Robinson Way Court Claim

[mongerer]

Re: Robinson Way Court Claim

At the time of application the amount of credit could not have been determined so this term must have been missing from the T&C.

[Amethyst]

Re: Robinson Way Court Claim

Here >>>> Legal Beagles Consumer Forum


see below attachment



have they sent you a copy of said T&C's from the time you signed the agreement ?

[Amethyst]

Re: Robinson Way Court Claim

At the time of application the amount of credit could not have been determined so this term must have been missing from the T&C.

Or it could say ' we will tell you the credit limit from time to time '

The T&Cs had been personalised by making Para 1 read “This Agreement is between * my name and address * and us”.
Para 2 then goes on to define “us” as Cap 1.
They also go on to say that “We will set out and tell you the credit limit for your account” but no credit limit is actually specified within the T&Cs and I believe this would then have been done on the card carrier.
There is also a table that illustrates the current interest rates depending upon the level of credit granted.
I believe the repayment terms are probably adequately covered.
There are no signatures on the T&Cs and nothing to tie them to the application other than the inclusion of my details in Para 1, which must have been done at a later date because the T&C’s included on the back of the application form could not have included that information at that time, and nothing to tie them to a specific date.

The declaration on the Application form, quite commonly, states that “I have read the T&Cs setting out the Agreement with Cap 1and, if my application is accepted, I agree to be bound by these T&Cs….”.

Read more at: Robinson Way (Ex Cap 1) - Legal Beagles Consumer Forum

Yip that kinda covers the prescribed terms then.

[Angry Cat]

Re: Robinson Way Court Claim

Here >>>> Legal Beagles Consumer Forum


see below attachment



have they sent you a copy of said T&C's from the time you signed the agreement ?

Have they provided the inception T&C's?

I doubt it!

Horrible Farrelly, are the in-house/broom cupboard solicitors for RW...
------------------------------- merged -------------------------------
Also have RW provided to you the post contractual statements, required under the CCA 2006 (fully implement 1st October 2008)?

[Caspar]

Re: Robinson Way Court Claim

I'm not trying to cause an argument, just playing devil's advocate to try to help.

If the OP has signed a document saying I have read and understood the terms and conditions and prescribed terms are met, surely if he hadn't read them he simply should not have signed.

[mongerer]

Re: Robinson Way Court Claim

I understood that all the prescribed terms had to be contained within the signature doc which we believe they could not have been.
RW sent me the application form together with a set of T&C. The T&C associated with the application form could not have contained my name & address. The set they sent with the agreement did, so must have been added later. They were not current to the time of application either in terms of fees and interest rates.
They subsequently sent another set of T&C which also had had my details added retrospectively, which were relevent to the time of application as far as I can tell.

There is no document that contains my details and all the prescribed terms and signed by both parties. They are producing sepearte docs with nothing to tie them together.

[mongerer]

Re: Robinson Way Court Claim

Regarding Statements, they sent me typed up statements back to the begining. Interestingly all of them, including the early ones, quoted the same account number when in fact the earlier transactions were a different account No. A replacement card was lost in the post so they cancelled the account and carried on with a new account number.

[Caspar]

Re: Robinson Way Court Claim

I believe that technically you're right. However, I also think (stress think) there have been quite a few cases where the argument of missing prescribed terms, terms and conditions etc... have been seen by the judge as the debtor trying to avoid paying and the ruling has gone against them.

I'm not saying give in, I think you're doing brilliantly, just if my understanding is right (and I'm sure someone will tell me if I'm wrong which is quite possible) then there has to be the question of what if it goes to court and expenses are awarded against me. These could be significant!

[Amethyst]

Re: Robinson Way Court Claim

Might be easiest if you put up what they have sent as the inception t&Cs.

[mongerer]

Re: Robinson Way Court Claim

I need to get off to the hosp so wont be able to post till tonight.
What about the poc on the claim. It clearly is completely inadequate. What should I do about this aspect of it?

[Angry Cat]

Re: Robinson Way Court Claim

Regarding Statements, they sent me typed up statements back to the begining. Interestingly all of them, including the early ones, quoted the same account number when in fact the earlier transactions were a different account No. A replacement card was lost in the post so they cancelled the account and carried on with a new account number.

No!

I referred to the post contractual requirements re: statements;
fully implemented 1 October 2008, under the CCA 2006.

Have RW, sent you these since 1 October 2008?


1 October 2008Action/ReviewPost Contract Transparency Requirements

• Amend systems to implement the information giving process. Be careful when drafting, it is important to get the statements/notices right to avoid delays in enforcing your agreements or charging/recovering interest/default sums.

[mongerer]

Re: Robinson Way Court Claim

Sorry!
I'll check into that and post back.

[Angry Cat]

Re: Robinson Way Court Claim

Sorry!
I'll check into that and post back.

For your information, mongerer:

http://www.oft.gov.uk/shared_oft/bus...it/oft1002.pdf

[middenmess]

Re: Robinson Way Court Claim

For your information, mongerer:

http://www.oft.gov.uk/shared_oft/bus...it/oft1002.pdf

Hi AC

A little off topic but just glanced at that link and if only creditors followed the first bit in that summary life would be so much simpler..

Summary
1.4 The 1974 Act lays down rules about the information to be given to
debtors during the lifetime of a regulated consumer credit agreement.
Certain information must be given at periodic intervals, whilst other
information must be provided on request – such as a statement of
account and a copy of the credit agreement.

[mongerer]

Re: Robinson Way Court Claim

For your information, mongerer:

http://www.oft.gov.uk/shared_oft/bus...it/oft1002.pdf

Since the assignment to RW they have only ever sent me a ‘letter’ each month as a ‘payment reminder’ specifying the amount due. This monthly amount was a nominal sum I negotiated with the OC after they put the account into default and terminated the account prior to assignment. This payment agreement was then honoured by RW.

These ‘letters’ certainly contain the total reducing debt but unfortunately I am away from home at the mo and cannot for certain say what other information they contain until I return home. It may well be, for example, that they state the penalty for not making the payment, such as the whole amount becoming due, but I cannot say.
Under these circumstances where the account is in default and terminated and mutually agreed payments are being made not within the original terms of the agreement, I’m not sure to what extent the statements referred to in cca 74 and 06, particularly pertaining to sums in arrears and default sums, are relevant. Any opinion?
If they are still relevant then I have not been receiving an annual statement of account for example showing all payments made.
Is this an issue they could put right retrospectively without consequence?