Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Could any one please tell me, if I have signed a credit agreement but the creditor has not signed neither has anyone signed it on behalf of the creditor is the agreement forceable?
The agreement would only be enforceable by a court order. Having said that the court would grant the order on the basis that the debtor had signed the agreement.
so if i disputed this agreement and took it to could would i be liable to loose the case? Could I take them to court and claim monies back that I have paid them as surely they have to sign the agreement aswell other wise it cant be a legally binding document as only i have signed it.
so if i disputed this agreement and took it to could would i be liable to loose the case?
If all that is wrong with the agreement is that the creditor did not sign it you would lose. You would be liable for some court costs. How much would depend on what track the case was allocated to.
Could I take them to court and claim monies back that I have paid them as surely they have to sign the agreement aswell other wise it cant be a legally binding document as only i have signed it.
Again you would lose. The court would enforce the agreement. Even if the agreement was considered unenforceable this is very different from the court accepting that no agreement ever existed. Any payments you made would be considered as voluntary and would not be refunded.
Am I correct in believing that a Virgin (MBNA) application signed in March 2002 because of the following:
clause 1.5 (B) refers to exceptions quoted as clauses 3.5 and 3.6, however, these clauses do not form part of the signed agreement.
The heading is "Credit Agreement Regulated by the Consumer Credit Act 1974" i.e. it should read "Credit Card Agreement Regulated by the Consumer Credit Act 1974". Is the omission of the word "Card" important?
My apologies, I omitted the word unenforceable and the message should read:
Am I correct in believing that a Virgin (MBNA) application signed in March 2002 is unenforceable because of the following:
clause 1.5 (B) refers to exceptions quoted as clauses 3.5 and 3.6, however, these clauses do not form part of the signed agreement.
The heading is "Credit Agreement Regulated by the Consumer Credit Act 1974" i.e. it should read "Credit Card Agreement Regulated by the Consumer Credit Act 1974". Is the omission of the word "Card" important?
consumer credit agreements?
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