Post 2007 Agreement

[Bugsy]

Hi all,

Had my head down for a while as Statute Barred Status is looming at the end of this year, however MKDP have finally sent a recon of an agreement for a HSBC credit card. It was taken out in the later half of 2007 so this question may be irrelevant anyway but if the recon that they have sent has some of the prescribed terms missing and is not easily legible (you need a magnifier glass in places to actually read it) would that still constitute not having fulfilled a CCA request and would it matter anyway as it is post 2007?

Pete

[nanna58]

Re: Post 2007 Agreement

Hold on Bugs someone will be along try not to panic xxx

[SXGuy]

Re: Post 2007 Agreement

The difference with a post 2007 cca request is that section 127 no longer applied which means you can not claim unenforcabiliy however there could still be issues with what they have sent you that could mean it would fail a claim in court. Sadly though it would take a court summons to argue the case and you wouldn't have failure to comply with section 78 as a defence to issuing proceedings. I'd say give it to niddy to check anyway and make sure he knows its post 2007

[Bugsy]

Re: Post 2007 Agreement

Thanks guys. I will send it to Niddy as you suggest and see what he says.

[Never-In-Doubt]

Re: Post 2007 Agreement

Actually it's s.127(3) that matters. It's that what was repealed hence a judge can't deem it UE but we can still win on other points, ie if a claim was issued then we could look at s.60,61,87,88 etc etc

pointless my checking anything post 04/2007 as it's not my call. If you the member wants to risk it (ie blogging it) then do it. If not then don't. Forget UE. It's not gonna happen.

So so you either blag it and risk a claim which we look at if one comes or you back down and settle. It's entirely your call.

What date did you last pay?

[Bugsy]

Re: Post 2007 Agreement

Hi Niddy.

I last paid this account in November 2009. Hence statute barred at the end of this year. Guess I have nothing to loose by blagging it for now and then see what can be achieved if and when a claim is issued.

[Bugsy]

Re: Post 2007 Agreement

Would it be worth sending them the "missing prescribed terms" letter just to buy time?

[Never-In-Doubt]

Re: Post 2007 Agreement

Would it be worth sending them the "missing prescribed terms" letter just to buy time?

yea but try and wait a little. Leave it as long as you can between letters

[Never-In-Doubt]

Re: Post 2007 Agreement

as per your secure thread...

Hi

Sorry for the delay - this is non compliant with the CCA however due to other errors it can still be discontinued if it did get to court - just because s.127(3) won't apply doesn't mean you ought to let them run riot.....

They mention clause 8 - where is clause 8? There is nothing in the APR - there is nothing suggesting if it a card or a loan, in fact what is it and how did you apply for the facility (ie online tick in the box or signed paper form)....

Thanks