Cca Requests Updates Please

MS_Dolphin

As promised, solicitor comments relating to CCA request responses.

MBNA

It is likely that the page with the terms and conditions was part of a larger document but the additional pages have not been sent. As such it is difficult to say whether the Terms and Conditions do relate to the signed document.

The signed agreement does not contain the prescribed terms ie. an APR or interest rate; a credit limit or how it is worked out; the way that the debt will be discharged. Failure to provide these terms would render the agreement to be unenforceable. Further, the signed document does not contain most of the requirements of the Schedule 1 of the 1983 regulations, this would also render the agreement unenforceable without a court order.

The issue that arises is whether the page showing the terms and conditions which are required and if they are part of the signed agreement.

1. It is difficult to say if they are the T and C's that were part of the signed agreement as the rest of the document is missing. Seperate terms and conditions can be part of the agreement if they are referred to in the signed document. In this case, apart from a reference to reading condition 11 (which i cannot see) the signed part does not make reference to the financial part of the T and C's or that the Borrower should read it before signing. As such I do not think that it can said to be part of the executed agreement as required.

2. The financial T and C's does not contain the calculation as to how the interest is calculated ie the total charge and interest should be based on the sum of £100.

I do not believe that the agreement can be enforced at the very least without leave of the court.



Capital One

It seems to be signed by Mr XXX but does not include any additonal Terms and Conditions.

The agreement does not show the APR or interest, notification of what the credit limit is, how the debt will be repaid, no default charges, no calculation for the interest or charge for the credit.

This agreement cannot be enforced.

MBNA/A&L (again)

I am not sure whether the documents before me are the front and back of one document. It seems that it may be.

Breaches:

The signed side does not state who this agreement is between.
No APR
Credit limit statement missing
How the money is to be repaid.

It also missing a whole number of other requirements.

The question then, is the T and C's part of the agreement.

There is a very good arguement that they are not, althought agreement states before signing confirm that you have read the T and C's. They state that they are Alliance and Leicester's T and C's. But it seems to be MBNA's agreement and T and C's.

However, whatever the agruement the T and C's are wrong as it does not state how the APR/interest is calculated/based on. This makes the agreement to be unenforceable but with leave of the court.

And again MBNA

The agreement before me is from MBNA and sees to be two sides of the same document.

There is a simular arguement over whether the T and C's are part of the signed agreement. In this case it is more difficult to argue that the T and C's are not part of the signed agreement. The T and C's does show the prescribed terms, APR is shown, how the credit limit will be worked out is stated, and how the repayments will be made can also be worked out.

But there are not details about the default charges, charge for credit or how the calculation of how charge for credit is calculated.

These breaches make the agreement unenforceable without leave of the court.


I hope you find this interesting reading and helpful in looking at your own agreements.

D

rog2

MS_Dolphin wrote: »

These breaches make the agreement unenforceable without leave of the court.

Exactly, MS - Thank you for posting a very useful and interesting legal clarification. :T :T
I doubt very much that they would be granted 'leave of the court'.

blueforyou

Thanks for sharing MSDolphin.

From 11 requests for CCA's sent since last November, I've received TWO potentially valid agreements back. In fact, that's all I have received.

From one DCA I've had a letter confirming there will be no action taken.

From two OC's I've had all interest frozen, a reduced balance, and an acceptable payment plan (and this is with them being one who HAS sent a CCA!)

From the others I've had a range of correspondence from the downright offensive to quite professional. However, none can produce CCA's, none have followed up with Court action, and none have "visited" me as threatened.

Help from this forum regarding letters and understanding of the law has meant I no longer recieve phone calls AT ALL.

For those who may doubt themselves (and I have had many sleepless nights and bouts of panic and fear myself) my message is:

1. Keep going - fight for your rights

2. If sensible and sustainable offers are recieved in writing, please consider them carefully - they may be a good idea....

3. Keep sharing your knowledge and experiences on this site.

I'm now going for PPI payback, so here we go again.....!!!:eek:

louiser123

Help,

i need some advise after i have recieved a reply from marshall ward after requesting the cca.

it says in the letter-
unfortunatly we are unable to locate a copy of an executed agreement, but for your information we enclose a copy of the current agreement which applied to this type of account. this version includes all contractual variations which have taken place.

then just info on date account opened, amount owed/balance and payments in last 12 months.

what happens now as they have admitted they cant find the agreement so have just sent a blank one, no sig by me or them. none of my details on the top where it states name and adress its just a blank agreement!

is the account still in dispute? what do i do now they have admitted there is no executed agreement?

Mazzy187

Hi

Sent a CCA request on behalf of my husband to Lloyds TSB, got absolutely no response, so sent the second letter, which according to Royal Mail was delivered on the 30th of April. However he is still receiving demands. and today has a little slip from Allied international Credit, saying full outstanding balance should be paid immediatley OR ELSE !! they have asked him to call. After previous dealings with these A*seholes at Allied, I really don;t think it wise for him to call.

Can anyone give us some advice on what to do next, seeing as they have not responded tot he CCA request.

Thanks
Mazzy

aj2703

If the debt was origionaly with lloyds at the time you sent the 12+2 request i don't think they are allowed to sell it on. there is a template letter on this site that deals with the issue of a company passing a debt on when it is in dispute.

http://forums.moneysavingexpert.com/showthread.html?t=963087

Post number 8.

blueforyou

Mazzy187 wrote: »

Hi

Sent a CCA request on behalf of my husband to Lloyds TSB, got absolutely no response, so sent the second letter, which according to Royal Mail was delivered on the 30th of April. However he is still receiving demands. and today has a little slip from Allied international Credit, saying full outstanding balance should be paid immediatley OR ELSE !! they have
Thanks
Mazzy

Hello, firstly, AJ is correct, Lloyds should not have sold it on if its in dispute. Secondly, please don't worry about Allied International Credit. Their behaviour is the worst I've seen. Have they sent their little yellow postcard yet? They shout a lot, but once you have reminded these Glaswegian bully boys of the law, they do back away.

There is information about them in this forum here

http://forums.moneysavingexpert.com/showthread.html?t=971567If

They have learnt not to call me, although it took a few letters,,,,

fiveyearplan

CCA - UPDATE

I sent a CCA request for my OH's Barclaycard some time ago and they have since sent CCJ papers. On my AoS I said I was going to defend the whole of the amount and put in my defence. That was the end of November 2008 and (fingers crossed!) I haven't heard from them since.

YIPPEE!!!

cocker100

Thanks for your recent posts MS Dolphin!

Very useful and interesting reading!

Cocker:)

cocker100

Evening all,

Well, after nearly 8 month, Lloyds TSB have finally got round to sending me my CCA.:mad::mad::mad: I really thought that this was lost within the vaults of Lloyds TSB, but appartently not.

They've replied with the usual guff, stating that they believe it is an enforceable agreement etc and will continue to treat it that way. They seem to have sent all that is required of them, i.e. signed agreement, terms and conditions and statement of account, so I guess now is a good time to see if it is enforceable or not. It is however, the original application form in the proposed form, so probably not.

I've noticed a couple of odd looking things on it. Firstly, there seems to be a tear mark through it as though it has been stuck back together before being photocopied. Also, the payment by direct debit box is ticked and I have never paid any of my credit cards by direct debit, so this is a bit suss. In the "bank use only" section at the top of the page, they have overwritten some numbers with thicker ink. Very odd!

There are terms and conditions on the back of the page. These are very hard to read. In fact, the whole thing is very badly copied.

I'll try and get it scanned and posted up on here. I dont know how good it will come out though due to it being a poor copy.

Any advice on my next move would be greatly appreciated as I have stopped payments to this account due to their default of my CCA request.

Cocker:)