Unenforceability & Template Letters II

never-in-doubt

zondervan wrote: »

Any advice on whether this Cahoot Credit Card CCA is enforceable would be welcomed.

It dates from 2001. It states that "By signing this agreement, you confirm that you have read and accept the cahoot account terms and conditions, a copy of which are enclosed. The agreement will only be binding on us when you have signed and returned the agreement to us and we have completed our final checks".

The 17 pages of terms and conditions that have been sent with it date from April 2007 (rather than those applicable in 2001).

http://i873.photobucket.com/albums/ab294/zondervan1/Cahoot%20CCA/SCAN0042.jpg

http://i873.photobucket.com/albums/ab294/zondervan1/Cahoot%20CCA/SCAN0041.jpg

They should be sending both sets of terms, i.e. one from the date the account was taken out and any substitute terms made from them to date.

Can you advise though, how does the above have your signature on it if you state they are from 2007, yet they are dated 2001? I'm confused a little.....

never-in-doubt

zondervan wrote: »

Do you consider this MBNA CCA to be enforceable?

It also dates from 2001.

I am not entirely sure whether the terms and conditions shown down the left hand side of the 1st page were actually present on the original application form.

http://i873.photobucket.com/albums/ab294/zondervan1/MBNA%20Plat%20Plus%20CCA/SCAN0025.jpg

http://i873.photobucket.com/albums/ab294/zondervan1/MBNA%20Plat%20Plus%20CCA/SCAN0026.jpg

The terms were normally down the left so it may well be original. However, can you confirm on here: http://i873.photobucket.com/albums/ab294/zondervan1/MBNA%20Plat%20Plus%20CCA/SCAN0025.jpg

whether point 2 down the left actually has an APR or does it read along the lines of 'we will chose your interest rate'? I cannot see what it says?

Basically if this is your original form (you should know with the handwriting) then I don't think you have much to argue over, other than lack of prescribed terms, in which case i'd send the 3. CCA Query letter regardless.

Flower567

Hello Everybody

So have posted on here a couple of times in regards to a credit card with MBNA. By way of update, I sent the first letter requesting agreement, no response, after expiry sent second letter, still no response after 30 days so sent the dispute letter - this was on 24 January 2010. However, have now received a letter dated 26 Jan from MBNA apologising for not responding and stating that they are awaiting the information from another lender - MBNA acquired the account. However, they have also stated that due to the McFuffick case payments should still be made to the account - stating that in this case the Judge confirmed that the lender can still demand payments. I have also noted from the statement that they are still adding interest and charges as stopped paying this card in December - I was just wondering if anybody thinks I should respond to this letter or just leave it.

Thanks.

Flower567

Flower567 wrote: »

Hello Everybody

McFuffick case
Thanks.

Sorry - McGuffick

martinjohn

here is a very interesting thread on the egg card issue of unenforceability. it contains a response from egg with regards to the "approved limit" term and other issues the person brought up. It doesnt look good on the grounds he was bringing up if they are of course "right"! :eek:

http://www.consumeractiongroup.co.uk/forum/egg/244235-jdec-egg.html

never-in-doubt

martinjohn wrote: »

here is a very interesting thread on the egg card issue of unenforceability. it contains a response from egg with regards to the "approved limit" term and other issues the person brought up. It doesnt look good on the grounds he was bringing up if they are of course "right"! :eek:

http://www.consumeractiongroup.co.uk/forum/egg/244235-jdec-egg.html

Egg are due in court in march regards to this, things will come to a head (one way or another) then.

martinjohn

never-in-doubt wrote: »

Egg are due in court in march regards to this, things will come to a head (one way or another) then.

there legal team shouldnt be spouting stuf fout then lolu! whose gonna win... im begining to think the banks will....even IF they are "wrong" which in some cases they truly are. PERIOD.

i think i may go and try to find any copies of agreements i have in the big dark closet of mine!

roadster

Hi all

NID do you mean it will come to an Egg head. roflmao

Johnboy70

Hi All
Im new to this I am looking for some advice on 2 loans I have with abbey
1 was in Feb 2006 and the other in Feb 2007. I spoke to one of these companies that do it all for you but the charges were to high and then i came across this sight and I have to say some of the advice give is fantastic.Anyway enough of the waffle they informed me that there could be problem with the T&C on bothe loans and its from there I dont know what to do.I have requested Credit agreements from Abbey in the past re these 2 loans and paid for them but never received them as they seem to sen everything to the wrong address. anybodys help would be most grateful.

John

a

never-in-doubt

Johnboy70 wrote: »

Anyway enough of the waffle they informed me that there could be problem with the T&C on bothe loans and its from there I dont know what to do.I have requested Credit agreements from Abbey in the past re these 2 loans and paid for them but never received them as they seem to sen everything to the wrong address. anybodys help would be most grateful.

Hi & welcome to MSE

Can you confirm have you moved address since the loans were taken out, is that why they are replying to the incorrect address maybe? Please confirm then i'll be able to help better...