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Shazzas OH v Capquest - is it a vaild CCA??

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  • Shazzas OH v Capquest - is it a vaild CCA??

    Ok - have been putting this off but having now received a letter from HL Legal realise it needs attention!

    Hubby has a credit card with MBNA and has written to them requesting a copy of a valids CCA agreement. They have sent him a copy of his application that - i think - has all of the prescribed terms, however two days after sending the copy app form Capquest wrote to him simply stating "For your ease of reference we have highlighted the signature section that confirms that you should only sign the agreement should you wish to be legally bound by it's terms".

    They actual piece they have highlighted on the app form is under their section titled "Your right to cancel" and reads "once you have signed this agreement you will have for a short time a right to cancel it. Exact details and how and when you can do this will be sent you by the Bank."

    Sooo, I gues I'm wondering if my hubbys obvious worries about being taken to Court are justified??

    Hoping anyone can help - particularly the legend that is CB - lol!!! Am happy to scan a copy of agreement up or send a copy to someone by email ifneccessary.

    Thx in advance for any advices.

    shazza

  • #2
    Re: Shazzas OH v Capquest - is it a vaild CCA??

    Just a wee bump hoping CB may be able to have a quick look??

    Comment


    • #3
      Re: Shazzas OH v Capquest - is it a vaild CCA??

      Sorry mate missed this one.

      Could you scan and post the "agreement" for me ?

      PDF in preference

      Don't worry about HL Legal as CQ simply buy reams of Threat-O-Matic letters off them to give that air of officialdom..

      Comment


      • #4
        Re: Shazzas OH v Capquest - is it a vaild CCA??

        Thx a million for the reply Ben - will get the agreement posted up within the hour (assuming I don't have any problems as have never doen this before!)

        Comment


        • #5
          Re: Shazzas OH v Capquest - is it a vaild CCA??

          Ben, i've spent nearly two hours trying to upload as an attachment but am hitting brick walls everywhere I turn.

          I've scanned the agreement and saved it but cannot upload it - is there anyway I can email it to you as am really struggling on this one??

          thx

          shazza

          Comment


          • #6
            Re: Shazzas OH v Capquest - is it a vaild CCA??

            Originally posted by Shazzaw View Post
            Ben, i've spent nearly two hours trying to upload as an attachment but am hitting brick walls everywhere I turn.

            I've scanned the agreement and saved it but cannot upload it - is there anyway I can email it to you as am really struggling on this one??

            thx

            shazza
            Send it to admin : admin@legalbeagles.com they will upload it for you??

            Comment


            • #7
              Re: Shazzas OH v Capquest - is it a vaild CCA??

              Here you go (PDF Attached)..

              Complete and utter



              Missing prescribed terms so a solid s127(3) totally unenforceable

              Comment


              • #8
                Re: Shazzas OH v Capquest - is it a vaild CCA??

                LOL - chuckling away here having seen the pic you posted!

                Many thanks Ben for the advices - hoping HL Legal and CapQuest will now return the debt to MBNA so I can negotiate with them directly. Is it worth me penning a letter to HL or CQ letting them know that what they have supplied is only of use in the bathroom??

                s

                Comment


                • #9
                  Re: Shazzas OH v Capquest - is it a vaild CCA??

                  As and when they demand payments again, there's enough letters and pointers here: ~~~ Consumer Credit Agreements - A Guide ~~~~ inc. Letters - Legal Beagles

                  Comment

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