CAA request updates / results part 2

fermi

never-in-doubt wrote: »

Cheers (foxy ears) :D

:mad::mad::mad::mad:

never-in-doubt

fermi wrote: »

:mad::mad::mad::mad:

Want a laugh, courtesy of smile! #550

I love it mate - brilliant case of fraud if I ever seen one

impetus

NID mate,

I have been sent an application form by MBNA signed by me.

It says at the top "The MBNA Platinum Plus Application Form" dated 05/04/01

They state in their letter they have enclosed the following:

a: A copy of your executed agreement
b: Your up to date terms and conditions
c: A copy of your most recent statement

Simple question. I assume above is unenforceable and MBNA are !!!!ing into wind?

As my credit rating thanks to Barclaycard being a bunch of !!!!!! is about to go into meltdown I may as well start looking at these CCA agreements a little bit more closer.

MBNA is an application, nothing more! How do I stand?

The only thing I notice is by the signature it does say "This is a credit card agreement regulated by the Consumer Credit Act 1974,. Sign it only if you want to be legally bound by its terms"

Does this mean it is an "Agreement" and not an "Application" as indicated at the top of the form?

never-in-doubt

impetus wrote: »

NID mate,

I have been sent an application form by MBNA signed by me.

It says at the top "The MBNA Platinum Plus Application Form" dated 05/04/01

They state in their letter they have enclosed the following:

a: A copy of your executed agreement
b: Your up to date terms and conditions
c: A copy of your most recent statement

Simple question. I assume above is unenforceable and MBNA are !!!!ing into wind?

As my credit rating thanks to Barclaycard being a bunch of !!!!!! is about to go into meltdown I may as well start looking at these CCA agreements a little bit more closer.

MBNA is an application, nothing more! How do I stand?

The only thing I notice is by the signature it does say "This is a credit card agreement regulated by the Consumer Credit Act 1974,. Sign it only if you want to be legally bound by its terms"

Does this mean it is an "Agreement" and not an "Application" as indicated at the top of the form?

Hiya,

just send this off to them - you're right, it is not enforceable with a set of terms!

Dear Sirs,

Account No: XXXXXXXX

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account

I note that you have replied to my CCA Request by sending a copy of Terms & Conditions and not a True Copy of the alleged Consumer Credit Agreement, in line with my formal request. As such, I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations, apart from the information that the Regulations provide that you may exclude, the copy must be a 'true copy' of the agreement.

This breach of the agreement can be demonstrated as follows;

Section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of Document Regulations and in this care in particular to SI 1983/1557.

Before leaving section 180 there are two other sections that should be mentioned, which are;

Section 2(2) (a)
A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

And more importantly

Section 2(b)
A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

You will see that this quite clearly states that whilst certain items may be left out of the copy document, the rest of the document must be in the form and contain all items as prescribed by the regulations.

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions. It does, however, state that 'all terms and conditions should be within the agreement document and is explicit of the form in which it is presented'.

In either case, please confirm that you have, in your possession, a credit agreement that is in all ways fully compliant with the Consumer Credit Act 1974, as amended, and the subsequent regulations made there under. For the avoidance of doubt, if you are in possession of such a document, but are unable to supply me with a true copy of it, please outline your reasons why you are unable to supply it to me in your reply.

Furthermore, I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.

I look forward to your response within the next 14 days.

Yours faithfully

Sign digitally

never-in-doubt

impetus wrote: »

The only thing I notice is by the signature it does say "This is a credit card agreement regulated by the Consumer Credit Act 1974,. Sign it only if you want to be legally bound by its terms"

Does this mean it is an "Agreement" and not an "Application" as indicated at the top of the form?

No mate, it is an application form agreement regulated by the CCA! It is not the actual consumer credit agreement regulated by the consumer credit act 1974 is it? - It should be for it to be classed as a CCA!

All templates and step by step process etc are here: Unenforceability & Template Letters II

Susie56

never-in-doubt wrote: »

No mate, it is an application form agreement regulated by the CCA! It is not the actual consumer credit agreement regulated by the consumer credit act 1974 is it? - It should be for it to be classed as a CCA!

]


If it contains the prescribed terms within the application document or they are referenced to overleaf or to a booklet provided at time of signature then it will be enforceable by the courts.

never-in-doubt

Susie56 wrote: »

If it contains the prescribed terms within the application document or they are referenced to overleaf or to a booklet provided at time of signature then it will be enforceable by the courts.

Will you please go away - every one of your posts has been reported plus you don't have a clue (i've given up reading your silly posts)! :mad::mad:

impetus

never-in-doubt wrote: »

Want a laugh, courtesy of smile! #550

I love it mate - brilliant case of fraud if I ever seen one

WOW - makes you realise what a bunch of crooks these banks are!

impetus

never-in-doubt wrote: »

Will you please go away - every one of your posts has been reported plus you don't have a clue (i've given up reading your silly posts)! :mad::mad:

Cheers Nid. What Susie doesn't realise is I am (at the moment) trying to pay these creditors but if they make my life hard I will ensure they are reminded of the rules too! I dread to think how much interest I have paid them! :eek:

When the phone goes 12 times a day from one creditor only it does become tedious! She should get a "real" life, I assume she works in a credit card company?

fermi

impetus wrote: »

Simple question. I assume above is unenforceable and MBNA are !!!!ing into wind?

Does it contain the prescribed terms?

That is what we really need to know....