Abbey CCA is it enforcable??

[loulou29]

Just recieved this from Abbey/Mbna, is this enforcable???

thanks

[Amethyst]

Re: Abbey CCA is it enforcable??

Wait for Curlyben to give it the once over, but at first look, unless there is another page signed, then its an application and there doesnt seem to be an APR or repayment illustration - although it does say 'i have received and agree to be bound by MBNA T&C's' i'm not au fait with the CCA 1974 enough to know if this is enough.

[loulou29]

Re: Abbey CCA is it enforcable??

[Amethyst]

Re: Abbey CCA is it enforcable??

ahhhhhhhh lol. Thats the missing bits then.

Someone with more knowledge will be along soon to have a look

[Curlyben]

Re: Abbey CCA is it enforcable??

Welll now here's the rub.
If these were indeed part of the same document, then, on the whole yes.
The required terms appear to be on the scan in #3

BUT scan #3 doesn't appear to actually be the same document at all.

Look at the rip on the left hand side, this should be repeated on the scan in #1 !!!

[loulou29]

Re: Abbey CCA is it enforcable??

There is a rip but didnt show up on scan, this is definatly the front & back of same application form. when I first looked at it I didnt think it was enforcable but then saw the back, so not so sure now.

[Tools]

Re: Abbey CCA is it enforcable??

The rip on the second scan tallies with where the title Credit Card Application Form is on the top of the first scan, where the document tears open to unfold. Both scans are from the same document it is one of those with the perforated edges that acts as an envelope when complete and an A4(ish) sheet when opened. All the criteria is matched in my opinion and it is enforceable.

Now we have established that loulou, what were your intentions with this debt.Are you struggling to pay it? If so we can help you try negotiate an affordable payment arrangement if needed.

[loulou29]

Re: Abbey CCA is it enforcable??

Yes, I am struggling to pay, I have 4 cards that are enforcable, the total on them is around 25k, but need advice on what to do, I was made redundent from work last month,and at the moment very little hope of another job.my husband who is self employed has lost a lot of work,approx 50% less than last year.
Thanks for any advice.

[Amethyst]

Re: Abbey CCA is it enforcable??

Hiya xx

Do you have any repayment plans in place or been defaulted with any of those cards already or are you just managing to keep up minimum payments at the moment?

We'll need to try negotiate with the companies to get them on repayment plans and frozen interest and charges, but first thing to do is sort out your budget sheet (which you can find in the Advice & Guides bit of the site) and post a list of all your debts and the current status of each. And we can look at a plan

Ame
xx

[loulou29]

Re: Abbey CCA is it enforcable??

thanks for your help, We dont have any repayment plans, havent been defaulted on these cards, but have a further 10 Unenforcable credit cards which have not been paid since Feb, have had default £12 added to those cards.have also a £20k personal loan with barclays, sent them a sar, but the didnt send back any agreemant for the loan.
was thinking about contacting payplan or cccs,or if I tried to sort out my own plan how difficult would that be.

[Tools]

Re: Abbey CCA is it enforcable??

First thing to do is have a good read of MANAGING YOUR FINANCES FORUM

Also fill in the Personal Budget Sheet, it will help you keep an easier track of all your income/expenditure and debts. Make sure you include all your debts, no matter how big or small or irrelevant you think they may be.

Next start a new thread with details of where you are up to in the DEBTS forum.

[loulou29]

Re: Abbey CCA is it enforcable??

Hi.
By All my debts, do I include the credit cards that are unenforcable? sorry to be sounding thick,but this is all new to me.
Thanks

[Tools]

Re: Abbey CCA is it enforcable??

Yes all debts, unenforceable or not.

When completing your Income/Expenditure sheet your creditor will not care if they are enforceable or not, they are a debt and form part of your expenditure.

By leaving them off your I/E sheet you are showing that you have more disposable income than you actually have.

[Sapphire]

Re: Abbey CCA is it enforcable??

Hi Loulou just to let you know that I've set up my own payment plan as have others on here. Yes its time consuming and can be a little complicated but its worth it in the end and you'll be amazed how empowered you will feel once you have everything running along smoothly.
As Tools says start a thread in the Debt forum for your queries and take a read in the managing your finances forum, you'll find lots of help and guidance along the way.

If you get stuck holler there's always someone around to help. Oh and well done you are on the first step of becoming Debt Free and thats what we are all striving for.