Help with an HSBC CCA please

[BlueSquirrel]

Can somebody tell me if this is enforceable please? Is it Ok to have the prescribed terms within the Terms & Conditions if the agreement refers to them?

 

http://i341.photobucket.com/albums/o361/BlueSquirrel_2008/HSBC.jpg

Edited July 21, 2008 by BlueSquirrel

[citizenB]

bump

[Curlyben]

As the referenced picture stands it ISN'T compliant.

The only prescribed term it appears to contain is the credit limit.

[Helios]

snap i got the same from HSBC, unenforceable imho

[BlueSquirrel]

I thought it probably wasn't, I just wondered if it was OK if they put the rest of the terms in the T & C as long as they referred to you having signed agreement to them in the form.

[davefirewalker]

I would say unenforceable.......but depends on the judge. he may read that you agreed to the terms and conditions, and the terms that hsbc supplied were correct. However the judgments in wilson and hurstanger show that the terms should be within the document signed and not in any other document, and if the prescribed terms are wrong or missing, then the agreement is unenforceable.

 

its a bit of a lottery....you takes your chance !!!

 

Dave

[BlueSquirrel]

Thanks Dave.

 

I guess if the T & C aren't in the same document, how can they prove that you had that bit or what you had is the same thing they are producing now. Is the onus on them to provide stuff and prove they sent it or is it on us as the borrower to make sure we kept all the bumph?

[davefirewalker]

Thanks Dave.

 

I guess if the T & C aren't in the same document, how can they prove that you had that bit or what you had is the same thing they are producing now. Is the onus on them to provide stuff and prove they sent it or is it on us as the borrower to make sure we kept all the bumph?

 

The responsibility is on their shoulders to prove that they have sent you all the bumpf, and that is was all legal and above board. you just have to query it.

 

but as I said, it depends on the judge....I have seen some absolutey AWFUL judgments, that go against logic and the law.......???

 

Dave

[BlueSquirrel]

I am hoping that since I am no longer in the UK they will think with a potentially iffy agreement there is no point going to court. I guess we will see.