Is this enforcable? dlc/hillsden reply to CCA

[pearlypinks]

I was wondering if someone could have at look and see whether this is enforcable. As far as I can see, its an application form but im not sure! It is 2 sided with the usual details on the front (name, address, bank details etc) and on the back it has financial and related conditions. However, the back is almost unreadable (to be honest, so is most of the front) especially the boxes containing info on my rights!

 

http://i21.photobucket.com/albums/b256/pearlypinks/s2.jpg

http://i21.photobucket.com/albums/b256/pearlypinks/s3.jpg

 

Any help is greatly appreciated, I would never have even got this far if I hadn't had help from the amazing people on here!

[UnitedFront]

As I understand it, for a company to discarge their obligations under the Consumer Credit Act, they have to supply to you a true copy of the alleged credit agreement.

 

It is difficult to read the one that you have posted up, but can I ask if you can read, on the one that they have sent you, all the prescribed terms which are (pulled from the "Is it enforceable" thread:) ):

 

Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

[pearlypinks]

Thanks United Front, I know the copy Ive posted up is hard to read, I'm having a job reading it myself!

 

It does lay out on the back of the copy:

 

'set out in paragraphs 1 to 12 below are some of the provisions contained in conditions 8 and 9 of the MBNA credit card terms and conditions. The other conditions referred to in those paragraphs and the applicable definitions can be found in those terms and conditons' (I dont have these T&C's)

I could write all 12 paragraphs but it will take me forever! It does seem to have most of what you've said but the fact that it is an application form still makes me wonder!

[UnitedFront]

From what I have read, an application form can double as a credit agreement. However, can I also ask if your signature is actually on the SAME PAGE as the prescribed terms you speak of above? Or is it on a different page (that they will no doubt claim is the back of the first page)?

 

UF

[pearlypinks]

My signature is on the first page (front page) with the date - 24th February 2000. I get the feeling that this copy is a bit dodgy! On the back page is a big space at the top with a few very faint lines that you can't make out on the one ive psoted, have they covered something up or is it just wishful thinking!!

[UnitedFront]

Someone will be along shortly no doubt as I have a feeling that I have read somewhere that your signature needs to be within the same four corners as the prescirbed terms.

 

However, I may have misunderstood this, so please do not take it as gospel or advice!

 

Someone with more knowledge will be along shortly!

UF

[pearlypinks]

Is anyone able to clarify this? Am I able to write to them and say it is eligible (which most of it is)?