S.18 in Relation to Credit Cards

[Totoro]

Could someone advise if the above applies to credit cards if card repayment protection is selected on the agreement.

There are no prescribed terms for the ppi on the agreement, just a tick box and signature box.

As part of a s78 request do the ppi terms need to be provided before it is satisfied, and if not is it unenforceable until supplied?

[Totoro]

Re: S.18 in Relation to Credit Cards

Anyone?

[Amethyst]

Re: S.18 in Relation to Credit Cards

Sorry I'm not sure I'd think so but I don't know 100% the legal situation on the PPI terms under s.78 - they are referred to in the agreement and as such form part of the agreement and should be supplied to you with the agreement so thus should come under s.78 I THINK ...... so this is a bump for you xx

[mystery1]

Re: S.18 in Relation to Credit Cards

http://legalbeagles.info/wp-content/...Manchester.pdf

M1

[Guest]

Re: S.18 in Relation to Credit Cards

There was a huge thread OTR which examined this idea in detail, starting from before the second gf the heath judgments.

The Issue of if credit card PPI is eligible for consideration under section 18 turns on the form and content of the agreement, as illustrated in Nemo.

If the agreement is one which was executed with the intention of being, part a CDS unrestricted use loan and part a CDS restricted use for purchasing a policy then as above it is an agreement in parts and must have its own set of T and Cs.

If however it is a CDS unrestricted use loan made for that purpose only, but part of it is used to purchase PPI it is not an agreement in parts and does not.

Unfortunately credit cards fall into the latter category

The issue of the CCA request has a similar answer, the act says "a document", the oft guidance says that this does not refer to any other transaction whether in document form or not, Carey touches on the subject but the claimant did no chose to pursue the issue. So no, the PPI details are not required.

[Totoro]

Re: S.18 in Relation to Credit Cards

I find it all so confusing

[Guest]

Re: S.18 in Relation to Credit Cards

I find it all so confusing

Your not on your own, even the draftsman of the section didn't understand how it works apparently.

http://www.francisbennion.com/pdfs/f...agreements.pdf

http://www.ruinedbynatwest.com/franc...ple_agreements