Not a problem....but if you had read this thread you would have found out that this is exactly what I am trying to achieve. Draft POC on post #527 I think......needs updating and a little work rgds Dave.

Sorry....missed that one.... and yes the ppi WAS missold I was selfemployed and the insurance would not have paid out ...I have opened a dispute about this twice...and got fobbed off But I'm not letting it lie Dave

HI Car.... any thoughts on my agreement a few posts back.......(please) Dave

NO...once terminated its final...to reinstate would take yo to agree to a new contract.......and you wouldnt be doing that would you Dave

Hi Taz its a bit all over the place......... will see what I can do....tomorrow,.....its wine time tonight dont want to get it wrong dave

no probs...... Dave

Hi Car and anyone else reading....!!!!! Any thoughts on the agreement posted on #1133 ? rgds Dave

Hi Hell..... looks like we posted at almost the same time Dave

You can only ask for a cca under s 77-79 if the agreement is still in force However you can do a SAR and specifically ask to see any agreements dave

No worries......I was just trying to get the point over that you NEED to know what you are asking them...I seen too many people go off half cock......not knowing the legislation, and not researching...just going off what people have told them....and guess what.....the majority have lost. be a boy scout........be PREPARED. this site is a self help group and there are some extremely knowledgeable people on here, including some solicitors. I think that you have a chance....so go for it rgds Dave

It seems as though you have managed to post them yourself......no probs then... OK the agreement....page one is obviously the regulated agreement, and from what I can see it has a signature and the prescribed terms...so in my opinion it would be hard to challenge. the other image is obviously some sort of invoice....not a regulated agreement Now then... the letter from HSBC....mentions payments of £74.09......this cant be related to the above agreements must be for something else rgds Dave

It is my opinion.........and only an opinion......(based on what knowledge I have gleaned over the time I have been on this site). That you have a "chance" of avoiding this one. please bear in mind that if it goes to court (which it may not) it depends on the judge on the day. I have seen 100% cases fail....obviously then not 100%. It depends on the quality of argument that you put forward. you NEED to tell the judge the law you NEED to explain that the other side has NOT complied and WHY you think this is so. have a look at the draft POC on my thread post527 I think.... it lays out what is wrong ...why...and what I want but that is a long way in the future........ lets see what we know 1 they have sent you a copy of the agreement bearing your sig 2 they have sent a partial copy of the t&c's that contain the prescribed terms 3 there is NO reference to TERMS overleaf only conditions 4 there seems to be no way of linking the two pages that said I would say you had a reasonable chance........but only you can make that decision though. I would do some MEGA research first.......dont listen to anyone who only puts one point of view across, Ive seen some people pushed towards court by bad advice and a sort of common euphoria...ignoring the obvious facts. I suppose I mean to say that NONE of us are experts here, we make judgements based on a common belief, which is sometimes wrong. YOU need to be sure of the facts and the possible downfalls Sorry for the lecture Do some research and go for it ..........they will in all eventuality give up before court rgds Dave

AGAIN....you have learnt well glasshopper Failing 100% unenforceability You NEED to be able to introduce DOUBT as to the validity and compliance of the agreement with the Act. Dave

Just thought I'd bring this back to the front for comments......

Believe it or not a copy WILL do !! I did some research into this and was suprised by what I found. Take for example CCTV..most of it is stored digitally, to view it you would have to transfer it in memory...so you are in fact viewing a copy.....its really mind blowing stuff...I had a headache for ages mind you it not as bad as contract law.........arggghhhh Dave

They will not have the original agreement.......can you imagine the logistics of storing millions of applications / agreements, and being able to find them..... NO they are all digitised and put onto a computer, then the originals are shredded very soon after sometimes within a month. see post 20 for my thoughts on the agreement rgds Dave

I think the important wording here is "I agree to be bound by the conditions of use" NOT "I agree to be bound by the TERMS and conditions of use" the word conditions has no real legal effect....you dont get prescribed conditions rgds Dave

Not expensive unless you have to officialy do it A "request" to see documents under a pre-action protocol is free....it only becomes an expensive option if they refuse and you have to apply to the court Dave

The links to the "acts are on here somewhere...I think in the stickies posted by zootscoot....I'll try to find them for you Dave

I would imagine that that was a true copy.......ie it IS the form you filled in, so you would be unlikely to get anything different If it makes no reference to TERMs and conditions overleaf, and only conditions of use, then the second page is meaningless. the agreement is uneforceable (in my opinion) dont go out and celebrate just yet though...lets see if we can get some other views rgds Dave

BUT.....try as I might I cant see any reference on the agreement to t&c's overleaf !!! or anywhere else for that matter could someone with better eyes have a look Dave

NO...not signing would only make it improperly executed........it would only take them to apply to the court to get it enforced........but that signature looks for all the world like a stamp. A stamp is a legal form of signature and is allowed. sorry BUT....there is NOTHING to link the t&c to the agreement......no page nos. no printing nothing Dave

If they have terminated inappropriately, then the other get out is "unlawfull rescission of contract" they have unlawfully terminated and so lose all right to money owed Dave

Just re-read this "agreement".............nowhere does it say T&C's overleaf. It does however make reference to terms and conditions supplied, and also a reference to term 16.....I cant see a term 16 on that agreement. So it looks like they are in a seperate "booklet" If they are not part of the agreement then it is unenforceable.. weve broken the link........(maybe)..... rgds Dave

An application form CAN double as an agreement......and it is valid IF and only IF it complies with the cca 1974......in that it contains the prescribed terms and that the format is correct. you really need to read, the Consumer credit act 1974, The Consumer Credit (agreements) regulations 1983 and the various amendments. most of it is mumbo jumbo and slightly irrelevant to you CCA1974 sections 18, 60 - 65, 127, 142, 172, 189 and maybe a quick look thruogh the rest the 1983 regs are only a few pages long...quite easy to parse happy reading take care rgds dave