Band of Scotland CCA - help please

[Battle weary]

I CCA'd BoS on 01/10/07

I sent 12+2+30 day letter of default by Recorded Delivery 19 November.

 

Their reply is attached together with what is an application form sent a couple of days later - although an illegible copy.

 

Can they now pursue me for this money. I cannot read the form but blowing it up to A3 it definately says "application form" although later it does refer to the CCA 1974. I cannot read any of the rest of the content of the form.

 

Also are they correct in their letter that a credit card application contains a copy of the terms, conditions and rights, making the document a full credit agreement. I want to reply to their letter and would like a legible copy of the application form.

 

Can anyone give me some assistance please as I am a newcomer to all this.

 

Thank you very much in advance.

Bank of scotland.pdf

[pt2537]

well if its as bad as what youve posted then its illegible and not compliant with the CCA 1974 and the Consumer Credit (Cancellation Notices and Copies of Documents)Regulations 1983 (SI 1983/1557)

 

2 Legibility of notices and copy documents and wording of prescribed Forms

 

(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 .

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed

agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act

without any alteration or addition, except that--

(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed

by these Regulations; and

(b) every Form shall be completed in accordance with any footnote.

(3) Any such footnote shall not be treated as part of any Form prescribed by these Regulations and may be reproduced

in addition to any such Form.

(4) Where any such footnote requires any words to be omitted, those words shall be omitted or deleted.

 

this is not legible and therefore you can request they send a legible copy

 

regards

paul

[Curlyben]

What a wonderful scan they have sent.

Well as there are NO prescribed terms present and it is mostly illegible, this makes it unenforceable.

 

They are taking out of their collective bottoms on this one.

 

Now I'd wait for them to demand payment again then hit them with that fact.

No need to tell them now as the CCA clock is still ticking.

 

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

[phill123]

well this ian application form and by virtue if the CCA 1974 it is unenforceable as it is not an agreement. even bank of scotland admit this is an apllication form/ send them a letter telling them to faf off as it is unenforceable as curlyben said it ther is no prescribed term.

 

when it is the last time you have acnowldeg the debt as it seems that this application form was signed on 09+ July 1997?

[Battle weary]

Hi Phill123

 

Well the silly billies that we are we have been struggling to pay off with an arrangement for the last few years until we found this site!

 

Not anymore, so our clock only started ticking on 01 October 2007 with our request for the CCA.

 

Thanks for all the advice guys. xx

[Fred Bassett]

Subscribing.

[rosierose]

Hello BW

 

This is fairly typical of the record keeping of a certain age at HBOS - I have one just like it! Utterly, irredeemably unenforceable. Hang in there. Their bark is much worse than their bite.

 

Have a look at: http://www.consumeractiongroup.co.uk/forum/general-debt/119530-what-would-you-do.html

 

Regards

 

Rosie

[Having_A_Knightmare]

Hi

 

Totally unenforcable lucky you