Unenforceability & Template Letters II

benboy

I would like to post a CCA received from Lloyds tsb but a message appears saying I can't post links as I am a new user.

savysaving

NID replying to someone who said : 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?

NID replied Yes :
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.


I believe your responce was a bit hasty NID,

Paragraph 8 of Schedule 1 specifies the information as to the credit limit to be given in a running-account credit agreement and sets out five different ways in which the information may be given HOWEVER
three of those five ways are carried over into paragraph 3 of Schedule 6 for the purposes of the prescribed terms !!!!


Therefore if the credit agreement was not signed and dated by the creditor then a document containing the PRESCRIBED TERMS (p3 s6) and signed by the debtor is necessary otherwise the credit agreement is unenforcable !

In other words in a one document Credit Agreement the credit limit must be specified or the way of its determination, it is not good enough to say 'we will inform you of the credit limit' .


Cheers

Numpty_Monkey

Thanks for the letter Niddy:beer: going to send it today
Hope you and fermi don't mind keeping it to PMs for now
as it is a bit of a strange one, and probably easy to trace

DeBilde

An update from me NID:

Barclaycard - Replied to letter 3 with that's all you getting. They sent TC's. I ceased paying them in Nov 08. Is it just sit and wait now?

Argos - No reply to 2 it has been in total 49 days since I sent the original request. They sent a letter the other day saying pay or we will pass it on to an external DCA. Is it letter 11 I need to send when this happens?

MBNA - Finally sent what looks like a compliant CCA, prescribed terms and a X in the signature box as it was done online, does look like a reconstituted doc but I am guessing with it being online it is hard to prove. Setting up a payment plan with them now.

Barclays Loan - No reply from letter 1 which was sent last Friday so time left yet.

SkyCard - No reply to letter 2 as yet. As Argos it has been 49 days, not paid since Nov 08

Morgan Stanley - No reply to letter 3 as yet.

LexieLou

never-in-doubt wrote: »

Maybe start your own thread by clicking here: Debt-Free Wannabe

I'd rather not give advice being you've broken the cardinal rules of unenforceability - 1. Using a claim company and 2. Paying!

At the end of the day you're paying for a service so use it! Sorry but that's the truth of the matter - ask the claim company and see what they tell you lol

I am a bit disgusted to say the least with your response, especially when I started using the claims company this type of action against credit cards this was very much criticised in the forum. Now there are at least two threads for it.

So thanks for your response and good luck with everything

burton_trade_kitchens

Hi NID,
I posted yesterday to you reference : My reconstituted agreement recieved from Britannia cc.
The pescribed terms all seem to be on the agreement, and my address is correct etc.
Is this the end of the line with this one for me ???
If I continued not to pay and they take me to court will they still need to produce the origional agreement as a defence??
The fact that they have sent me a reconstituted agreement would surely suggest they do not have the origional. I recieved this credit card without asking for it after I took out a loan with them, thus am almost positive that I never signed a credit agreement for the card.
Please help !!!!! the thought of them beating me now is horrible.....
Especially as I am doing so well with the others....
Thanks for your time I know you are very busy.
All the best Stuart.

burton_trade_kitchens

NID.
Is it possible they have just used the details off my loan agreement with them to reconstitute my so called cc agreement. As I am almost positive one was never signed and returned to them.
Cheers Stuart

-MRS_T-

Hello

I am hoping someone could give me some advice please. I will try and explain the situation as simply as I can.

My husbands step mum died recently and we have since found out that she had racked up almost 30k worth of debt without her husband knowing about most of it. Anyhow one of the large loans is appx £15,000 with the royal bank of scotland. We are unsure as to how they gave her this loan as she hasnt worked to due to ill health since she was in her 20s and her husband is retired. So we asked the bank for a copy of the agreement as it is seemingly in both names and my father in law knew nothing about it and doesnt remember signing any paperwork.
The bank have came back to us after weeks of searching to say they cannot find the original paperwork.

Anyhow I was reading this thread and was wondering if the first template letter would be suitable to use to ask for a copy of the original credit agreement.

We are unsure as to where my father in law stands with this so we are going to seek professional advice.

I would appreciate any advice that anyone could give me.

ps sorry for the long post

never-in-doubt

LexieLou wrote: »

I am a bit disgusted to say the least with your response, especially when I started using the claims company this type of action against credit cards this was very much criticised in the forum. Now there are at least two threads for it.

So thanks for your response and good luck with everything

Disgusted? Why..?

You aksed a question and I stated that as you're paying for a service then use them to answer your questions, surely? After all, aren't they the specialists? :rotfl:

never-in-doubt

burton_trade_kitchens wrote: »

NID.
Is it possible they have just used the details off my loan agreement with them to reconstitute my so called cc agreement. As I am almost positive one was never signed and returned to them.
Cheers Stuart

Hiya,

It could well be the case - after all, as you say - why send a reconstituted agreement when they could simply copy the original? Seems onimous - but yea, if they wanted to take you to court they would need the original agreement and at that point you then agree to a repayment plan I guess.