Cca Requests Updates Please

skylight

Hi there - I have checked over post #664 and the prescribed terms, but would like clarification on a point.

OH received from MBNA/Link (eventually - 6 months later..) the MBNA Platinum Card Application Form that has the Credit Agreement Regulated by the Consumer Credit Act 1974 Terms and Conditions in small print down the side. (For a credit Card)

Checking the prescribed terms on 664, it does state about repayments being paid by the date on the statement and the minimum %. It does also state about interest, a small table with differing rates depending on the transaction type. So I do not think I can "get em" on those.

But in post 664 is says
D Credit limit
This may be a term or the manner in which it will be determined or that there is no credit limit.

There is no credit limit on this form anywhere. The very first clause states:
1a. We will chose your credit limit and tell you what it is. We may vary it at any time and write to let you know.


Does this mean that its not a valid CCA? There is also one signature (my OH's on the application) that does say only sign if you want to be bound by the terms of the credit act etc.

I cannot scan this at all - its a photocopy and the small print is barely legible on my copy so will not be in any state on a scanned version. Oh, and I don't own a scanner anyway!:o

fermi

skylight wrote: »

There is no credit limit on this form anywhere. The very first clause states:

1a. We will chose your credit limit and tell you what it is. We may vary it at any time and write to let you know.

The OFT go into more detail about what is acceptable here:

http://www.oft.gov.uk/shared_oft/reports/consumer_credit/oft786a.pdf

3.10 How should the credit limit be expressed?

Sch 1 para 8 requires a statement of the credit limit under a running-account credit agreement. This must appear as part of ‘Key Financial Information’.

The credit limit may be expressed as one of the following:

• a sum of money;
• a statement that the credit limit will be determined by the creditor from time to time and notified to the debtor;
• a sum of money together with a statement that the creditor may vary the credit limit from time to time and notify the debtor;
• a statement indicating the manner in which the credit limit will be determined and that notice of it will be given to the debtor; or
• a statement indicating that there is no credit limit.

It does not therefore need to be expressed as a sum of money, although the OFT would encourage this in the interests of transparency. The amount of the initial credit limit may be an important piece of information for the consumer in deciding whether to contract.

Without you being able to scan it, it's a bit difficult to see whether it is all acceptable (although I'm not the best judge).

rog2

luckymum wrote: »

hi , quick update from me , i received a letter from kays saying they are not pursuing the debt , the account has been closed but will remain as unsatisfied on their credit files ..

If they had registered a default, you can insist that they remove it from your credit file, but, to be honest, is it going to be worth it? The reference will disappear after six years.

stapeley

luckymum wrote: »

hi , quick update from me , i received a letter from kays saying they are not pursuing the debt , the account has been closed but will remain as unsatisfied on their credit files ..

Been well worth reading the thread ! :j

stapeley

stapeley wrote: »

Update . Clap quest when asked for a CCA , returned account to OC , that was 8 months ago . They had all the correct details . Now another company are ringing me .They have not got the correct contact details . I,ve told them account is in dispute due to non compliance with my CCA REQUEST . I will not discuss any further with them . When and if they write to me I will supply copies of original request and my default notice to C Q .

The new DCA keep ringing me , I just tell them I do not discuss any financial details on the phone. They are trying to get me to give them my contact details . How stupid are these companies ? The original DCA had my details , and would surely have passed them on to OC ? The OC are in default of my CCA REQUEST , AND THEREFORE in breach of the CC ACT,by appointing another DCA . I will point this out when I receive any written demands from this new DCA .

Broken_hearted

Sounds like a lot of grief. How many years will it take before DCA stop selling it on and it goes away.

purplebert

Just thoguht i would give an update on one of my cca requests. I CCA'd moorcroft for a halifax CC that i defaulted on. Well they originally sent me on 61st day a copy of my application form, which i then sent back saying that this was not a true executed copy of my CCA as prescribed terms etc were not on there. They then sent me a few more letters asking for me to pay as they had sent through what i reqeusted. I then wrote back pointing out that they hadn't in fact sent me what i had asked and also they had not provided statements as requested in my original letter, and Saturday i received the following;

Further to you recent correspondence, i write to confirm that we are no longer dealing on the above account.

Just a quick question for you wonderful people, does this mean that they will sell on the debt? Or return it to Halifax? or will that be the end of it?

Thanks,

fermi

purplebert wrote: »

Just a quick question for you wonderful people, does this mean that they will sell on the debt? Or return it to Halifax? or will that be the end of it?

'Maybe' to all of those.

stapeley

As many people have found after making payment arrangements with a DCA , they are still hassled by letter and phone to pay more . On a couple of occasions days after making payment arrangements , I have again received threads of court action. So BH if you feel it is a waste of time why have you bothered to request a CCA ?

stapeley

Broken_hearted wrote: »

Sounds like a lot of grief. How many years will it take before DCA stop selling it on and it goes away.

SIX YEARS !!!!!!!! which is about 29 years less than it would take me to pay it at a rate I could afford .