Thread: CreationVSlollipopsMuminL aw

Hi lollipop

THis agreement has the debtors signature and the prescribed terms (under point 10). It is therefore enforceable.

You are right about legibility. Because of that slip of paper you can rightly claim that they have not complied wit your requst under s78 of the CCA 1974 (see reg 2 in Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983) and the account must therefore be regarded as being in dispute. If it is now longer than 12 days plus one month since your request, they have comitted an offence under s78(6) of the CCA 1974.

If they have sent you a copy of someone else's credit agreement, they have also comitted an offence under the Data Protection Act 1998.

Ah, so it's that serious then. I thought it would be.

So they are technically in default of the request regardless as to what they have done, because I wanted a legible copy of my Mum in Laws agreement, and until they comply with that specific request they have defaulted on the request?



So, a very indignant letter to them severely reprimanding them for sending me a copy of someone elses agreement with the details clearly visible, along with a letter to the Info Comm off, and formally placing the account in dispute because they have failed to comply with a true and legible copy of her particular agreement.


Quick question-if this is the only copy they have, would this render it unenforceable Steven? What I mean is, if they have destroyed or lost the original, and all they have is a "copy" t&cs covered over and everything, is that enough to make it unenforceable do you think? After all, if they had the original they would have just sent a copy of that out I imagine, rather than making a "diligent search for a copy of an agreement identical" to her own.


What would you do?

It's a big "if"-but am I really stretching the imagination too far?


Thinking I may just delay sending the please can we come to terms letter now.

By sending a copy which is not legible, they have failed to comply with a statutory request under s78 of the CCA and the account is in dispute. That means they may not enforce it (s78(6)) until they comply. If they can't comply, tough (on them )

If that is the only copy they have and they have destroyed the original, they they will never be able to enforce it. I guess it depends on whether they stuck the sticker on before or after they copied the original (ie whether they can get the sticker off to reveal the prescribed terms)

What would I do? I would write and tell them the account is in dispute becasue they have failed to produce a legible copy and under s78(6) they may not enforce the account. Tell them that you will give them, say, 28 days to produce an enforceable agreement otherwise you will assume that they haven't got one and that all relationss between you and them are at an end and you don't expect to hear from them again. Ever.