PPI and UNENFORCEABILITY

[theturningworm]

Hi All

I have a very old Liverpool Victoria Credit Card agreement which included PPI on the application form. It was included, no questions asked and no separate terms stated on the form,

Does this mean the Agreement is unenforceable? (Missold/multiple agreement/prescribed terms etc)

I'm not interested in reclaiming anything back, I'm just trying to find out if the inclusion of PPI with no separate terms means it was Improperly Executed?

Can anyone help please? I could post up a copy if needed?

Cheers anyone

[EXC]

Re: PPI and UNENFORCEABILITY

I can't see that the inclusion of PPI on the application would make the CC agreement unenforceable, regardless of whether the PPI was mis-sold or not. Insurance isn't covered by the Consumer Credit Act even where the credit it is attached to is.

[theturningworm]

Re: PPI and UNENFORCEABILITY

Thanks for the reply

My thinking is that inclusion of the prescribed terms is necessary for the agreement to be considered properly executed. However, with PPI included, is that not to be regarded as a separate agreement (making the document a multiple agreement) and if so, then there are no T&Cs (or prescribed terms) for that particular agreement? Which would then render the whole thing an IEA?

[EXC]

Re: PPI and UNENFORCEABILITY

I assume that the CC application simply included a tick box or similar to indicate you wanted PPI? The credit agreement is distinct from the PPI which would have had its own terms ie the policy itself.

[theturningworm]

Re: PPI and UNENFORCEABILITY

Actually it's worse than that. The PPI is simply included with no option to agree or disagree to it's inclusion.
That's what's made me question it

Would a copy help?

[EXC]

Re: PPI and UNENFORCEABILITY

Yes ok, redact any personal information.

[theturningworm]

Re: PPI and UNENFORCEABILITY

Errr, how do I attach a file please?

[theturningworm]

Re: PPI and UNENFORCEABILITY

Ahaa, sokay, gotit

Sorry, I forgot to add, there's a whole bunch of T&Cs attached (apparently they were on the reverse) but no mention whatsoever of PPI

[EXC]

Re: PPI and UNENFORCEABILITY

Thanks I'll ask [MENTION=6]Amethyst[/MENTION] to take a look.

[mystery1]

Re: PPI and UNENFORCEABILITY

http://www.legalbeagles.info/forums/...ighlight=yates

I would note that a loan is different to a credit card.

M1

[theturningworm]

Re: PPI and UNENFORCEABILITY

Great, thanks for your interest EXC

Thanks as well mystery1 but I "..do not have sufficient priviledges.." to access that link ?

[mystery1]

Re: PPI and UNENFORCEABILITY

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

M1

[EXC]

Re: PPI and UNENFORCEABILITY

Great, thanks for your interest EXC

Thanks as well mystery1 but I "..do not have sufficient priviledges.." to access that link ?

I think you need to have made 3 posts which you have now.

[Amethyst]

Re: PPI and UNENFORCEABILITY

There's quite a big bit for the CARD PROTECTION PLAN on that application ? Were you paying a separate PPI Policy to that ? Did it show on your statements as a monthly amount ?( and if so what did it show as and what amoutn was it - % of the balance usually )


( Thouris/MBNA [MENTION=5354]mystery1[/MENTION] ? (I'm a little out of date) )

[Amethyst]

Re: PPI and UNENFORCEABILITY

Ahh I see. This bit bottom 2nd column.