Credit Card Agreements

[jax007]

Not sure where I should have posted this new thread but perhaps a mod can move it to right place if it shouldn't be here!!

I can't find anywhere else on this forum anything about CCAs so I am hoping someone can clarify a few points here please......

1. I have read differing points regarding the length of time the CCPs have for providing the CCA - one states 12/30 CALENDAR days and another states 12/30 WORKING days - which is correct please?

2. I have sent off a number of letters requesting my CCAs - one has come back which is the CARD APPLICATION but just underneath it says CREDIT AGREEMENT REGULATED ...... 1974 - does this constitute a CCA? I would presume it would.

3. It has only my personal APPLICATION details on it and nothing else.

4. Should I have received anything else with it?

4. It is signed by me but the box "Authorised signature of Creditor" is BLANK!

5. All I received in their response was a covering letter, a 'mini' statement of account and a copy of said Application Form

6. Could someone please advise as to what I should do next?

Many thanks
jax

[Amethyst]

Re: Credit Card Agreements

Not sure where I should have posted this new thread but perhaps a mod can move it to right place if it shouldn't be here!!

I can't find anywhere else on this forum anything about CCAs so I am hoping someone can clarify a few points here please......

1. I have read differing points regarding the length of time the CCPs have for providing the CCA - one states 12/30 CALENDAR days and another states 12/30 WORKING days - which is correct please?

12 WORKING DAYS then 30 CALENDAR DAYS Its uneforceable without a court order after the first 12 days, if they don't produce after a further 30 calendar days its a criminal offence, and you can stop making payments (although until we know a bit more I wouldnt do that cause it depends on situation/circumstances etc) - then if they provide it after that they can restart enforcing the agreement.

2. I have sent off a number of letters requesting my CCAs - one has come back which is the CARD APPLICATION but just underneath it says CREDIT AGREEMENT REGULATED ...... 1974 - does this constitute a CCA? I would presume it would.

IT COULD DO IF IT HAS ALL THE PRESCRIBED TERMS _ BEST THING TO DO IS GET A SCAN UPLOADED IF POSS (taking out personal info) - oh and also depends when you took out the agreement in the first place. Also varies if its is running or fixed credit.


3. It has only my personal APPLICATION details on it and nothing else.

4. Should I have received anything else with it?

4. It is signed by me but the box "Authorised signature of Creditor" is BLANK!

5. All I received in their response was a covering letter, a 'mini' statement of account and a copy of said Application Form

6. Could someone please advise as to what I should do next?

Many thanks
jax

Best is to get a scan uploaded so we can have a look.

Also what is the company - are you working with the original creditor or a DCA ?

And a bit of background - ie why have you requested CCA - are they chasing you etc.

[jax007]

Re: Credit Card Agreements

Hi Amethyst

Its an M&S card and they are only chasing me in terms of late payments

I am requesting the CCAs for all my cards as I have read that they can be unenforceable in certain instances.

Have attached a scanned copy of what they sent me in reply to my request.

The covering letter stated "In reply to your request for a copy of your application form ................" but I actually requested the CCA. I received the covering letter , the application form (doubling as a CCA??) and a mini-statement as to the current status of my account - nothing else.

Thanks
jax

[Amethyst]

Re: Credit Card Agreements

Thanks hun

Right in that bottom section of text which hasnt come up very clearly - is there mention of an APR rate etc. Right to Cancel is there I can see just cant make out much of the rest. Should have a bit about making repayments and an example etc.

Whats the balance on the account ?

Have you made a repayment plan with them ?

Is it M&S chasing you or a DCA ?

[jax007]

Re: Credit Card Agreements

Below Right to Cancel it says ... Once you have signed this agreement, you will have for a short time a right to cancel it. Exact details of how and when you can do this will be sent to you by post by the creditor.

Underneath that are the signature boxes and the rest is blank.

No ... there is no mention of APR, nothing about repayments nor an example anywhere on the sheet. This really is just an application form with the CCA bit at the top.

Am wondering whether I should write back and tell them they have only sent me a copy of the application form and not the CCA??

Am not being chased unless of course I miss a payment which I do now and then. Not with DCA - still with M&S. Balance is around £3K

Am just doing the exercise with all my credit cards coz if any of the agreements are unenforceable then I'm only gonna pay back the capital! The main reason for this is because some of my cards have had the interest increased to over 30%!!!

thanx
jax

[Amethyst]

Re: Credit Card Agreements

Okay thats cool. Whats the bit above Right to cancel say? How much is the spend on the card and how much is the interest ? what was the original interest rate and whats it changed to ?

Also what other cards do you have and are you struggling with repayments ?

[jax007]

Re: Credit Card Agreements

M&S Card
The bit above the Right to Cancel is just Data Policy stuff - re checking credit reference agencies, electoral roll, money laundering, etc - nothing to do with the actual card terms.

The balance is £4,500 interest 22.9% APR (roughly £70pm)
Previous 0% on transfer

Yes I have too many other cards and yes I am struggling. This is why I am doing this exercise to see if I can void the agreements and just pay back the capital.

MINT Card
One of my other cards has been sent to Triton (DCA) so the interest is zero. I wrote to MINT requesting CCA and they have sent me all my CCA stuff which looks complete. I have a copy of the application (as with M&S) but also the Terms & Conditions of the Agreement.

The only thing I have signed is the Application Form (and as with M&S it says the bit about the Credit Agreement Act at the top). However in this case there is a section on the application form with describes the interest rates, says credit limit will be determined from time to time, etc so I guess this does consitute a proper agreement.

* NOTHING is signed by the CREDITOR ... is this significant??

Sorry Amethyst bothering you with two of these, but if I can understand what renders these things unenforceable or not, I'll be OK.

I really do appreciate all your time and effort here - thanks so much

jax

[Amethyst]

Re: Credit Card Agreements

M&S card - can you not transfer it to another 0% rated card ?

If you are struggling with the repayments write and ask them to close down the card and freeze interest on it, sending an income expenditure and sort out a monthly amount to pay them.

When you write back re the CCA - ask them for the terms and conditions you should have had back at the time of taking out the card.


Mint - sounds like you are on top of it....have you arranged a monthly repayment amount with them ?

[jax007]

Re: Credit Card Agreements

Cannot get any more credit cards - have tried!

MINT - am sorting out.

My main question here Ame is whether these Agreements are enforceable and how can I tell if they are or not? What is the criteria for them being enforceable? If they have to be signed by creditor as well, then I may well be in with a chance because neither M&S nor MINT's are. They are only signed by me AND it is only the application form that I have signed - nothing else.

If they are not enforceable, then I can negotiate with the CCPs on that basis.

thanx
jax

[Amethyst]

Re: Credit Card Agreements

Okay in that case upload your MINT one and I'll ask someone to have a look.

M&S may not be because of the lack of an APR and repayment examples....and the T&Cs being sent after the fact with no signatory requirement.

[jax007]

Re: Credit Card Agreements

OK Ame am uploading all they sent me - 6 pages in all!

Perhaps you could let me know the verdict on both please?

Thanx
jax


PS I am sure there is someone on the site who can tell me whether these agreement/application forms are unenforceable or not, but failing that would you suggest I send them to the OFT? Hopefully I won't have to anyway.

[jax007]

Re: Credit Card Agreements

last one .........!

jax

[Amethyst]

Re: Credit Card Agreements

Nahh dont send to the OFT, we'll tell you in a bit once we have had a decent look at them. then we can look at negotiating your position using that information.

[jax007]

Re: Credit Card Agreements

You're a star !!

I will be away from 7-16 May anyway so no rush. I may take laptop with me to check on responses if I can.

This has been going on a while now so I don't want to rush it and get it wrong - a little while longer won't hurt too much!

Thanx again hun
jax

[jax007]

Re: Credit Card Agreements

OK these CCA responses are coming in thick and fast now in varying degrees of documentation.

I have one for my husband which to me looks complete. It has the completed application form headed APPLICATION FORM but just above the signature it says ... This is a Credit Agreement............

* It is signed by my husband
* It is signed by the creditor
* There is also a very comprehensive copy of the terms of the Agreement with what looks like all the information needed such as interest rates, key information, etc (NOT SIGNED BY ANYONE)

In this case I would say that the Agreement is ENFORCEABLE - I can't see anything that would change that in what I have received.

If anyone has anything different to say on this, please let me know.

Thanx
jax