CCA Request - Agreement/Application? not fully legible

[Hungryforinfo]

I would appreciate help with an issue in connection with a CCA request I made. There are some issues with the reply I received from the credit card company but this thread is about what constitutes 'a copy of the credit agreement being legible/not being legible for the purposes of the CCA i.e. if a single word in the agreement is not legible does that mean the CCA request has not been met until a copy that is 'fully legible (meaning all words on the agreement) can be easily read?

 

I have copied part of another information source into this thread for ease of reference - it refers to the relevant wordings of the CCA regarding documents being eligble but not what constitutes being 'easily legible' or if EVERY word on the agreement has to be easily legible apart from the signature (which is specifically mentioned as an exclusion).

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PASTED IN REFERENCE INFORMATION BELOW:

 

The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) regulates the form of copy documents supplied under any provisions of the Consumer Credit Act 1974.

 

Section 2(1) of those regulations states

 

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 .

 

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The copy agreement I have been supplied has a section at the top which seems to be about completing the form in full or the application will be delayed. There are 2 or 3 lines of text after this that you cannot make out any words whatever. The document seems to be a combination of agreement and application form which I mention in case it has any bearing on any posts on this thread eg. legibility only applies to the 'agreement section' not the 'application section'.

 

[PGH7447]

post it on here for people to examine it for you, removing personal details first

[Hungryforinfo]

I have attached (i think!) a pdf scanned image of the 'agreement'. The undated signature of the creditor (if that is what it is) is at top left and the worst of the illegible text is at top right. I can't read about 2 lines at all. Would the illegible text invalidate this copy of the agreement from the perspective of the credit card company fulfilling the requirements of my request under the CCA 1974? Is the credit companies undated signature/possible signature acceptable at the top of the page?

CAG attachment 1 19jan09.pdf

Edited January 16, 2009 by Hungryforinfo
Better wording.

[davefirewalker]

I have attached (i think!) a pdf scanned image of the 'agreement'. The undated signature of the creditor (if that is what it is) is at top left and the worst of the illegible text is at top right. I can't read about 2 lines at all. Would the illegible text invalidate this copy of the agreement from the perspective of the credit card company fulfilling the requirements of my request under the CCA 1974? Is the credit companies undated signature/possible signature acceptable at the top of the page?

 

I wouldnt worry too much....its unenforceable as it stands

 

It does no have (anywhere that I can see) the prescribed terms.

 

these are credit limit, rate of interest, repayment schedule.

 

As far as I can make out there is no reference to t&c's overleaf either.

 

Rgds

 

Dave

[Hungryforinfo]

Dave,

 

Thanks very much for taking the time to help me and hopefully others too. It really is appreciated.

[IdaInFife]

You might want to send them this:

 

Dear Sirs,

Account no xxxxxxxxxxxxxx

Re: my request under the Consumer Credit Act 1974

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

My request remains outstanding. An application form with no prescribed terms on it, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. An application form neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until xx/xx.2008 (12+2 working days after the request was made) to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

I expect you to write to me confimring that the account has been closed and no further action will be taken.

I look forward to your reply.

Yours faithfully

 

Ida x