Is My Agreement Enforceable - Useful

[foolishgirl]

SB - I agree that the forms you have posted look a little dodgy.

 

If you look at Form 2 you can make out an imprint of the writing on the other side; however if you look for eg. at the bottom left of Form 2, this should correspond with the bottom right of Form 1. I seem to detect the words 'Platinum Plus Visa card' & a code under that. Can you see that on the page they are claiming is the front ie. Page 1? I can't. :-?

 

You may be able to see almost exactly what is on both forms by putting the images thro' Photoshop or similar & reversing the image on Form 2. You could then tell if one is the actual reverse of the other. Not sure on the tech. behind this but do know it's possible. Maybe another CAGer can tell you how to do it?

[SB100]

Hiya.

 

Having looked at it again today that may be my fault; they've printed the supposed t&c's on the back of the same piece as the application, so it may have shown through when I scanned it rather than from the original. I'd be very interested to see the original though as I'm pretty sure the signature you can see on the first 'application' page has been superimposed

[foolishgirl]

SB, they may have 'arranged' to have the doc. signed by them to comply with the CCA. In itself, the absence of their sig. would not make the doc. unenforceable - a DJ would just say 'go away & sign it' to make it valid.

 

You are not going to know def. unless you get them to take you to court & ask to see the original.

[The GodMother]

SB100 this is the link i was looking for

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/subject_access_-_guide_for_data_subjects.pdf

[SB100]

Thanks for that Godmother- I'm very grateful.

 

I've just received a CCA back from HFC - which is the correct forum for me to post the scans?

 

Thanks

[The GodMother]

its best u make your own thread re all this then you can post scans in there and recieve replies. link the thread in here

[SB100]

I forgot that I started this one

 

http://www.consumeractiongroup.co.uk/forum/hfc-household/166327-sb100-hfc.html#post1841975

 

Could you take a look please?

 

Thanks

[andrew1]

Take a wee read through this:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

[citizenB]

Could someone spare a few moments to have a look at the documents in this thread please.

 

http://www.consumeractiongroup.co.uk/forum/mbna/165050-cosalt-mbna.html#post1842853

[debbage]

Please could someone take a look at the link below and advise if my agrrement is enforceable and what I should do next

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167971-american-express-newman-dca-3.html

 

Thanks

[SB100]

I'm guessing this is unenforceable for the following reasons- could someone more knowledgable than me take a look and check please?

 

 

• Incorrect title to be used as a CCA - the word 'card' missing.
  
• No prescribed terms etc.
  

This appears to be nothing more than an application form.

 

Thanks

[The GodMother]

is this all u got?

[SB100]

Yep- it surprised me as well!

 

No t&c's or anything, just the last six statements and the application form. Maybe they weren't too organised in 1994?

 

Wondering whether to hit them with an SAR just to check they're serious, but maybe I don't need to.

[The GodMother]

a SAR you can do but it may not produce a cca but u can ut a line in saying u want a cca.

 

i have a SAR that i use if u want to see it

[SB100]

Rather than go to the expense I think I might just reply stating that its unenforceable due to lack of prescribed terms etc and is in dispute until such time as they provide evidence.

 

What do you think?

 

Thanks

[The GodMother]

yep i have a letter for that to if u wanna see it.

[SB100]

Yes please- I'd be very grateful

[maisierider2008]

Hello. I have received an email from a company wanting £295 to check whether all my credit agreements are valid - that's the charge for each agreement! I would like to do it myself. Please could you redirect me to a step by step guide to starting the process. Regards Claire

[The GodMother]

claire

 

DONT use them. it is a con they charge for what we do for free.

 

Just save your self some money and use CAG. Just think of what you could spend the money on.

[foolishgirl]

Welcome to CAG Claire where the advice is not only good but free!

 

To start off the process with your credit agreements you need to send a CCA request to each credit card company enclosing £1.00. Do not sign the letter (use dig. signature or print so it can't be copied & pasted to other docs.) send POs & mail Rec. Del. so you can trace its receipt.

The template letter is on this page - Letter N amend to suit:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

If they do not mail an enforceable CCA back within the 12+2 days, you can then send an 'account in dispute' letter & stop payments but suggest you start a separate thread for each CC when you get to that stage - there are effects to consider when deciding to withold payments.

 

In the meantime have a good read of this forum & glean as much knowledge as you can from others who have been there & got the T-shirt.

[maisierider2008]

Thanks foolishgirl. Will get onto it now.

[SB100]

It all seems rather daunting to begin with, but there's an awful lot of support and people more than willing to help you out on here

[steveoram1]

I've got an agreement which states that for each £100 I have borrowed £650 is repayable if I settle either halfway or three quarters of the way through the term. I'm thinking that this may be an unfair term. Got myself stuck in the payday loan trap. Started off with a £520 loan and have so far paid back 4 lots of the monthly £130 interest - total £520 but still owe the initial £520 plus this months vig - total £650. Any way out of this without enriching these leeches any more?

[maisierider2008]

Hey foolishgirl, sent of my CCA requests this arvo. Can I just check the 12+2 days, is that "working days"? MR08

[FANTASY CHARGES]

Hi, I've received this from MBNA and would appreciate your views as to its validity and enforceability...

 

 

 

 

 

• It clearly states Application
  
• The box on the right, towards the bottom, which reads 'Please issue me an MBNA Credit Card etc' isn't ticked.
  
• The document looks like its been reduced in size- looking at my signature (which I've blanked out) and comparing it with the 'other' signature there is a significant difference in size. Looks to me like the signature that appears on it (reads Anne Y Hogan or something?) has been put on to the printed copy (reduced size) raher than the original.
  
• There are some t&c's on the next sheet, which may have been printed on the reverse, but the document I've posted appears to be the full front page.
  

 

The scan of the second page is very much smaller than the first. Its not referred to on the first page as far as I can see.

 

Not sure if its relevant... I sent the CCA and SAR requests on the same day; the SAR came back first with just a list of transactions- nothing else.

 

The supposed CCA didn't come back until I'd sent them a dispute letter.

 

Thanks in anticipation of your help and advice - its greatly appreciated.

 

 

ERRRRRRRRRR if you read condition 12 and condition then you will wonder wher condition 15 is ????? and

 

 

now what wa that number that comes between 13 and 15 ????

because that condition is also absent

 

 

with that LA-6-97-62-n being there it is obvious that those t & c have been usurped from a previous location

 

:lol:U:lol:N:lol:L:lol:U:lol:C:lol:K:lol: Y