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Me Vs DLC/Hillesden


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Well after 19 months of waiting (CCA Sent 03/08/06) DLC/Hillesdens have sent the following as an alleged CCA Agreement.

 

It is mostly unreadable, But could someone have a look and tell me if it's acceptable.

 

I have Noticed that it isn't SIGNED by Associates / Citi just been typed in (is this acceptable? thought they had to sign and date it?)

If my posts have helped you please use the scales at the top of my posts :)

 

Any opinions from Jannercobbler are strictly my own and I have no affiliation with any group or services.

 

The two most beautiful words in the English Language are "Cheque Enclosed" - Dorothy Parker

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/399-abbey-letter-sent.html

 

Me v Abbey - £3000 + Int + Costs + Credit File Cleaned.

 

LBA Sent 12/3/06

Court Claim started - 31/5/2006

Allocation Questionnaire Filed - 24/7/06

Court Date allocated 31/10/2006

 

Me v Citi-Cards - CCA Sent 27/07/06

Me v Citi-Cards - Data Protection Act Sent 03/08/06

Me v Capital One - Data Protection Act Sent 03/08/06

Me v Hillesden Securities - CCA Sent 03/08/06

Me v Hillesden Securities - DPA Sent 03/08/06

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Hi Janercobbler. I am bumping this so others can comment.

 

I will say, though, that an enforceable agreement must be legible for starters!!

 

Is there any info re payments, payment date etc?

 

Are the T & Cs linked to the 1st page?

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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These scans are indeed difficult to read, but they seem to have reference to the prescribed terms.

Can you read through them and see if they do.

 

 

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

Be VERY careful whose advice you listen too

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Does the Creditor have to sign it or can they just type things in the box where they should sign?

If my posts have helped you please use the scales at the top of my posts :)

 

Any opinions from Jannercobbler are strictly my own and I have no affiliation with any group or services.

 

The two most beautiful words in the English Language are "Cheque Enclosed" - Dorothy Parker

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/399-abbey-letter-sent.html

 

Me v Abbey - £3000 + Int + Costs + Credit File Cleaned.

 

LBA Sent 12/3/06

Court Claim started - 31/5/2006

Allocation Questionnaire Filed - 24/7/06

Court Date allocated 31/10/2006

 

Me v Citi-Cards - CCA Sent 27/07/06

Me v Citi-Cards - Data Protection Act Sent 03/08/06

Me v Capital One - Data Protection Act Sent 03/08/06

Me v Hillesden Securities - CCA Sent 03/08/06

Me v Hillesden Securities - DPA Sent 03/08/06

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