nationwide and copy of agreement.

sandraroffey

dont even know if i am on the right place here. can any help on this?? my son has been paying frederickson international an old national wide credit card debt. on advice on here i asked for a copy of his signed and executed agreement. i have no means of posting it up oin here, nor do i have a camera to do the same, so i am going to describe it fully in the hope that someone can help. or can i send it to someone??? ok here goes:

it is on A4, but the sheet is turned sideways - horizontal rather than portrait. there are 4 columns. going left to right:

first column is headed 'credit card application' plus his name and address and previous address, choice of card etc. and his nationwide bank account number.

second column: password, employers details, other borrowing, is card protection required. (NO) .

third column: marital status, details of the branch holding his bank account, additional card holder.

fourth column is headed 'credit agreement regulated by the consumer credit act 1974'. his signature plus bumpf for branch use only. there is also lots of very small print under the heading 'declaration' such as he knows they will do a search, he can ask them for leaflets etc. there is one small para that says:i am asking you to issue me with a credit card and that your conditions, which i have read, will apply.

this is only a photo copied sheet and no terms and conditions were sent with it. there is nothing on the sheet they sent about interest, credit limit , charges etc.

the request for this information was sent to the DCA and they have clearly got it from nationwide, it took a while to come, and it was sent to my son by the dca, not nationwide. is this enforceable as it is. the DCA are now chasing, whereas they had put the account on hold whilst the information requested was forthcoming.

the form is dated 20th march 2001.

i also have one from mbna which i will be putting up a detailed description of, later.

dunstonh

can any help on this??

what are you trying to achieve?

Surely not unenforceable credit as that is a dead duck. Courts are consistently ruling in favour of the lender.

sandraroffey

oh god. so confused. sorry. i first put this description up on 'the other site'. should have know better really. no response after quite a while so put it up on here. and this is the site i use all the time anyway. the whole point of my exercise was this. i had made a comment about frederick international and that my son was paying them. i was then asked if the dca had the right to collect; ie. the right paperwork/agreement etc and was then advised to ask for a copy of the agreement. to see if it is enforceable or has been executed correctly. does that help??

sandraroffey

didnt know that about the courts. oh well. have to make a reasonable offer of paying it off then.

Premier_2

If your son borrowed the money, he's got to pay it back. (with contractual interest and charges)

bengal-stripe

sandraroffey wrote: »

the form is dated 20th march 2001.

I'll take it, your son was over eighteen in 2001, so he must be (at least) in his late twenties now.

Why do you still feel the need to sort out his problems? Isn't it about time to cut the apron strings?

sandraroffey

yes. he is actually 31, but i offered to help, especially as he is still in a complete breakdown after his father tried to kill us all. if he could deal with it himself, he would.

so now we will go back to the DCA and make a reasonable offer of a monthly payment. wont be much. his only income is incapacity benefit.

dunstonh

The "unenforceable credit" theory was put out by some claims companies (many of which have since shut down). There were a number of test cases in December last year which ruled in favour of the lenders. It is theoretically possible to still get a court to make a debt unenforceable but it requires a lot more than an error on the credit agreement. The courts seem to have taken the common sense view that you borrow the money, you spend the money, you pay the money back.

sandraroffey

definately back to the DCA then. thanks for your help.xx