Credit card debt

[gravytrain]

Re: Credit card debt

Are you talking about the seperate t and c's, i was referring to the PT s on the signature document, the t and c's if none compliant would not trigger unenforceabilty undee 127

Section 78 is very tricky, do the actual terms differ from the ones on the signature doc , I can't make them out.

[FlamingParrot]

Re: Credit card debt

They are not very legible even on the enlarged version, but there's no way ALL the terms could be in that box!

[gravytrain]

Re: Credit card debt

The attached terms are definitely not consistent with the signature document, the default charges are post OFT judgment level(£12).

However , i do not think that a court would rule unenforceable as the prescribed terms are correct and on the sig doc. Is there any case law?

[labman]

Re: Credit card debt

Can we see Jpeg 70 blown up to the same size as jpeg 72?

[labman]

Re: Credit card debt

They are not very legible even on the enlarged version, but there's no way ALL the terms could be in that box!

From what I can make out, they refer to term 15 which certainly is not there. Is this a 'four corners' case?

[SELMAR]

Re: Credit card debt

reply to post #12
many thanks for getting back to me flaming parrot
i'm sorry i dont remember if the those terms were on the reverse of the application. the document they have sent me has those terms in the bottom right hand corner.
the other terms and conditions came to me on sheets of paper which had been photo copied, it looks like they are from a booklet.
the terms and conditions booklet definatly say 01/12 at the bottom.
i think shoosmiths are acting a dca, but they are a solicitors firm.

[SELMAR]

Re: Credit card debt

thank you all very much for your replies, what would you advise, my next step to be please?
i'm really struggling with this, as i am totally new to these situations and have no legal knowledge.

[SELMAR]

Re: Credit card debt

i will be back on the forum around mid-day today, if anyone can lead me in the right direction it would be greatly appreciated

[SELMAR]

Re: Credit card debt

i have now blown the requested documents up to the maximum. using the zoom key will help a little too.
the bits cut off are as i received the documents
thanks again for your time, help and patience.

[SELMAR]

Re: Credit card debt

continued from post #24
the bits cut off are as i received the documents

[gravytrain]

Re: Credit card debt

I think as far as section 65 127 is concerned the forms are compliant.
In order to comply with section 78 they would have had to also sent information contained within schedule 1 of the regs. The ones that were embodied in the agreement both at the time of signing(execution), plus the ones that applied when the agreement was defaulted.
Looking at this they don't seem to have sent the earlier set. The ones I see here have the wrong default sums for the period and also the interest repayment data is different.

I would write back stating that they have not complied with 78 because the schedule one terms that were in force at the execution sere not embodied within the response.

[SELMAR]

Re: Credit card debt

many thanks for your advice gravytrain.

do you think it would be best starting again with a propper section 77/78 CCA 1974 request, as the letters i have sent prior from the "get out of debt free" website have been deemed inappropriate?

many thanks.

[FlamingParrot]

Re: Credit card debt

many thanks for your advice gravytrain.

do you think it would be best starting again with a propper section 77/78 CCA 1974 request, as the letters i have sent prior from the "get out of debt free" website have been deemed inappropriate?

many thanks.

How did you obtain those documents? Did you send a letter stating you we're making a request under s.78 of the Consumer Credit Act and paid the £1 fee?

[SELMAR]

Re: Credit card debt

good evening flaming parrot
i sent the letters i copied into the first post in this thread.
i didnt mentioned making a request under s.78 of the consumer credit act in any of my letters.
i didnt pay any fee.
thanks for getting back to me so quickly.

[jon1965]

Re: Credit card debt

Are you talking about the seperate t and c's, i was referring to the PT s on the signature document, the t and c's if none compliant would not trigger unenforceabilty undee 127

Section 78 is very tricky, do the actual terms differ from the ones on the signature doc , I can't make them out.

Not relevant here as this is not a S78 request but I am sure I read case law that said in a CCA request everything had to be sent together not bit at a time and as such this would make it UE