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Can anyone help with this please?
My partner has been approached by a DCA re a credit card debt.
In response to her CCA request she received a copy of an application card and seperate terms and conditions.
Also included were statements of the account.
Upon the statements there is a regular charge for "Repayment Option Plan"
The lowest rate of interest on a credit limit of £100 is 38.6%!
The higher rate for a credit limit of £1000 is 66%+!
The "Option payment plan" according to the T&C's costs an additional 0.58% interest on the outstanding balance.
According to the said T&C's, the option repayment plan is an optional plan which can be purchased AFTER the application process. It says it is NOT insurance but allows you to freeze your account if your circumstances change without being charged interest, up to a period of 12 months.
There is definately no reference to the "Repayment Option Plan" on the application card and my partner is adamant she did not ask for it nor did she know she had it. Had she known she would have taken advantage of it when her circumstances did change. She had to reduce her hours to care for a family member.
In fact she wasn't aware of it nor did she realise the extortionate rate of interest she was being charged. Ultimately she fell behind and the interest piled up resulting in a default being filed against her.
My question is this;
Would the DCA ever be able to rely on the application form as an executed agreement. It does have the correct heading. It also has a box detailing the APR for given levels of credit limits and it also contains her signature-though not that of the creditors representative???
If so would we have any claim against them for the "Repayment Option Plan" being charged for but never asked for????
Please advise.
Thanks
My partner has been approached by a DCA re a credit card debt.
In response to her CCA request she received a copy of an application card and seperate terms and conditions.
Also included were statements of the account.
Upon the statements there is a regular charge for "Repayment Option Plan"
The lowest rate of interest on a credit limit of £100 is 38.6%!
The higher rate for a credit limit of £1000 is 66%+!
The "Option payment plan" according to the T&C's costs an additional 0.58% interest on the outstanding balance.
According to the said T&C's, the option repayment plan is an optional plan which can be purchased AFTER the application process. It says it is NOT insurance but allows you to freeze your account if your circumstances change without being charged interest, up to a period of 12 months.
There is definately no reference to the "Repayment Option Plan" on the application card and my partner is adamant she did not ask for it nor did she know she had it. Had she known she would have taken advantage of it when her circumstances did change. She had to reduce her hours to care for a family member.
In fact she wasn't aware of it nor did she realise the extortionate rate of interest she was being charged. Ultimately she fell behind and the interest piled up resulting in a default being filed against her.
My question is this;
Would the DCA ever be able to rely on the application form as an executed agreement. It does have the correct heading. It also has a box detailing the APR for given levels of credit limits and it also contains her signature-though not that of the creditors representative???
If so would we have any claim against them for the "Repayment Option Plan" being charged for but never asked for????
Please advise.
Thanks
