A & L - Enforcable Agreement???

[Pinky69]

If it has no interest rate then it will be unenforceable but it's best to wait until you have scanned and posted them so they can be looked at in detail. Remember to cover over all your personal details before you post.

[Pinky69]

You can send them a letter informing them that they haven't fulfilled your request and why what they have sent you is unenforceable. It's better to wait until the 12(plus 2) days have passed before you do this, after which time they are in default of your request and you don't have to pay them a penny until they do send you a true copy of the original agreement.

 

People "subscribe" to push your post further up the page for answers. There are some professional "subbers" around here as you can see!

[Pinky69]

Sorry - they are not coming up properly so they can be enlarged.

[Pinky69]

I've never used it but there is a link on here - someone will come along with it:-)

[Pinky69]

If this is the quality of the document they sent you, it is totally illegible and they must send you a legible copy. The original of this would never be enforceable in court becuase you cannot read it. What they have sent you is an application form - it has no reference to an APR so does not fulfill the requirements for prescribed terms - with a set of Terms and Conditions tagged on that bears no relationship whatsoever to the form. Your application was in 2002 - these Terms and Conditions pertain to agreements after 2004.

Also, it goes from Page 1 to Page 3 then the Terms and Conditions - where are Pages 2 and 4?

 

So there is your letter - they have not fulfilled your request under the CCA 1974 as the document they sent you is 1) illegible 2) an application form without full prescribed terms (don't tell them what is missing - don't do their job for them) 3) is incomplete with pages missing. In addition the Terms and Conditions do not pertain to the alleged agreement and they have not sent you statements as required by the Act. They are now in default of your request and until such times as they send you a true copy of the agreement requested, the alleged debt is in dispute and any enforcement action on their part will be contrary to the CCA 1974, the Administration of Justice Act 1970 Section 40 and OFT guidelines.

 

In other words, they can bog off with this load of cobblers and not return unless they can find a proper agreement!:grin:

[Pinky69]

Corrections - "you are now in default of my request" - and " until such times as you send me" - apart from that - go for it!

 

The CCAs were sent on 27 May so the 12 (plus 2 days) were up on 16 June.

[Pinky69]

We were not talking about the summary criminal offence - we were talking about pursuant action whilst the account is in dispute - and it is now in dispute.

[Pinky69]

Not having your initial request letter doesn't matter - you have their response so you must have written the letter!

[Pinky69]

No surprises about what they think of people surely - and it doesn't matter what programmes they run for decision- making, if they don't have an agreement, they can't enforce debt - end of. It doesn't say anything about their super-dooper software checking to see if they have legal agreements!:grin:

[Pinky69]

Another good letter Multay - they needn't bother chancing their arm with you!:grin:

[Pinky69]

I recently got a constructed credit agreement from the BOS. I wrote and told them that the OFT's view on this is that it is impossible to tell whether or not a constructed agreement bears any comparison with the original as the original is missing, so they are on a hiding to nothing. It also doesn't have my signature on it so I wonder what was the point of them even bothering.

[Pinky69]

An agreement must have the prescribed terms to be enforceable but a Judge can rule it enforceable if it has the prescribed terms but is not signed in the prescribed form ie with the creditors signature (CCA 1974).

[Pinky69]

That's an easy one. A short reply saying it is THEIR understanding of the CCA 1974 that is wrong, that you do not acknowledge any debt to them or any client on whose behalf they purport to act and that the inabilty to produce a true copy of a properly executed agreement in relation to an alleged debt is a complete defence in law. Add that this will be your only correspondence to them and that if there is anything about your letter they do not understand, they should consupt a competent lawyer. Chancers!