Financial terms on the back of the form

[monopoly]

I have a number of credit card agreements that I thought were enforceable, but now wonder if they are.

The prescribed terms are either on the front or the back of the forms with the signature on the other side. In Niddy's guide "Example agreements" there are two such agreements shown like this, one Virgin and one MBNA

Does the signature have to be on the same side of the form? How would I argue this with the DCA or put forward a case in court to say its unenforceable? Or is there more to it than this one issue. Ahh yes all agreements are pre 2007.

Any Ideas would be appreciated

[CleverClogs (RIP)]

Re: Financial terms on the back of the form

I have a number of credit card agreements that I thought were enforceable, but now wonder if they are.

The prescribed terms are either on the front or the back of the forms with the signature on the other side. In Niddy's guide "Example agreements" there are two such agreements shown like this, one Virgin and one MBNA

Does the signature have to be on the same side of the form? How would I argue this with the DCA or put forward a case in court to say its unenforceable? Or is there more to it than this one issue. Ahh yes all agreements are pre 2007.

Any Ideas would be appreciated

Unless you can shew that the terms and conditions on the other side of the agreement were not those to which you agreed, you're sunk. If they contain clauses or conditions imposed by later regulations, one should be able to shew that the creditor or debt collecting parasite has "been creative".

[MrsD]

Re: Financial terms on the back of the form

Monopoly, if you have agreements which have been sent to you by creditors, send them to Niddy via the button on his signature. Make sure you put your user name on the top line so that he knows where they have come from. No guarantees but Virgin and MBNA haven't exactly excelled in the business of producing enforceable ageements, the exact opposite in fact...............

[monopoly]

Re: Financial terms on the back of the form

Monopoly, if you have agreements which have been sent to you by creditors, send them to Niddy via the button on his signature. Make sure you put your user name on the top line so that he knows where they have come from. No guarantees but Virgin and MBNA haven't exactly excelled in the business of producing enforceable ageements, the exact opposite in fact...............

Hiya

I'm about to cave in on 2 agreements recieved as I can't afford to risk an SD, one is barclaycard goldfish and one MBNA, I think Niddy has looked at the agreements but can't seem to get my paper trail right to see if they were enforcable or not.

Both agreements seem to be signature on one side and terms on the other however the goldfish one could be two different documents. The MBNA looks like its the same document but just front and rear.

Not sure on the rules here!! I think it may be time to try a deal!!

[CleverClogs (RIP)]

Re: Financial terms on the back of the form

I'm about to cave in on 2 agreements recieved as I can't afford to risk an SD, one is barclaycard goldfish and one MBNA, I think Niddy has looked at the agreements but can't seem to get my paper trail right to see if they were enforcable or not.

Both agreements seem to be signature on one side and terms on the other however the goldfish one could be two different documents. The MBNA looks like its the same document but just front and rear.

If a document was purported to date from 2002, yet it complies with regulation 14A of the Consumer Credit (Amendment) Regulations 2010 - link - then it should not be too difficult to shew that the alleged agreement is more of a fricassee than a reconstruction. It's just a matter of looking through the alleged agreements and working out with what regulations they comply.

[alangee]

Re: Financial terms on the back of the form

monopoly

Before you cave in on any agreements, have you got the terms & conditions for the "agreements", which were relevant at the time of application? If you haven't, ask Barclays for a copy of the Goldfish T&C's, and MBNA for their T&C's that were supplied with the "agreement".

What year(s) did you apply for them?

Alan

[monopoly]

Re: Financial terms on the back of the form

What makes you think you will receive a SD? Normally that's not the case.

Have you sent Niddy the agreements? That really is the only way to find out once and for all!

Are they not the ones on your main UE diary?

Just been looking back at what Niddy said about these agreements, looks like he said the Goldfish one is enforcable and that the MBNA one isn't but that was back in 2010.

Not sure how things have moved on since but from looking at all the advise here and example agreements I'm getting confused.

If the Goldfish is enforcable and if Niddy said it was I'm inclined to agree. So I should really start paying something as I don't want to end up with an SD, they scare me. I don't have the option to do any FF so will try and offer something.

If the MBNA is enforcable then I need to do the same. Niddy said it's not but I'm not sure why, it looks enforcable to me based upon info here, with all terms, just on front and back. Things may have changed since 2010 so am concerned. Again FF is out so is it time to offer something?

Cheers

Monopoly

[Never-In-Doubt]

Re: Financial terms on the back of the form

Can you send me both agreements again please, and sit tight - nobody will take action against you.

Just email me both agreements and the terms please. then we'll take it from there.

[monopoly]

Re: Financial terms on the back of the form

Can you send me both agreements again please, and sit tight - nobody will take action against you.

Just email me both agreements and the terms please. then we'll take it from there.

Have sent them should be in your mail

[Never-In-Doubt]

Re: Financial terms on the back of the form

Sorry for the delay mate - however I'm gobsmacked cos I have just witnessed an original COMPLIANT agreement from MBNA dated 1994 and one from Goldfish dated 1997.

Really sorry mate both are enforceable - I'm truly gobsmacked at that

[CleverClogs (RIP)]

Re: Financial terms on the back of the form

Perhaps monopoly should now get certified copies of the agreements, so he can then auction them on eBay as nearly unique, collectors' items?

[monopoly]

Re: Financial terms on the back of the form

Sorry for the delay mate - however I'm gobsmacked cos I have just witnessed an original COMPLIANT agreement from MBNA dated 1994 and one from Goldfish dated 1997.

Really sorry mate both are enforceable - I'm truly gobsmacked at that

I have had great success with the help I have had here, HSBC seem too embarresed to persue me in the court on my current account so just seem to have disappered. I Have had an SD set aside from another company and feel confident in thier second SD will be too. Nasty letters are getting less and less apart from these two.

I view it as if a company have done all the right things then I should pay what I can afford and get it cleared, especially using funds that the ones that havent done the right things free up. May take some time though!

Now its time to negociate on these two agreements, any advice on how to handle it in the best way will be appreciated. How do I go about offering a monthly payment to keep things sane? I have had some final demands sent through and feel court action is imminent in a few days. Would love to hear best ways to stop it? Preferably quickly.

Cheers

Monopoly

[Never-In-Doubt]

Re: Financial terms on the back of the form

I have had great success with the help I have had here, HSBC seem too embarresed to persue me in the court on my current account so just seem to have disappered. I Have had an SD set aside from another company and feel confident in thier second SD will be too. Nasty letters are getting less and less apart from these two.

I view it as if a company have done all the right things then I should pay what I can afford and get it cleared, especially using funds that the ones that havent done the right things free up. May take some time though!

Now its time to negociate on these two agreements, any advice on how to handle it in the best way will be appreciated. How do I go about offering a monthly payment to keep things sane? I have had some final demands sent through and feel court action is imminent in a few days. Would love to hear best ways to stop it? Preferably quickly.

Cheers

Monopoly

Hiya

Briefly, whats your situ? what I mean is are you single, living at home with parents or have a family, do you have a wife/kids, do they work etc?

I am basically trying to establish how you want to play this, ie if you're a family and you're the only wage earner then maybe speaking to our dmp guy to get an A&E may assist alternatively if you're a single working bloke then forget that unless you're truly skint?

You tell me then I can suggest next steps....?

[CleverClogs (RIP)]

Re: Financial terms on the back of the form

I have had some final demands sent through and feel court action is imminent in a few days.

That's what they want you to think.

It probably isn't.

[monopoly]

Re: Financial terms on the back of the form

Hiya

Briefly, whats your situ? what I mean is are you single, living at home with parents or have a family, do you have a wife/kids, do they work etc?

I am basically trying to establish how you want to play this, ie if you're a family and you're the only wage earner then maybe speaking to our dmp guy to get an A&E may assist alternatively if you're a single working bloke then forget that unless you're truly skint?

You tell me then I can suggest next steps....?

Nope not a single working bloke but Family man with working wife and 2 children and house to pay for.