Urgent help please. Credit card agreement

[jon1965]

Re: Urgent help please. Credit card agreement

Hi
If you sent a SAR request then no they do not need to provide everything, if you asked to see your agreement again they could miss bits out. If you send a CCA request they are bound by law to provide certain documents and if they do not then they can not enforce

[Sweetcheeks]

Re: Urgent help please. Credit card agreement

Hi Jon 1965, confused now Sent CCA request in 2010 when it all kicked off but all they sent was my original application form and their T&Cs for 2010

and nothing appertaining to the original agreement. Think the same thing will happen again? I tell ya it's doing my head in this lot with my medication not firing on all cylinders at present








reckon same thing will happen again or what

[charitynjw]

Re: Urgent help please. Credit card agreement

Hi Sweetcheeks,

An SAR is a request for your personal data

T & C's are not personal data, but you need them.

A CCA s78 request will sort this.

[Sweetcheeks]

Re: Urgent help please. Credit card agreement

Hi CHARITYJNW maybe I haven't asked for the right thing then I asked for details of my credit agreement was that not right

[Sweetcheeks]

Re: Urgent help please. Credit card agreement

Hi again Jon 1965. Sorry forgot to say basa 48 asked my to tell what was on the doc's had a job and a half but have managed to dicypher this and I am waiting to see what he has to say about this

[charitynjw]

Re: Urgent help please. Credit card agreement

Hi CHARITYJNW maybe I haven't asked for the right thing then I asked for details of my credit agreement was that not right

Are you referring to the SAR, or the CCA request?

[Sweetcheeks]

Re: Urgent help please. Credit card agreement

Hiya it was a CCA request

[charitynjw]

Re: Urgent help please. Credit card agreement

A CCA request will/should get you

A copy of the original agreement (which in all likelihood will be a reconstituted concoction, but unfortunately permissable)
The T & C's at inception of the agreement.
Possibly current T & C's, or modifications to the original.

A SAR will get you all/any data which they hold which can identify you as a living person. (But not T & C's, which are generic)

[basa48]

Re: Urgent help please. Credit card agreement

Hiya basa48 and thanks for your reply. Got a job and a half on here good thing I've got a 35xsuper zoom on my camera , well here goes

This is a credit agreement regulated by the consumer credit act 1974. Sign it only if you agree to be legally bound by its terms.


In the box above it reads
The parties to this agreement are BOS the their address, and the person who's name & address appears above in 1A section 1 Please issue a BOS AFFINITY MASTERCARD TO ME. I confirm that the information is true and complete and authorise you to make enquiries you consider necessary including a request for a reference from my bank in connection with this Application or Credit Agreement. I accept and agree to be bound by the BOS AFFINITY MASTERCARD CONDITIONS of this as set out overleaf and as amended from time to time.
If my APPLICATION is accepted I authorise you to issue an additional BOS AFFINITY MASTERCARD to the person named and authorised above of my card account Delete the above sentence if not required


MBNA only supplied their T&Cs from November 2010
Can I ask were you originally with the BOS and if so did it state in you T&Cs interest at simple interest and not compounded interest like what MBNA have now done, cos over time this makes quite a difference to the outstanding balance

This seems to confirm what I thought. Nearly all creditors/banks in the early 00's sent out credit cards on the strength of the application. Note the phrase: If my APPLICATION is accepted.. T&Cs were frequently totally separate or came only with the card. This all adds strength to it being an unenforceable agreement.

I take it that application doesn't say the T&Cs are overleaf or attached or included at any point?

An enforceable agreement should have all the prescribed terms (interest rate, amount of credit and amounts of repayments) together on the form you sign. (Note that is not to say they MUST be on a single sheet of paper, but there MUST be a clear link to them and they MUST be present at the time of signing).

My agreement was solely with MBNA. I never took much note of how the interest was calculated, just that it was too much !! I suppose interest is calculated on the outstanding balance, which if you are paying reduced payments will increase each month. This is why once your agreement is shown to be unenforceable (and I fully expect it to be) you should stop throwing money at them.

I expect at some point after that they will sell it off to a DCA. That is usually proof that they do not think they can pursue a court case themselves.

[Nibbler]

Re: Urgent help please. Credit card agreement

I accept and agree to be bound by the BOS AFFINITY MASTERCARD CONDITIONS of this as set out overleaf and as amended from time to time.

But they did not provide those contemporaneous terms that were supposedly overleaf? Just the later 2010 ones?

[basa48]

Re: Urgent help please. Credit card agreement

But they did not provide those contemporaneous terms that were supposedly overleaf? Just the later 2010 ones?

Oh Bummer - I didn't read that !!!!!

You'll have to wait to see if they can provide evidence of what was overleaf in 2000.

[charitynjw]

Re: Urgent help please. Credit card agreement

For further info, can you tell us

1/ Exact date of the default registered with the Credit Reference Agency.
2/ The date on the Default Notice* (which you have posted up.)

*They need to allow minimum 14 days to remedy the breach - a bit academic, as it was never paid, but if not correct, it goes to show a level of ineptitude.
As Tesco's say, every lidl helps!*

*(Sorry - I'll get my coat, shall I?...................eep

[Sweetcheeks]

Re: Urgent help please. Credit card agreement

Hi CHARITYNJW
The date on the DN was 9/1/12. To be paid by 26/1/12. CRA entered on 29/2/12 and a termination notice on 12/3/12

[charitynjw]

Re: Urgent help please. Credit card agreement

(Just read back on the thread & saw the info on post #23.......:whistle

The dates are in accordance with CCA rules (ie 14 days plus 2 days for delay in post)

The way I read this, you kept the agreement 'live' by paying (albeit reduced) amounts, by mutual consent.

With a Termination date of 12/03/12, why have they taken so long to pursue for the full monty? :confused2:

& where is the £80/month going - the agreement, according to them, closed 15 months ago. (Presumably it goes to part-satisfy the total sum outstanding - I'm just not sure of the 'mechanism' employed for this.........I'll see if I can have a word with someone else on here.)

Now comes the best bit.
Is the amount needed to remedy the breach (showing on the DN) correct (looks like £965ish, but it's not very clear.)

You would need to check back on your payment records........a thankless task, maybe, but after all, there's only Wombledon on the box.:smash:

[jon1965]

Re: Urgent help please. Credit card agreement

Ok
For what it's worth he are my thoughts
You are obviously pretty good at keeping records
Did you by any chance keep the envelope that the DN came in as those dates are only good if it was sent first class post.
If what you posted was all that you received for a proper CCA request then on what they sent it is pretty clearly UE on the basis of failure to comply with a S77-79 request

However for safety's sake I would be send a new CCA request as posted by FP above and start afresh (it makes no difference to anything as you have been paying)
Once you have the results for that then it's decision time.

The reason I am suggesting starting again is this.
In post 3 you said this

No it was just asked for a copy of my agreement didn't know about all these other thing at the time.

Then later you said it was a CCA request
I know all the different terminologies can get confusing, well it did for me anyway.

I think the other thing to think about is your illness, are you still able to work? If not £80 a month is a lot to find even from enhanced sickness benefits
Can I ask, and no need to answer..have you had a prognosis given
Do you have assets such as a house that MBNA could claim on

Sorry to be so personal