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.
I wrote asking for CCA from Alliance and Leicester which they didn't send. They sent a series of 'standardised' (?) letters which offered a variety of offers including writing off some of the debt, reducing payments if I contacted them by a certain date.
I ignored this and sent a letter saying I believed the debt was unenforceable as I hadn't received CCA.
They have now sent me a copy of the CCA and a copy of current terms and conditions.
However the CCA is illegible for the most part (my signature is clear as is my address etc) The letter they sent with it states 'We appreciate the copy of the original agreement is not very clear but it is the best copy Alliance and Leicester can provide. For the avoidance of any doubt, all of the necessary and prescribed terms are included in the credit agreement and in addition you will find that these terms are also set out in the copy of the current credit agreement we also provided you with.'
I'd be very grateful if someone could advise me on whether this is enforceable if its not possible to read what it says on the agreement. :-?
Hi,
If any agreement is illegible, it is unenforceable as you have to be able to CLEARLY read the terms and conditions.
Can you post it up and let others have a look
fox
If you are asked to deal with any matter via private message, PLEASE report it.
Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
If that is all they sent you, I don't believe it would stand up in court.
There is nothing I can read clearly.
Can you see if it has the APR, credit limit or a statement saying they will set the credit limit, repayment terms and panalty clauses cos I can't see any.
I see you had to have a few goes but you got there in the end.
Just by my answering this post will bump it up for others to see.
fox
If you are asked to deal with any matter via private message, PLEASE report it.
Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
This is all they sent apart from current terms and conditions and the letter I've quoted at the start of my thread. As far as APR, credit limit etc, if it is on there its impossible to see due to the state of the print.
Can you tell me my next move please? thanks again for your replies, you've been really helpful
You may have to edit it a bit to suit your situation but you know better than me.
You ought to point out that any agreement has to be legible to make it enforceable and contain the prescribed terms. As you can't make them out you have to assume they aren't there.
They will try to fob you off with the line that they have complied with your request and try to default you but you have a legal remedy to that too.
fox
If you are asked to deal with any matter via private message, PLEASE report it.
Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
I just found a useful thread re: illegible cca's which I thought may benefit others. It's titled 'when is a CCA enforceable?' and started by Alf 2000 on 31st Aug 08
I've written my letter using this and will post result.
Alliance and leicester agreement
.
Reply With Quote
