 

Hello Again,

 

You are safe .... car2403 has unapproved the link so nobody can open it now.

 

Thank you for the ref number ...... just confirms my thoughts ..... 1996 application.

 

I have not got time now but I will find the link later to another Caggers thread where they have the same application ..... you can then read what others have said about that one.

 

Onwards and Upwards

 

Chalkitup