Unenforceability & Template Letters II

Wispa1

Hi - I forgot to say that they also sent me a statement of account with my request but nothing else. Thanks:D

Pressers

Hi again NID. You have been giving me excellent advice (486 & 805) and I now have another query. Basically (and please excuse my ignorance here) is a Credit Card Application form the same as a Consumer Credit Agreement? In other words, is a Credit Card Application what we expect to get when we write to ask for a copy of our CCA?
We have now had two copies of Credit Card Applications back - one from Virgin (MBNA) and one from First Direct. Both seem to be legit and both have my husband's signature on them. I don't think they have been reconstituted. Does that mean we are sunk - at least as far as these two are concerned? (Barclaycard still just keep sending terms & conds so we're continuing to battle with them/Mercers.) Sorry if this seems a glaringly obvious request but my hubby & I both have a different interpretation of what this now means. Thanks NID.

never-in-doubt

Pressers wrote: »

is a Credit Card Application form the same as a Consumer Credit Agreement? In other words, is a Credit Card Application what we expect to get when we write to ask for a copy of our CCA?

No, you should send this back: 3. CCA Query

Pressers wrote: »

We have now had two copies of Credit Card Applications back - one from Virgin (MBNA) and one from First Direct. Both seem to be legit and both have my husband's signature on them. I don't think they have been reconstituted. Does that mean we are sunk - at least as far as these two are concerned?

Well it does have to be a consumer credit agreement with the prescribed terms intact. Have you checked this? 5. Prescribed Terms

Pressers wrote: »

(Barclaycard still just keep sending terms & conds so we're continuing to battle with them/Mercers.) Sorry if this seems a glaringly obvious request but my hubby & I both have a different interpretation of what this now means. Thanks NID.

Send this to Barclaycard: 3. CCA Query

never-in-doubt

ELMA97 wrote: »

Hi
I was wondering if anyone knows who Apex Credit Management are? like? I am on a dmp with CCCS ad paying a loan(2008-so enforceable) and a credit card 2002-seems not to be enforceable I am ceasing to pay them after this month, Royal Bank of Scotland have passed my loan debt to this company and I have had a letter demanding payment in full or phone to arrange repayment terms but I am paying them through CCCS until I stop paying my cc, which I will then have to cancel my DMP(CCCS don't seem too keen on stopping payments to creditors when in dispute). I was going to go back to paying my loan normally as with not paying the card it could be done but since we defaulted they have added £2500 worth if interest and passed it to these people so no point now, anyone heard of them? Thanks

APEX are a DCA - see here: http://www.apexcm.co.uk/debt-advice

never-in-doubt

Wispa1 wrote: »

Hi - I forgot to say that they also sent me a statement of account with my request but nothing else. Thanks:D

If it contains the prescribed terms and forms the agreement then it could be enforceable, unfortunately. Who is the storecard with?

Wispa1

never-in-doubt wrote: »

If it contains the prescribed terms and forms the agreement then it could be enforceable, unfortunately. Who is the storecard with?

Thanks NID for getting back so quickly. It is a mothercare storecard which was originally with GE Capital but now Santander. As I have got a small balance on it (about £200), if it is enforceable I was going to go down the f&f offer but to do this would it be best to wait until it has been passed to the dca? Thanks for all your help, you are a star. :T

st999

is this of interest to anyone?

http://www.dailymail.co.uk/money/article-1240862/Judge-closes-credit-card-loophole.html

burton_trade_kitchens

I'm sure it doesn't alter anything !!!
NID any thoughts mate ?

DeBilde

Not really. The only thing that has changed is that to satisfy section 78 of the CCA the creditor can send virtually anything to satisfy this part of the act. The important part is still not changed (and can't be from what I can see) is section 128 re:enforcement of the the debt through the courts.

If the Creditor does not have the original copy of the signed agreement with all the prescribed terms contained within in then the debt can't be legally enforced. All that will happen is a default will be registered on you Credit File and that will disapear after 6 years.

Correct me if I am wrong NID but that is how I read the judgement.

DeBilde

NID,

An update from me as follows:

Still no reply from Barclays on my 3 CC with them following the TC's they sent originally.

Barclays have yet to reply to the Loan I have with them.

Argos have not replied but have sent me a letter threatening to put a default on my file and send it onto their DCA if I don't pay the arrears. Is their anyhting I should send them?

The worst part is that MBNA have finally sent through a CCA that looks legit, will try and scan it and send it to you tomorrow.

Cheers