rbs (advanta) mint card...unenforceable agreement

[willowb]

Re: rbs (advanta) mint card...unenforceable agreement

I then received this letter from TS...


And then I gave up....I know I know!!!

Wxxx
I'll be back later when I have constructed yet another letter!....lol

[willowb]

Re: rbs (advanta) mint card...unenforceable agreement

Ok then....first draft....please feel free to tear apart if you wish!!! It's a bit shabby sorry! I'm gonna tidy it, just need the content checking please...

Dear Sir/madam,
It has been 2 years since I last contacted you regarding this account. I have enclosed copies of past correspondance for your referral. Due to circumstances at that time I could no longer take this issue further. However, now and after some legal advice, I am in a position to proceed.
Firstly, I refer you to the letter dated 28th January 2007 whereby I requested a true copy of the agreement for this account. On the 27th February 2007, I received (albeit 12 days later than is lawfully required) a copy of the application form. On the 19th March 2007 I wrote again requesting a copy of the executed agreement but with no response.
I refer you once more to the CCA 1974 and your duties under the Act.

[quote: Consumer Credit Act 1974]

77 Duty to give information to debtor under fixed-sum credit agreement

(1) The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,-

(a) the total sum paid under the agreement to the debtor;

(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

(c) the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)(c), he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fail to be ascertained.

(4) If the creditor under an agreement fails to comply with subsection (1)-

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits and offence.
I also refer you to the prescribed terms which must be contained within the agreement document:-

PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE
CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations ...

A Amount of credit
A term stating the amount of credit

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-
(a) Number of repayments;
(b) Amount of repayments;
(c) Frequency and timing of repayments;
(d) Dates of repayments;
(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

As you can see from the copy you have on file of the application form that this document omitts firstly, the amount of credit; secondly, the frequency and timing of repayments; thirdly rate of interest (this not being the APR as prescribed by SI1983/1553).

Once again I am allowing 14 days from the date of this letter to send a true copy of the agreement. An obligatory fee of £1.00 has already been given for this document. If however, you fail to produce the said document then I will stop all payments to this account. I also request that you remove the default marker placed on this account as there is no enforceable contract in place and therefore no debt to default.

I look forward to hearing from you,

Yours Faithfully,

Wxxx

[natweststaffmember]

Re: rbs (advanta) mint card...unenforceable agreement

just passing by to say hello Willowb(yep I do remember ya and no I haven't a clue on CCA's)...

[willowb]

Re: rbs (advanta) mint card...unenforceable agreement

Thank you sweetie! good to see you....hope all is well with you x

[Tools]

Re: rbs (advanta) mint card...unenforceable agreement

willow.............willowb..........never 'eard of ya just kidding, welcome home and good to see you.

Have also removed your name and home address left on your letter to TS on post#15

[strangewayofsavin]

Re: rbs (advanta) mint card...unenforceable agreement

Hi Willow (one of the original cag rebels), hope alls well, nice to hear from you, seen BillK recently?:grouphug:

[willowb]

Re: rbs (advanta) mint card...unenforceable agreement

Thanks Tools....old habbits die hard hey!

And hi strangewayofsaving! hummm I know my memory is bad but surely I'd remember that user name?....so what's your aka??? Re Bill, haven't been in touch for a while but last I heard he was doing good! Doesn't he post here anymore?

Wxxx

[pt2537]

Re: rbs (advanta) mint card...unenforceable agreement

dont ya just love Trading Standards? the enforcement arm of the Office of Fair Trading, Arm? they couldnt tell their ar$e from their Elbow and that lettter shows it.

im drafting pleadings this evening but i think that you need to change your approach with that letter and totally fillet their donkey for them.

[willowb]

Re: rbs (advanta) mint card...unenforceable agreement

LOL I know....looking back at that letter makes me so mad!

I'm up for suggestions pt...any guidance is appreciated.

Wxxx

[willowb]

Re: rbs (advanta) mint card...unenforceable agreement

bump:tinysmile_hmm_t2: I need a 'sharp' filleting knife iykwim?

Wxxx

[willowb]

Re: rbs (advanta) mint card...unenforceable agreement

Just been reading a thread where PKea posted (sorry don't know how to quote from another thread nor can I seem to copy and paste)...that "the debt would be unenforceable but still remain". I know that to wipe out the debt thereafter would mean taking action against the fin.ins concerned, which as we've seen isn't advisable. The whole point of this for me is to have it gone from my CRF. This leaves me wondering about my renewed enthusiasm to go ahead with this. We want to move house next year and the default will hold us back (2 1/2 years left to go on it). If I could prove the agreement unenforceable then I would (as I have done before and won against Barclaycard) use S.10 DPA to get the default removed and cease processing any data.

I suppse I'm getting jittery and I can't do it without support....think I'll leave it on the back burner for now. Thought I was ready for another fight, now I'm not so sure.

Thanks to everyone who's replied so far though.

Wxxx

[Amethyst]

Re: rbs (advanta) mint card...unenforceable agreement

You can fight the CRA entry as you know it depends what your priority is at the moment really honey. getting a decent mortgage when you move probably overrides the mint card debt, keep an eye on the chester cases - one of those tests should be dealing with the credit reference agencies in relation to UCAs, hopefully. pt will know more of course.

Don't go hiding away again either its nice to see you back about. If you get stuck you can always pm anyone for a nudge.

[willowb]

Re: rbs (advanta) mint card...unenforceable agreement

Thanks Am, I'm not ruling it out completely but need to get the timing right. I won't disappear completely again, I realised I missed way too much and would like to 'get up to speed' again...maybe regain my confidence and help others too. I am sincere, it's really good to see peeps again.

Wxxx

[veilside01702]

Re: rbs (advanta) mint card...unenforceable agreement

Welcome back willowb......Hi gang I'm Back!!!!!!!!!!!
I am also just returning for round 2 and aiming at MINT (RBS)......
Firing off a CCA request today......
Anything I can do to help willowb......just ask.....
Russ

[Pouring Rain]

Re: rbs (advanta) mint card...unenforceable agreement

Hey Willow, anyone

I was reading your thread and something PT quoted

"For example, the annual percentage rate of charge for credit (APR) must be included in a regulated consumer credit agreement--see reg 2(1) of, and Sch 1 to, the 1983 regulations--but a statement of the APR is not one of the prescribed termsset out in Sch 6 to those regulations."

Could anyone explain? Does it mean the APR is not the same as the prescribed term rate of interest but something else? Does that mean if my agreement has APR as the rate of interest then it has misstated the rate of interest?