Is this enforceable??

[Babs]

Re: Is this enforceable??

Amethyst its not an overdraft, on the pre contractual docs we have its a credit card agreement.

[Amethyst]

Re: Is this enforceable??

Okay. the maintained at the Claimants branch was confusing me lol. So its just a credit card with a 2k limit and they are claiming under £1.5k from you following default (which occured after you requested the docs). Get there in the end.

I don't understand the doubling of amounts you mentioned ? Where they put the sum of £xxx under the agreement and the sum of £xxx in respect of costs - they are the same amounts ? then they have only entered the first sum in the Amount Claimed box on the N1.

[Babs]

Re: Is this enforceable??

Thats it Amethyst,doubled in the poc but halfed in claim.I was abit worried about it.
As to the other question....1) Its a Postal Flexi Loan (Precontracual docs.
2) Credit Card Agreement (Precontractual docs
3) It came with cheque book also ???
So what is it????
Shall I post up the pre contract info. Its hard to explain.

[Amethyst]

Re: Is this enforceable??

Re the PPI (as I havent worked out if you have been refunded ppi on this account or what extra amounts you want to check for with the CCA) On your statements on this credit card account does it show a ppi amount being charged each month ?

(sorry if I'm being a pain, I'd much rather understand the exact situation before we start looking at your defence/admission etc, yes the pre contractual docs will help a lot sounds a bit weird lol) Ok Flexi loan is kind of like a loan you pay off like a credit card and can borrow further on once you paid some off (by using a card or cheque book) etc...? The original amount was for repaying an Overdraft with same bank or something else?

[Babs]

Re: Is this enforceable??

I will post up a bit later I have to pop out for a bit.
Thanks for your help.

[Babs]

Re: Is this enforceable??

I was thinking of an embarrased defence asking for claimant to produce the documents requested in CPR 31.14.
I have a right to see the agreement,what they sent was blank.

[Amethyst]

Re: Is this enforceable??

I agree Theres just nothing on it.

[Babs]

Re: Is this enforceable??

Is it possible to go with embarrassed with a view to particularised defence on production of documents mentioned in CPR31.14.
Could someone help me with an embarrased defence??

[WendyB]

Re: Is this enforceable??

I know you said you stopped paying in November, because of them not supplying CCA etc, but what was the reason for requesting CCA in the first place? Were you up to date with payments, or was there any arrears on the account etc? Were you finding it difficult to maintain payments, ie had your financial circumstances changed etc? If so, had you discussed this with them?

[Babs]

Re: Is this enforceable??

Hi Wendy, The reason for the CCA request was because they were taking sooooo long with SAR for several accounts. We wanted to check on PPI,and I am glad we did as we had two accounts refunded after taking it to FOS.
The agreement supplied for this account is blank and does not fulfil my requirements.
Payments were up to date with no arrears.

[mystery1]

Re: Is this enforceable??



Should this not be a cancellable agreement ? Check out section 18 and the next few paragraphs of the Rankine judgement. I do not see any reference to cancellation rights here ?

M1

[Amethyst]

Re: Is this enforceable??

It should be if it wasnt signed on trade premises although the agreement conveys it was, I'm not clear on the signed on trade premises/over the phone parts of this case - which I think we need the precontractual docs to work out ?

[Babs]

Re: Is this enforceable??

Pre contractual, Note last line image 2

[Amethyst]

Re: Is this enforceable??

What was the amount of the advance on the date of the agreement - was that the full £2000 of the initial credit limit ? And what was paid with it ? (ie if it was debt with same bank as per the precontractual info then it makes it exempt from being cancellable hence that para on page 2 - sec 74 (2) of CCA restricted use credit exmption from part V ) tho its changed to a unrestricted use credit card (not sure how it works) so dont know if it then falls back in to Part V or not ? (obviously need someone more up on the CCA and these flexiloan/card things than me to look at this)

[Babs]

Re: Is this enforceable??

The total amount was £1940.There was a £240 total charge for credit. The funds were not used to pay off anything.