Unenforceability & Template Letters II

I_Love_Crisps

Hi Nid

Have sent you Mint and Mbna to have a look at...just noticed that Mint is part of Royal Bank Of Scotland and have moved my mortgage to the Halifax this week...could this be a problem if I go down the route of unenforceable?

There are some pretty scary threads on other parts of the forum regarding people been taken to court by people like Mbna, like this one....http://forums.moneysavingexpert.com/showthread.html?t=2252365

Is this because they did'nt do a cca and send any of the letters on here? so they are in a different state to us on here?

Cheers...

never-in-doubt

scarednshakin wrote: »

Hi NID

Got contact from Moorcroft today on behalf of Bank of Scot. They have sent out an application for with OH's sig on it and it says on the application form 'credit card agreement regulated by CCA 1974'. Also sent T&C, current one and also what is the original but has a different address to the application form.

The application form has the right address for when the card was taken out but the T&C is a much later address. What do I do next? Many thanks as always SNS

Can you clarify what you mean, exactly?

Ok, you should get a copy of the agreement/application whatever and a copy of the terms in place at the time the agreement was in place and a copy of the current terms.

So, if you're saying the terms you have don't have the correct address, this could be ok - the point is, do you have a current and original version of terms?

Basically, from what i'm reading you're suggesting that the original terms they have sent you has an address on it that you didn't even know about at the time the account was taken out? Is this correct?

If so they've messed up

never-in-doubt

I_Love_Crisps wrote: »

Hi Nid

Have sent you Mint and Mbna to have a look at...just noticed that Mint is part of Royal Bank Of Scotland and have moved my mortgage to the Halifax this week...could this be a problem if I go down the route of unenforceable?

There are some pretty scary threads on other parts of the forum regarding people been taken to court by people like Mbna, like this one....http://forums.moneysavingexpert.com/showthread.html?t=2252365

Is this because they did'nt do a cca and send any of the letters on here? so they are in a different state to us on here?

Cheers...

Mate Halifax have nothing to do with RBS - lol, you getting confused with inter-banks lol

I dont know about other stories mate, but you'll be fine - we're here to watch out for you. Other people have been given mis-advice as a result of people not knowing process or advising them to fight it in court - something I totally avoid at all costs (as it is pure dangerous and could set a future presedent)

Unenforceability is unique to each person and their agreement - you cannot generalise things. I'll look at email later today mate and get back to you....

ccqueen

Hi NID

Wonder if you can help me. I sent a CCA request to Link re a sainsburys credit card and they have sent back 3 pieces of paper:

1. terms and conditions
2. signature form
3. details of the online application.

Not sure if there is anything i can do now? would appreciate your advise.

never-in-doubt

ccqueen wrote: »

Hi NID

Wonder if you can help me. I sent a CCA request to Link re a sainsburys credit card and they have sent back 3 pieces of paper:

1. terms and conditions
2. signature form
3. details of the online application.

Not sure if there is anything i can do now? would appreciate your advise.

Hi,

are the prescribed terms (5. Prescribed Terms) on the same sheet as the signature page? If not, send this: 3. CCA Query

NiceNicki

Hi there

Why should letters be digitally signed please? Do you mean that I should not sign any CCA requests etc by hand?

Looking forward to your reply.
Nicki

scarednshakin

never-in-doubt wrote: »

Can you clarify what you mean, exactly?

Ok, you should get a copy of the agreement/application whatever and a copy of the terms in place at the time the agreement was in place and a copy of the current terms.

So, if you're saying the terms you have don't have the correct address, this could be ok - the point is, do you have a current and original version of terms?

Basically, from what i'm reading you're suggesting that the original terms they have sent you has an address on it that you didn't even know about at the time the account was taken out? Is this correct?

If so they've messed up

Hi NID

Sorry for not being clear. They have sent out application form, old T&C and new T&C.

There is no signature on the old T&C and they have an address on it that we moved to 5 years after we took the card out. The only signature is on the application form - hope that helps.

Cheers mate SNS

never-in-doubt

NiceNicki wrote: »

Hi there

Why should letters be digitally signed please? Do you mean that I should not sign any CCA requests etc by hand?

Looking forward to your reply.
Nicki

I replied to your PM - yes, just change the font-type to a fancy font and print with the letter. Do not sign as lenders can cut/paste the sig to an agreement - yes they do it, plenty on here can confirm such tactics are used :eek: :eek:

never-in-doubt

scarednshakin wrote: »

Hi NID

Sorry for not being clear. They have sent out application form, old T&C and new T&C.

There is no signature on the old T&C and they have an address on it that we moved to 5 years after we took the card out. The only signature is on the application form - hope that helps.

Cheers mate SNS

Hiya

Letter 3 from page 1 (CCA Query) - that should sort it mate

- - - 3. CCA Query

ccqueen

Thanks NID query letter sent!