pre-2007 debts

fermi

Note: There has been some argument whether "we will determine your credit limit from time to time" is sufficient, but as far as I know it is still an issue that has not had much prominace or effect.

In other words, unless there is a significant ruling on it then it probably stands.

CeeBeeDeeBee

Thanks fermi. Have you had a chance to look at the application form I posted? http://s640.photobucket.com/albums/uu125/CeeBeeDeeBee/

I guess what I really need to know is can the application form be used as a valid enforcable CCA or whether they need to be separate documents.

Also is it allowable to have a CCA with no reference to the account/credit card number?

captainhaggis

I've asked on another thread, too, but think it might be relevant to this thread :

does a CCA need to have the name of the debtor (i.e. my name) on it? I have a CCA without a name or address on it, only a signature.

never-in-doubt

CeeBeeDeeBee wrote: »

Thanks fermi. Have you had a chance to look at the application form I posted? http://s640.photobucket.com/albums/uu125/CeeBeeDeeBee/

I guess what I really need to know is can the application form be used as a valid enforcable CCA or whether they need to be separate documents.

Also is it allowable to have a CCA with no reference to the account/credit card number?

The application is not the CCA though, I explained this to you it seems to be incorporated within it so you do have a valid CCA in that respect. Regards to the reference/credit card number - no. At the time you make the application they send a CCA to be signed and returned, this should have your name and address clearly typed in (section 1 top left corner or centre of page) so therefore an account number isn't issued until they get the form back. The CCA / App form you posted up is if you like contained within the agreement (i.e. the terms or the CCA is contained within the other).

See what I mean yet...? No number is issued prior to receipt of the signed CCA from you at the time you applied. As your name and address will be on there then it's quite evident it is you - the account number means nothing in the greater scheme of things.

never-in-doubt

captainhaggis wrote: »

I've asked on another thread, too, but think it might be relevant to this thread :

does a CCA need to have the name of the debtor (i.e. my name) on it? I have a CCA without a name or address on it, only a signature.

As above (it needs your name and address on there) - replied in the original thread here: #622

CeeBeeDeeBee

Oopps posted this on the other thread, thanks for taking a look at the application form anyway NID.

My name and address were on page 2 of the application form (page 1 of the CCA), however the details were handwritten by the member of staff instore when applying for the card and not typed, does that make any difference at all?

Also this is the second copy of this document they have sent me, the first hadn't been signed and dated by the creditor, yet when they sent me this copy a signature and date had appeared - should I flag that up or does it not matter?

Thanks

CeeBeeDeeBee

Thanks Never In Doubt. Im not sure if this in enforcable or not but I am telling them it isn't lol.

Which letter do I send them now? The last letter I sent them was the one you did for me on the old Unenforcable thread.

Thanks

never-in-doubt

CeeBeeDeeBee wrote: »

Thanks Never In Doubt. Im not sure if this in enforcable or not but I am telling them it isn't lol.

Which letter do I send them now? The last letter I sent them was the one you did for me on the old Unenforcable thread.

Thanks

Its the new thread! You're flitting between 3 threads for the same help! You need to stick in one place and not duplicate posts

Unenforceability & Template Letters II

Send letter: CCA Query

CeeBeeDeeBee

Thanks NID, I posted again here as I hadn't posted on your nice shiney new thread

I have sent them that letter already and thats when they sent me the application for I posted - is it now the CCA dispute/ section 10 letter to send?

Thanks

MS_Dolphin

never-in-doubt wrote: »

Yes, thats all you do - send the CCA Dispute / S.10 (DPA) letter and ignore them until they send a CCA. They will only be able to default you, nothing more - nothing less.

Have a mooch here for idea's and templates etc: Unenforceability & Template Letters

Hi N-I-D,

Really interested in this statement. Is this it? I guess so unless they decide to take it further and issue court proceedings and go towards a CCJ.

This is also ok if you are happy to live with the defaults etc for 6 years. To date I've had defaults; one doorstep visit; hundreds of phone calls and letters, not to mention the fact that they are still adding interest and charges to the accounts.

I guess what you are saying is that if you can handle all this 'noise' then just wait out the 6 year clock?