Help needed regarding illegible application/CCA, thanks !

[pt2537]

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

[pt2537]

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

[pt2537]

Thanks Rory.

[pt2537]

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

[pt2537]

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

[pt2537]

Yep, you beat me to it, thanks steveH2508