What Constitutes a legal CCA

[alan7181]

Watching TV the other night I saw a couple who had got around £100,000 in debts wiped out. They used certain procedures involving the actual content of a CCA. I think they said it had to be signed, be dated and show the interest rate. Is this sufficient. Does it have to be legible. dlc via their solicitors Aplins are threatening take me court to obtain a charging order for a debt 3 years old for £10884. The CCA they sent me is not legible.

Can they put a charging order on a house in joint names if the debt is solely in my name.

[silverfox1961]

Hi Alan,
Why don't you post your CCA up on here (minus personal details) and let the experienced bods have a look and tell you what you need to know.


fox

[rory32]

If the copy of the agreement is not legible I would send them the following via recorded delivery.

Dear Sir,

Thank you for the reply to my letter dated XX/XX.2008.

Having taken the time to look over the documents supplied in response to my statutory request made under the Consumer Credit Act 1974, I have the following concerns.

The document entitled “credit card agreement regulated by the Consumer Credit Act 1974” which appears to bear my signature fails to comply with the requirements of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557). In particular section 2 of the Regulations.

As you will be no doubt aware, the Copy Document Regulations requires that documents are easily legible and clearly the terms of the agreement are not easily legible, infact far from it. Many of the terms are blurred and cannot be interpreted and I am further unable to make out the prescribed terms as required by schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). After taking advice on this matter, I am of the belief that this agreement that you have presented before me, as it stands would be unenforceable even by court order. Therefore, I require that you provide me a clearly legible copy of the agreement, where all the terms are clearly legible

Should you not be able to supply a clearly legible copy containing the necessary prescribed terms, I would suggest that you give consideration to cancelling this account and reducing the balance to zero. Of course the alternative would be to seek a declaration of my rights under Section 142(1) of the Consumer Credit Act 1974. I am advised that with the documents that you have supplied there would be an extremely good prospect of success with such a declaration. However, I am mindful of additional costs that such action could incur both on my part and on yours so I trust you will give consideration to this request

I would appreciate your due diligence in this matter and look forward to hearing from you in writing.


Yours Sincerely


Print name do not sign.

dlc via their solicitors Aplins are threatening take me court to obtain a charging order

They would first need to obtain a CCJ.