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Mac73

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  1. Hi all, I've just been reading all the posts on unenforceable credit agreements. I've heard a bit about this but am fairly new to it and could really use some help if anyone would be kind enough. I have some large debts, but my biggest is a Tesco Loan. It was taken out in March/April 2005. On 2/9/09 (having read a little about the landmark Judgment of Judge Halbert in the Chester County Court dated 12/3/09 - and other associated articles) I wrote to Tesco requesting the following:- "(1) A copy of the original signed loan agreement; (2) Confirmation of whether or not the £4,787.56 "Total charge for credit" includes any arrangement fees, or any other charges whatsoever; (3) Confirmation of whether or not the £4,787.56 is for interest on the sum loaned only; and (4) A detailed breakdown of how the interest was calculated." (I was probably completely missing the point with most of these requests - I just did my best based on what little I'd learnt from reading around the web etc).... Anyway, Tesco replied on 10/9/09 stating:- "I write further to your letter of 2/9/09 regarding the above act. Please find enclosed a copy of the credit agreement as requested and a statement of financial information below:" [account numbers, my name and address], and then:- "Balance drawn £20,000 drawn on 3 March 2005 Payment of £295.09 due on the 10th of the month Total amount paid to date £15,639.77 Balance on the account £9,147.79 If you have any questions about this please contact this office on 0141-567-0498 and we will be delighted to be of assistance." The enclosed copy credit agreement does appear to be a copy of the original, it looks like my signature (and date - 11/2/05) and it appears to have been signed by one of their reps and dated 3/3/05. The agreement itself is very sparse but (it unfortunately seems to me), probably compliant(?) - it shows the total amount loaned (£20k), the total charge for credit "£4,787.56 - comprising interest £4,787.56", the APR - 6.5%, and the Repayments "Repayments due one month after the credit is drawn and monthly thereafter as follows:- 84 Repayments of £295.09". That really is about it (aside from my basic details and the account details of the direct debit source and destination etc). All other info is contained on an attached T&C document. Can anyone tell me whether the agreement may possibly be challenged as unenforceable on any grounds at all?.... and/or what are the key points to look for in determining whether an agreement is in fact unenforceable? Sorry to ramble on, I wanted to give as full a picture as possible so that anyone that is able and willing to help could at least see the facts. I'd be really grateful for any advice and thanks for your time if you got through this mail! Many thanks Simon
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