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Help needed regarding illegible application/CCA, thanks !


celtgirl
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Hi people, have been browsing this site for a while but this is my first query....so hopefully your knowledge will help me out ! :)

 

I sent a CCA/deed of assignment request to a DCA in respect of a credit card and have received a reply back from the actual credit card company itself. They have supplied a copy of an application form from 2004, which has a section stating "Credit Agreement regulated by the Consum...(obscured)", which I had apparently signed (it is not signed by the company, nor is it stamped).

 

However, due to the extremely poor quality of the copy provided, virtually all of the small print within this section of the form is completely illegible. I can just about make out the wording "This is a Credit Agreement regulated by the Consumer Credit Act 1974" above my signature, but the wording prior to that (presumably specifying terms and conditions ?? who knows ??) is completely unreadable as it is even smaller and blurred. As a result I can not see any references to the likes of credit limit, APR etc. Consequently, I have no idea as to whether it meets the criteria of the CCA1974 and whether or not it would be deemed enforceable.

 

I have tried to view the text with a magnifying glass and have also scanned the document onto computer and "zoomed" the text, but to no use. Presumably the copy provided is taken from a microfiche-copy or computer stored record and they would still have the original document in storage ?

 

Presumably the CCA1974 contains legilsation to the effect that agreements should be at the very least legible ? If so, please could somebody point me in the direction of this legislation and wording for me to quote in my reply.

 

I would be grateful for your advice on this issue and any recommendations on the course of action I should take....I would guess that I should reply requesting that they send a legible agreement in accordance with my original request, with the threat of reporting them to the relevant authorities if they do not comply with this request ?

 

I look forward to your comments and want to say cheers for your help in advance !! :cool:

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HAK if it's eligible it's not enforceable anyway ;) . I can't remember the exact part of the Act that covers the legibility of the agreement off the top of my head. I'll have to go and have a look later and get back to you.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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wouldnt Section 59(1) CCA 74 be relevent here rory, i understood it to be the case that an application to enter into future credit was void and unenforcable

 

its just a thought, and of course i may be wrong. your knowledge of the CCA 74 is far better than mine

 

regards

paul

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Hello HAK,

 

My understanding of 59(1) is that where you fill in a application form for credit, the application itself is not binding . take applying for a credit card, you get a application through the post with the normal mail, you fill it in and return it ,this is not binding it is when the credit card company for instance processes you application and sends you the agreement which you sign that is binding

 

i hope this makes sense, im tired and having trouble concentrating

 

 

regards

paul

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Yes Paul I tend to agree with you, however there are instances where an application contains all the prescribed terms and due to the application process it could be argued that it is also a copy of the agreement. In 99% of instances there is absolutely no doubt about it and you don't even have to go down the route of s59(1) as the application doesn't contain all the prescribed terms. Section 59(1) is also open to interpretation whereas s60(1) and s61(1) are not.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Paul/ Rory

 

Ive been around for 3 months now and I didnt know the above.

 

Good advice

 

Cheers

 

PS-Its quite on here tonight

 

HAK

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PS-Its quite on here tonight

It's always quite at the weekend.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi HAK

 

i must admit it is quiet 2nite,

 

wiith regards to the s59 issue, i must admit i wouldnt like to be the advocate in court arguing that an agreement isnt enforcable under s59, i would much rather go with a s60/61 arguement but if its the only option i suppose if i were to ask myself would i go with it then i probably would, especially if it were an application form which was produced in response to a CCA that was clearly one which had been posted through the letter box in with the junk mail, you know the ones

 

still there we go

 

regards

paul

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Hi to all and thanks for replying - it's much appreciated ! :)

 

HAK, I'm sorry but I'm currently unable to post the application here as I don't have a scanner (I had scanned the document using a friend's scanner in an attempt to "zoom"/magnify the text - but they are away until next week so I can't do it again just yet).

 

I'm definitely taking into account the comments regarding the debate on whether an aplication is or isn't binding but as pt2537 suggests, it seems more reassuring to attempt to discredit the document on the basis of it not having the prescribed terms in the first place before considering other options.

 

As a result, I will deem the application provided to be illegible and therefore unenforceable on the grounds that no prescribed terms or conditions can be read whatsoever; I will inform the credit card company of this accordingly and will request a legible CCA in accordance with my original request.....and see what comes back.

 

In the meanwhile I will politely tell any DCAs or the credit card company not to bother me until they can provide a legible CCA. I will, of course, keep you updated with any reply I get.

 

Any further comments or advice whilst I am waiting will be a great help !

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Hi celtgirl

 

 

i would definatley go with the arguement that the application they have sent is illegible and hence unenforceable, also if the prescribed terms are missing then its really game over.

 

the section 59 arguement is something to tack on to the end of the list as as sort of add on really.

 

 

good luck

 

regards

paul

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The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 SI No. 1557

 

Legibility of notices and copy documents and wording of prescribed Forms

2.-(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the colour of the paper

 

I think this is what you are after?

Nationwide - Prelim sent 02/07 - MCOL filed 04/07 CHARGES SETTLED IN FULL!!

Woolwich- Prelim sent 04/07 - Offered 90% - 06/07 accepted

MBNA - Prelim sent 02/07 - CCA request sent 03/07 - CCA reply (illegible + no T&Cs) - DCA sent packing - Restons now trying - gone quiet

Citicard - Prelim sent 02/07 - CCA request sent 04/07 - replied 04/07 No contract & not enforcing!- passed to 1st Credit- gone quiet

Egg - Prelim sent 02/08 - 3 letters - full offer 03/08 SETTLED IN FULL!!

(All starry, rep, clicky thingies gratefully received!)

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