CCA Request £1 applied to account

[Pickle]

I’m in need some advice on the best way forward for this one. Here’s some background info:

MBNA Credit Card assigned to Link
Agreement Date August 2004
Balance £12k. Last payment mid 2008
Default registered 11/2008 (according to CRA which was one week before the DN was issued).

I’ve received what appear to be valid agreement in reply to my CCA request. I’ll send to Niddy if it’s advised but it’s a signed and dated Signature Form with the T&Cs on the back; they are just as I remember them.

In lieu of a signed statement of account they’ve sent a transaction report showing a debit entry (added to the o/s balance) of £1.00 “recoverable charge” with a credit entry of £1.00 “P.O. received”. It appears they’ve applied the £1 P.O. to my account.

They haven’t sent a copy of the Notice of Assignment.

If they get heavy and it all goes 'legal' I'm sure they’ll fall over on the dodgy DN (it doesn't even have the correct account number) but my main concern now is that they appear to have applied the £1 to my account and as this has 6 month to SB I was hoping to eek it out and don’t want the SB clock to restart.

Any advice on how I should respond to this please?

Pickle

[Undercover Elsa]

Re: CCA Request £1 applied to account

Hi Pickle,
See what Niddy says about that in his response to your agreement. As you're so close to SB might be best to wait and then demand removal after the SB date has passed. Make sure you retain a copy of the CCA request & proof of receipt.

[Pickle]

Re: CCA Request £1 applied to account

Thanks Undercover Elsa
I've sent Niddy the agreement. Wise advice about waiting until the SB date has passed. Is them not sending a copy of the Notice of Assignment mean they haven't complied with my CCA request?

[Never-In-Doubt]

Re: CCA Request £1 applied to account

Nope a cca doesn't acknowledge anything, well our template doesn't anyway.

So long as you never said "my account" or "my debt" then you'll be fine.

I've replied to email. I need unedited documents please.

[Undercover Elsa]

Re: CCA Request £1 applied to account

Thanks Undercover Elsa
I've sent Niddy the agreement. Wise advice about waiting until the SB date has passed. Is them not sending a copy of the Notice of Assignment mean they haven't complied with my CCA request?

No, there's no requirement for them to supply a NOA with a CCA Request.

[Never-In-Doubt]

Re: CCA Request £1 applied to account

Ok it is unenforceable in my opinion because on the signature page it mentions your personal information and clause 11 with the terms. It also says that you must read terms 11 onwards before signing – but the problem is these terms were never issued until AFTER receipt of the card, if at all. However more specifically, clause 11 relates to additional cardholders - not your personal information - so you know categorically that these are not your terms hence anything within them is not relative either so it is unenforceable.

I would not respond yet - let me check the SB info first - later though as I need to go now....

[kuma]

Re: CCA Request £1 applied to account

Is this on an application form/agreement?
I argued the toss in court over the same term.
The DJ decided that as the terms and conditions are received with the card carrier (because that's how they do it....and he had got one with his a week before) and the card was not yet active, I still had the option not to activate.
This was argued for a good half hour.
Even in her WS Dianne Powell said I was given a copy of the T&C at the signing and the DJ agreed with me that I wasn't..
I am NOT saying that it's wrong but, on the day, make sure you get your head around the explanation.
I tried but couldn't get him to understand.
In my head it was so black and white....

kuma