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Cagger since : Sep 2009
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Tesco (RBS) CCA advice please
Hi would be
grateful if someone could take a look at these for me, received today but copy isnt dated at all and im not sure if this is enforcable. any advice welcome - thanks
Hi would be
grateful if someone could take a look at these for me, received today but copy isnt dated at all and im not sure if this is enforcable. any advice welcome - thanks
They are apparently allowed to exclude signature, signature date and the signature box under the copy document regulations.
That said the document should accurately mirror the contents of the executed agreement precisely aside for the above exclusions, this could be a copy of a executed agreement with those area's blocked out, or the exact text present on the executed agreement.
What we have here though is not the precise text from what would likely have been an application form, but a print-out of the terms and conditions with the text "This is your agreement added at the top". Therefore I would suggest that this does not fulfill s78(1) CCA 1974 request, the creditor not having discharged their obligations under the act to provide a copy of the executed agreement should be reminded of this and the exclusions which apply in them not being able to enforce an agreement either with or without a court order whilst they are in default of completing s78(1).
That said some banks seem to be operating more as a law unto themselves and will likely state that they have completed the request.
Out of interest when did you apply to open the account?
Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.
Tesco (RBS) CCA advice please
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Originally Posted by chinawhite1
