Unenforceability & Template Letters III

averageguy11

never-in-doubt wrote: »

Hiya

To make posts easier to read click the quote button as opposed to the reply button and the original message you're replying to appears

Regards to the above, when you say MS - you mean Microsoft? And did you sign any sort of agreement, if it is credit then you should have signed something?

Cheers..wondered how u do tht..lol

MS = Marks & Spencers

Can't recall what I signed it was at least 5 years ago...must have been an application form of some sort.

roadster

Evening Mate

Hope you had a good day.

Had a letter today from Mint. Final response etc - do not consider the account to be in dispute and they have fully complied with my request under CCA s78 and will be pursuing me for the full repayment. Any non payment wil be recorded and a default added thereafter. Should i remain dissatisfied refer to the FOS or any other legal redress i consider to open.

I have the link here to what they have sent me, http://s789.photobucket.com/albums/yy173/roadster_04/
you took a look a couple of weeks ago and said it was unenforceable. Having read through it the last paragraph reads - I accept and agree to be bound by the general conditions applying to the card as set out separately and the details about the card as set out overleaf, both may ammended from time to time. They have included a copy of the t&c at the time and current all uploaded on the above link. Would you do me a massive favour and cast your eye over them just to be 100% and of course you expert opinion as to what to send them either way.

Thanks again - your a legend

Playboy999

Cheers Never-In-Doubt.

Correct me if im wrong but have the court just ruled that a creditor can still take you to court without a signed credit agreement?

never-in-doubt

averageguy11 wrote: »

Cheers..wondered how u do tht..lol

MS = Marks & Spencers

Can't recall what I signed it was at least 5 years ago...must have been an application form of some sort.

Ahh is it the M&S chargecard? Or credit card? or was it the Personal Reserve cheque (loan) for £3000 ? below is their main card.....



You can still CCA them though..... have you got a large balance?

never-in-doubt

Playboy999 wrote: »

Cheers Never-In-Doubt.

Correct me if im wrong but have the court just ruled that a creditor can still take you to court without a signed credit agreement?

I'll correct you then, nope - never heard of such nonsense :rotfl::rotfl::rotfl:

My signature spells it out mate - no agreement = no court, simples, easy and legal.

never-in-doubt

roadster wrote: »

you took a look a couple of weeks ago and said it was unenforceable. Having read through it the last paragraph reads - I accept and agree to be bound by the general conditions applying to the card as set out separately and the details about the card as set out overleaf, both may ammended from time to time.

My only real question would be was this page on the rear of the application form http://s789.photobucket.com/albums/yy173/roadster_04/?action=view&current=Image2.jpg

also is this the same page but bigger, http://s789.photobucket.com/albums/yy173/roadster_04/?action=view&current=Image6.jpg if not - what is it? A duplicate?

I'm slightly confused as to what all the documents are and how they were originally supplied - can you remember mate, i.e. was one of these on the rear of the application form? Thing is, as you've guessed they are both the prescribed terms and I think they have reconstituted them - but need to know if you recognise them in any way or if they were on the back of the application form, as they suggest when you see this:

I accept and agree to be bound by the general conditions applying to the card as set out separately and the details about the card as set out overleaf, both may ammended from time to time.....

averageguy11

never-in-doubt wrote: »

Ahh is it the M&S chargecard? Or credit card? or was it the Personal Reserve cheque (loan) for £3000 ? below is their main card.....



You can still CCA them though..... have you got a large balance?

Ive got the cc and the pnl res...about 5k in total

(Just for yur info i was 50k now down to 14k thru some capital raising..some f/f deals...and a bit thru the monthly payments on dmp...MS dont seem to bad (at mo)...CAPONE starting to play silly !!!!!!s..and the balance over 2 lloyds accounts..they arent the best to deal with especially if u get shunted thru to the indian call centre who seem to think u can live on eating peanuts and walk around naked as they dont seem to think u shud buy clothes to replace worn out ones)

Jacobs_Crackers

Hi Nid,
I've had my CCA response back today for my Lloyds TSB CC account & I'm just SO excited I had to let you know! The silly sods can't find the agreement & have sent me the terms & conditions. :rotfl: They say they are endeavouring to find the original, but I am to be assured that they would not have opened the account without sight of it! We've all heard that one before haven't we!
It hasn't got the biggest balance on it you've ever heard of - 9k - but this is A LOT of money to me.
So, my plan now is to crack on with your template letter CCA query 3.2 & see what they have to say about that!
Thanks a million,
JC.
x
(If I was the queen, I'd give you a knighthood!)

razer12121

never-in-doubt wrote: »

I'll correct you then, nope - never heard of such nonsense :rotfl::rotfl::rotfl:

My signature spells it out mate - no agreement = no court, simples, easy and legal.

can i just ask, does this apply to aggrements made after april 07 aswell?

never-in-doubt

razer12121 wrote: »

can i just ask, does this apply to aggrements made after april 07 aswell?

No! Pre 04/07 only. Everything on this thread is pre April 07 - nothing on it relates to post 04/07.

So can a lender take you to court after 04/07, without an agreement? Yes, as they could now I s'pose but unlike the present time (no agreement = no judgement) they can obtain judgement for post 04/07 agreements.....


edit see post below - this explains post 04/07 agreements a little bit as it is relevant I guess.....