is this agreement enforcable

[leeroy2009]

can some people please give a opinion to the agreement they have sent after i cca them?


post 9

where to start?

[Pinky69]

The writing is too small to read clearly but it looks as if they have they interest rate covered in the section on the left rather than in the section giving examples. If this is correct, the document fulfils the prescribed terms requirement, albeit it was originally an application form. In my view this would be enforceable.

[leeroy2009]

yes i see what you mean about the interst rate in the left hand side.

I thought the bank had to have its signature on the document aswell?

well if it is enforcable it looks like im gona have to make a arrangement to pay

[leeroy2009]

well its still in dispute at the minute as they have added late payment charges for the past few months.

they will probably remove these charges.

[Pinky69]

I think you have to push to see how much the DCAs are aware of because they are not that bright. The CCA 1974 states an agreement isn't properly executed unless both the debtor and creditor have signed it. However, there is also another section which states that the agreement can be enforced if the prescribed terms are there, whether or not it has been signed "in the prescribed manner". I argued with a DCA that as the creditor hadn't signed it, the agreement had never been properly executed and was therefore unenforceable - and they disappeared. What I said isn't actually legally correct but obviously they didn't know any better - plus they did not send me the correct Terms and Conditions. You could challenge it on the grounds the original creditor didn't sign it and therefore it was never properly executed and see what they come up with.

[leeroy2009]

many thanks does anyone else think i should continue to fight this as the bank has not signed the agreement?

[mooper]

Hi all i'm new here
Sorry for hijacking your thread leeroy2009!
How do i start a new topic please??
Thanks in advance

[leeroy2009]

go to the main forum and click new thread, make sure you go to the right section that way you will get more help.

[leeroy2009]

would anybody else care to offer some advice on this matter?

is it worth pursuing this agreement as been non inforcable due to the bank not signin the credit agreement??

thank you

[creditcardmug]

Originally Posted by leeroy2009

would anybody else care to offer some advice on this matter?

is it worth pursuing this agreement as been non inforcable due to the bank not signin the credit agreement??

thank you

You would have to have more than a non signature IMHO, i think youre on thin ice with this

[leeroy2009]

thats what i thought, looks like they have got this agreement right in my case.

was looking at unfair contract aswell (the high fees for late payments etc)

and also as far as i can see they only have my sig for the data protection bit, and my sig for accepting mbnas terms and condtitions, after reading it, whos to say they aint just added that credit agreent scan as i requested the cca? as my signature is not on the acctual credit agreement form?

just trying to persue all avenues but im no expert so dont no.

thanks your help people