Unenforceability & Template Letters II

never-in-doubt

Go_on_martin_lewis wrote: »

Hey NiD and anyone else who is familiar with barclays procedure.

burton_trade_kitchens wrote: »

Hi Go On Martin Lewis
I am at the same stage as you with the process and have been hit with the same letters from the same credit card provider.
By the sounds of it I started the same process about a month or so before you judging by the responses you have had.
My advise is chill out as they are slowly stopping to contact me now and things are slowing down on their side.
I think NID's advise is excellent and we need all not worry..
It's them that have to proove otherwise..
Good luck and keep us informed of progress.

Go_on_martin_lewis, as burton trade kitchens has said, the letter you have is a replica of several people's response from Barclays. It is not unique and addressed directly at you, moreso their legal response to our claim of unenforceability - they send the same template to all queries (its my 8th time of seeing it now).

Just leave them to dwell, don't worry.

No response is necessary.

BANNEDfromTV

never-in-doubt wrote: »

Hiya

From what you've said it sound enforceable - remember some are! Unfortunately it may be best to continue paying this one. :mad:

Thanks NiD,

Just to clarify then all they need to do is tell me my credit limit will be varied rather than state an actual limit on the executable agreement?
Also the size of the copy is tiny too (clutching at straws here lol) and finally it isn't signed by a member of mbna either , it does have a typed name and date on it though.

Should I accept defeat here?

never-in-doubt

BANNEDfromTV wrote: »

Thanks NiD,

1. Just to clarify then all they need to do is tell me my credit limit will be varied rather than state an actual limit on the executable agreement?

2. Also the size of the copy is tiny too (clutching at straws here lol)

3. Finally it isn't signed by a member of mbna either, it does have a typed name and date on it though.

4. Should I accept defeat here?

Hiya

Point 1 - The regs state it may be expressed as any of:

(a) a sum of money;

(b) a statement that the credit limit will be determined by the creditor from time to time under the agreement and that notice of it will be given by him to the debtor;

(c) a sum of money together with a statement that the creditor may vary the credit limit to such sum as he may from time to time determine under the agreement and that notice of it will be given by him to the debtor; or

(d) in a case not falling within head (a), (b) or (c) above, either a statement indicating the manner in which the credit limit will be determined and that notice of it will be given by the creditor to the debtor or a statement indicating that there is no credit limit.

Point 2 - Sorry, the size doesn't matter so long as it is legible - it does have to be legible (i.e. can you actually read it?)

Point 3 - It doesn't need a signature to be enforceable, unfortunately.

Point 4 - Seems so mate - or just stop paying and do nothing, worse case scenario they may CCJ you :rolleyes: :rolleyes:

BANNEDfromTV

never-in-doubt wrote: »

Hiya

Point 1 - The regs state it may be expressed as any of:



Point 2 - Sorry, the size doesn't matter so long as it is legible - it does have to be legible (i.e. can you actually read it?)

Point 3 - It doesn't need a signature to be enforceable, unfortunately.

Point 4 - Seems so mate - or just stop paying and do nothing, worse case scenario they may CCJ you :rolleyes: :rolleyes:

Doh, doh and triple doh.

Thanks for the advice. Yes it just legible, it's just small is all. Very very small.
Sounds like they have this on sewn up and I don't fancy a CCJ. I have another account where the balance could be transferred but I actually like that organisation and they've been reasonable with me, mbna have been complete and utter [insert swear word].

hulmey14

Hi all hope you can help.

Ive just attemtped to apply for a remortgage with the woolwich , whilst going through the apllication process the advisor did a credit check and told me I had a default on my credit file ?? I was totally unaware of me having any adverse credit history . Thus I stopped the application and after some advise gained access into experian and equifax . There stuck on my credit file was a default for £3940 from Arrow Global dating back to 2006?? it appears on both CRA files , however equifax gives more detail, it says that in July 2004 the balance was £0 then in August 2004 in rose to £3940?? there have been no payments against the account at all . Please could you give me some advise as to the best way to handle this , I know nothing of the debt and wondered if I should go through the process you have explained in your template letters or is this a more a matter of the fraud prevention people?? either way I need to get this default of my credit file ASAP as it will effect my ability to obtain a competitive re mortgage as I had an excellent credit rating Please Help

never-in-doubt

hulmey14 wrote: »

Hi all hope you can help.

Ive just attemtped to apply for a remortgage with the woolwich , whilst going through the apllication process the advisor did a credit check and told me I had a default on my credit file ?? I was totally unaware of me having any adverse credit history . Thus I stopped the application and after some advise gained access into experian and equifax . There stuck on my credit file was a default for £3940 from Arrow Global dating back to 2006?? it appears on both CRA files , however equifax gives more detail, it says that in July 2004 the balance was £0 then in August 2004 in rose to £3940?? there have been no payments against the account at all . Please could you give me some advise as to the best way to handle this , I know nothing of the debt and wondered if I should go through the process you have explained in your template letters or is this a more a matter of the fraud prevention people?? either way I need to get this default of my credit file ASAP as it will effect my ability to obtain a competitive re mortgage as I had an excellent credit rating Please Help

Is this your debt or not? Simple question?

If not, you contact the CRA's using the reference from your recent report and tell them so. They should then remove it easily enough!

Arrow Global are cowboys - see here: http://www.arrowglobal.net/

astravanman

Thanks N-I-D.

I’m dealing with 8 creditors on behalf of my friend who got into difficulties and burried their head after been made redundant. Following the excellent advice I have sent the CCA requests (4 out of the 8 have been confirmed delivered) and received the below back from NatWest. This was from a current account which had an agreed overdraft limit. The account is already defaulted and closed down by the bank (after bouncing all the DD’s and whacking on charges, which they continue. The agreed o/d limit was £500 with today’s balance owing around £1300 (Made up mostly of their late payments & another charge whacked on top for going over the limit. Doing a bit of reading is it correct that overdrafts don’t come under the CCA rules? Here’s what they sent back:

---

Re: Request for copy, Credit Agreement under Section 78 of the Consumer Credit Act 1974
Account No:

Under section 78 of the Act, on receipt of a written request, the Bank is obliged to provide:

* a copy of a signed agreement (if any)
* any other document referred to in the agreement
*a note of the state of the account (i.e. the balance, details of interest and charges outstanding and the applicable interest rate) signed by a representative of the Bank.

It is important to point out that the Bank does not require customers to sign an agreement under the CCA in order for an overdraft facility to be applied to their account. Therefore, a copy of the signed agreement is not available, and is not required to be provided to you under the terms of section 78.

All borrowing facilities are agreed in accordance with the terms and conditions of your account, and overdraft facilities are finalised by way of confirmation letter. Each time your limit was amended, in accordance with the Bank’s standard practice, a confirmation letter would have been sent to you advising you of the new limit and any additional terms and conditions applicable.

Please find enclosed a sample letter similar to that which would have been sent to you to confirm the overdraft facility applicable to your account.

never-in-doubt

astravanman wrote: »

This was from a current account which had an agreed overdraft limit. The account is already defaulted and closed down by the bank (after bouncing all the DD’s and whacking on charges, which they continue. The agreed o/d limit was £500 with today’s balance owing around £1300 (Made up mostly of their late payments & another charge whacked on top for going over the limit. Doing a bit of reading is it correct that overdrafts don’t come under the CCA rules? Here’s what they sent back:.

An overdraft doesn't conform to CCA as no agreement would be signed mate.

Wispa1

Hi Guys, hope you are all enjoying the lovely snow!!!

I wonder if you could pass your comments on whether you think MBNA have complied to my cca request please.

On sheet 1, they have sent me a copy of a "credit agreement regulated by the CCA 1974" which is on a 1/4 sheet of A4 paper. The only prescribed term that is on here is the credit limit. My sig & the company sig is on there. There is a sentance that says "before you sign, please read section 11 in the Terms & conditions provided".

On the other side of this paper is a copy of the "financial & related conditions of the virgin credit card". All of the prescribed terms are on here. However there are no account numbers or ref numbers to link it to sheet 1 - would this still be enforceable as they are not on the same page

They have then sent a copy of "the CCA act" which is over 4 pages long. This has my name & address details typed on it but no signatures. Also as there are no dates, I am assuming it is a recent one

They have not sent seperate T&C's but when you relate section 11 back to the CCA act of 4 pages long - this refers to a section titled "Altering the agreement" and refers to interest rate changes and changes in benefits.

The account was opened in 2002, I have stopped payments & it has had a default added previously. All your help in this would be appreciated as I am a bit confused about this one. With many thanks for your help in advance

chrisrzr

Hi NID

Spurred on by initial sucess I am thinking of challenging the two CCAs which were sent to me on the following grounds:

MBNA - The CCA refers to section 9.1 which is not on the CCA or the latest T&Cs sent with it

NATWEST - The CCA makes no reference at all to APR or repayment schedule. It is in the T&Cs which were also sent (not sure if these were original or latest)

What do you think, are these grounds for unenforcability?

Many thanks