When is a CCA Unenforceable?

[alf2000]

I have now got 5 CCA's returned to me, 1 of them is unreadable but the rest of them are okay. I know there are certain things that must appear on the CCA to make them count. One of these I believe is that it must be a CCA and not an application form, but does the mere mention of a credit agreement make it one as oppose a mere application form?

 

From what I have read the main things that I am looking for is if it states the APR and if it is really an application form. Is there any other things that I should be looking for when evaluating if what they have sent me is an enforceable CCA?

 

One thing that I have noticed is that some are putting a whole stack of T&C information along with the original form which has been clearly printed at a later date. Or putting a copy of a leaflet with it to show the APR etc.

 

On another it was an internet application there is no signature just a tick box that they have ticked to say they received the application online.

 

Any support anyone can offer on figuring out my CCA's would be greatly appreciated.

 

[maroondevo52]

Hi, alf2000.

 

This should help you a bit.

 

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

 

 

Regards.

 

Scott.

[tendogs]

Morning Alf, I've used this a couple of times and it has stoped them in their tracks;

 

I found the form supplied was entirely illegible and therefore did not comply with regulation 2(1) of Statutory instrument 1557 which states:

 

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.

 

Therefore I aver that (DCA NAME) has failed to discharge their obligations under section 78(1) of the Consumer Credit Act 1974 and as a result are not entitled by way of section 78 (6) of the Consumer Credit Act 1974 to enforce this agreement while their non compliance continue.

 

Try that and see what happens, and from what I can see it doesn't seem to have the prescribed terms anyway.

 

Dogs

[alf2000]

To me this looks like an application form, but it does say regulated by the consumer credit act.

 

It also says to accept our invitation please complete this priority request form.

 

None of the terms appear to be on this form, but I think I can make out something in the signiture area saying that I aknowledge that I have a copy of the terms and conditions before I sign.

 

Ther terms and conditions that have the APR etc are 4 pages long and have been printed out and sent to me with this form, but they are clearly just printed from a template and have no date to say if they are the latest or supposed to be the ones from the time the form was signed.

 

Basically what I am dealing with is an application form that says I agree with the terms and conditions floating about for the consumer credit act.

 

Anyone know where I stand with this? I would have thought I have a good case but is it as strong as I imagine or am I being over optimistic?

[tendogs]

Evening Alf,

 

 

I think the fact that you’re using words like “I think I can make out” is my point entirely. Unless the form has lettering that is easily legible and of a colour which is readily distinguishable from the background medium upon which the information is displayed it fails to comply with regulation 2(1) of Statutory instrument Consumer Credit cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) and this, in and of itself, makes it unenforceable.

 

Surley it’s worth asking them to produce a legable document?

 

Dogs

[maroondevo52]

Hi, alf2000.

 

You could send something along the lines of............

 

Dear Sir,

 

Thank you for the reply to my letter dated XX/XX.2008.

 

Having taken the time to look over the documents supplied in response to my statutory request made under the Consumer Credit Act 1974, I have the following concerns.

 

The document entitled “credit card agreement regulated by the Consumer Credit Act 1974” which appears to bear my signature fails to comply with the requirements of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557). In particular section 2 of the Regulations.

 

As you will be no doubt aware, the Copy Document Regulations requires that documents are easily legible and clearly the terms of the agreement are not easily legible, infact far from it. Many of the terms are blurred and cannot be interpreted and I am further unable to make out the prescribed terms as required by schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). After taking advice on this matter, I am of the belief that this agreement that you have presented before me, as it stands would be unenforceable even by court order. Therefore, I require that you provide me a clearly legible copy of the agreement, where all the terms are clearly legible

 

Should you not be able to supply a clearly legible copy containing the necessary prescribed terms, I would suggest that you give consideration to cancelling this account and reducing the balance to zero. Of course the alternative would be to seek a declaration of my rights under Section 142(1) of the Consumer Credit Act 1974. I am advised that with the documents that you have supplied there would be an extremely good prospect of success with such a declaration. However, I am mindful of additional costs that such action could incur both on my part and on yours so I trust you will give consideration to this request

 

I would appreciate your due diligence in this matter and look forward to hearing from you in writing.

 

**Edit to suit**

 

Regards.

 

Scott.