CCa 1974 and credit cards

[atwozee]

No prescribed terms – no signature of creditor – ineligible but they might still have the original which would negate that point.

Unenforceable in my opinion but maybe someone more knowledgeable can confirm.

[atwozee]

I can’t see a signature of the creditor or a place on the agreement where one would go which makes it improperly executed and therefore unenforceable. The t&c’s and prescribed terms may be relevant if the original document is two sided but if it’s two separate sheets then nothing ties one sheet to the other.

[atwozee]

I think it’s improperly executed others may not so you might want to wait for a second opinion.

Only you can decide what you want to do from here and it depends on what you are trying to achieve with the creditor. If I believe that I have been sent an unenforceable agreement I stop payments and let them know the reason why – if they want to take me to court to enforce the debt then that’s up to them.

[atwozee]

Write to them and tell them that the copy they have sent in response to your request is illegible and you therefore require them to copy the original document and send the copy to you. You really need to establish if they can produce the original agreement in court because the one they have sent isn’t really readable.

Again this is only my opinion but I think a judge would have great difficulty enforcing the agreement on the basis of what’s been sent.

[atwozee]

The Consumer Credit Act states -

61. — (1) A regulated agreement is not properly executed unless—

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

Then it states –

Consequences of improper execution.

65 — (1) An improperly-executed regulated agreement is enforceable against the debtor or hirer on an order of the court only.

So in your case it would be up to a judge to make a ruling on whether the agreement was enforceable. It would have to be readable for a start.

[atwozee]

They have actually responded to your request but if you can’t read the agreement then I would write to them to say that you are not satisfied with their response to your request. I would also tell them that you are putting the account in dispute until such time as they send you a legible copy.

They might send you a better copy or they might not.

[atwozee]

Hi Jay – its fine but they know (and choose to ignore) their responsibilities under the act. Try something short and sweet like this -

Account Number xxxxxxxxxxxxxx

Dear sir/madam:

Thank you for your reply to my request for a true copy of any alleged credit agreement regarding the above account. Unfortunately the copy you have sent is of a poor quality and illegible and therefore does not comply with my request.

This account will remain in dispute until such time as you supply me with a legible copy.

Yours faithfully,

[atwozee]

Or rory’s – which is a little more detailed!

[atwozee]

Are you looking for judgement under s142 – I think it will cost you to do this and if they have the original you might be in trouble.

Why don’t you send them another letter asking them to make the original copy available for inspection at your local branch.

[atwozee]

No – but try this –

Dear Sir/Madam

Account Number xxxxxxxxxxxxxxxx

I wrote to you recently regarding the poor quality of the documents you have sent in response to my request for information under section 78 (1) of the Consumer Credit Act 1974. To ensure that this doesn’t happen again might I suggest that you arrange for the original document to be made available for inspection by me in person at my local branch.

Please advise me at your earliest convenience where and when the document will be available for inspection.

Yours faithfully,

Print don’t sign.

There should be no reason why they cannot comply unless of course they don’t have the original.

[atwozee]

It’s difficult to offer any more advice other than has already been offered. A lot depends on how far you personally want to go with it – if they tried to enforce this agreement in court would you be happy to defend? If it went to court and you lost could you live with the ccj?

Do they have the original? Asking them to produce it was a way of finding out but they haven’t played ball and you’re none the wiser. Will they need the original in court? That’s the big question really – can you see a judge ruling that the copy you have is good enough to enforce the debt? I can’t but then I’m not a judge.

I think lots of people are in the same situation as you – some decide to stop paying and wait for the next step – others decide to offer a token payment. I don’t think anyone can tell you what to do now but they will help you get through it if it goes to court.

[atwozee]

They should reply by sending you a copy of any document that contains your personal information – so in the case of your credit agreement you want to see a copy of the front and back (it’s best to stipulate this in your request) – as underdog13 said in an earlier post, the back of your agreement (application) can’t be as they claim because it says bank copy.

Let’s see what they send and then take it from there.