Cca Requests Updates Please

Bazza66 · 16 February 2009 at 12:00PM

moh786 wrote: »

Hi

Just wanted someone to check my CCA to see if its enforceable or not. I have just recieved a court letter yesterday, so want to make sure if its enforceable or not before i go further. The credit card is from sygma bank

I request it and i got the agreement listed below but it looks like the application form to me.

if not enforceable then what should i do next!

thanks in advance

CCA below

http://i44.tinypic.com/5554xv.jpg

When you say "court letter" you mean its actually an letter summoning you to court or a court threat letter?

Create a new thread on the CAG forum

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

with your CCA on it and then post to

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful-16.html

with a reference to your thread.

Hopefully some CCA guru will be along to tell you about it. Its look like an application form to me but dont take my word for it - I am not versed in that area.

GeorgeUK · 16 February 2009 at 12:33PM

With a creditcard, the CCA should inform you of the APR and interest rate, the method of repayment and also the credit limit or method the limit will be determined (for a loan the actual credit limit is required).

I can't see the repayment details on this. Don't think it's enforcable.

Bazza66 · 16 February 2009 at 2:34PM

GeorgeUK wrote: »

With a creditcard, the CCA should inform you of the APR and interest rate, the method of repayment and also the credit limit or method the limit will be determined (for a loan the actual credit limit is required).

I can't see the repayment details on this. Don't think it's enforcable.

GeorgeUK - the bit at the bottom says "To be completed by store staff" - does this not possibly indicate its a store card? If thats the case is it a different set of rules?

Just out of my own curiosity.

GeorgeUK · 16 February 2009 at 3:14PM

Don't think so.
The types of credit in question are fixed sum credit such as a loan and running account credit such as a credit card. As a store card is also a form of running account credit, i think it will be treated the same as a creditcard under the Act.

What i'm not sure of however is if the "To be completed by store staff" section is completed after the form is signed, as you haven't had sight of the credit limit. would that count as part of a CCA or not? I would have thought that you would need to know what credit limit you were agreeing to before signing the form would be considered a CCA. No idea about the legislation for that though.

pebbles88 · 16 February 2009 at 3:23PM

GeorgeUK wrote: »

With a creditcard, the CCA should inform you of the APR and interest rate, the method of repayment and also the credit limit or method the limit will be determined (for a loan the actual credit limit is required).

I can't see the repayment details on this. Don't think it's enforcable.

thats interesting, i did not realise that that was all it took for a cca to be unenforcable. it gives me hope as natwest have put my limit up several times over the years without asking me, simply sent a letter saying it had been done!

GeorgeUK · 16 February 2009 at 3:31PM

This is only for CCA's that were signed before 6th April 2007. From this date onwards the rules changed and about the only way you a CCA would not be enforcable is if they did not have a copy of the CCA. If they took it to court they would still need to supply a CCA with the signatures but finding out if they had this would probably only be possible with a SAR.

rog2 · 16 February 2009 at 5:12PM

Weekend_warrior wrote: »

They say my monthly payments are proof enough that the debt is mine and therefore now enforcable.

Absolute twaddle, WW. If you have sent them the 12+2 day letter - indeed, even if you haven't but 12 working days have elapsed since they received your request - then they are 'in default' and can no longer enforce the agreement.
They can try taking you to Court, but without the agreement and, providing that you inform the Court of your 'failed' cca request, then there really is little that they can do.

rog2 · 16 February 2009 at 5:24PM

pebbles88 wrote: »

thats interesting, i did not realise that that was all it took for a cca to be unenforcable. it gives me hope as natwest have put my limit up several times over the years without asking me, simply sent a letter saying it had been done!

To be honest, peb, it's a bit more than that, although that clause (or lack of it) can, in itself, be sufficient to render a cca unenforceable.
For a more detailed post (thanks to Weller) on what a cca must contain, in order to comply with the demands of the consumer Credit Act, 1974, click on the following link:

http://forums.moneysavingexpert.com/showpost.html?p=7869437

pebbles88 · 16 February 2009 at 6:07PM

rog2 wrote: »

To be honest, peb, it's a bit more than that, although that clause (or lack of it) can, in itself, be sufficient to render a cca unenforceable.
For a more detailed post (thanks to Weller) on what a cca must contain, in order to comply with the demands of the consumer Credit Act, 1974, click on the following link:

http://forums.moneysavingexpert.com/showpost.html?p=7869437

Thanks Rog2,

off i wander to go have a look!

pebbles88 · 16 February 2009 at 7:04PM

weller711 wrote: »

The Pescribed Terms are these

A Amount of credit
A term stating the amount of credit

B Repayments
A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-
(a) Number of repayments;
(b) Amount of repayments;
(c) Frequency and timing of repayments;
(d) Dates of repayments;
(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

C Rate of interest
A term stating the rate of interest to be applied to the credit issued under the agreement
D Credit limit
This may be a term or the manner in which it will be determined or that there is no credit limit.

ok,

well after having a good look through what natwest have sent me, on the photocopied leaflet that they sent , nowhere on that does it have any of the above, well not that i can see, what they have sent is a copy of the leaflet from the style of booklet that i filled out originally, but none of my details on it, not are there any spaces for any details at all.

other thing they sent is, a copy of a recent statement, and also a copy of the letter that comes with a replacement card. now that has my name and address on it obviously, and a credit limit, then the usual destroy old card etc.

they stapled a copy of a Credit Card Agreement to the back of that, but a recent one, which looks new due to the charge for non payment being £12 (as per miss M deducted! ), again has no details nor space for any apart from the credit limit of 10,000, but again this proves that its not what it was at the start of me taking the card as my first limit was only 1000.
its like something that you could just ask for a copy of over the counter IYSWIM??

Cca Requests Updates Please

Comments

Confirm your email address to Create Threads and Reply

🚀 Getting Started

Categories

Is this how you want to be seen?

Get our FREE Weekly email full of deals & guides - and it’s spam-free