Could someone please tell me if this CCA is enforceable?

[Helenatroy]

It's from MSDW - Goldfish sent it to me last year.

It's from the year 2000.

 

The writing is tiny and is very hard to read, although I can read most of it with a magnifying glass.

 

My personal details including my signature are on the top half.

 

The bottom part appears to have the prescribed terms

 

However, the middle part is the address the application form was to be mailed to - this application form was also a reply paid 'enevlope', so that when folded over, it just had to be posted in the mail box.

 

Please let me know what you think.

 

 

Thank you.

 

HelenaTroy

[UnitedFront]

They have to send you a legible copy, but I suppose it entirely depends on how legible the actual copy you have is.

 

Someone with more knowledge than me will no doubt be along very shortly to advice!

Cheers.

UF

[B3rty]

Unfortunately its got the prescribed terms, your details and signature so it would be hard to dispute it let alone present a legal argument in court. I think legabilty, albeit a condition, would be a tough one to call.

 

Have a look through 1983 No 1553 Consumer Credit (Agreements) Regulations because this talks about the prominence of wording and legibility and the order which is should be shown and I have often thought this could be used .

 

You can download a copy here and the quote is shown below

 

http://www.check-my-debt.co.uk/uploaded_files/CCAR-SI-1983-1553.pdf

 

[2 Form and content of regulated consumer credit agreements]

[(1) Subject to paragraphs (2) and (9) below, documents embodying regulated consumer credit agreements (other than

modifying agreements) shall contain the information set out in Column 2 of Schedule 1 to these Regulations in so far as it

relates to the type of agreement referred to in Column 1.

 

(2) Where any information about financial and related particulars set out in paragraphs 9 to 11 of Schedule 1 to these

Regulations cannot be exactly ascertained by the creditor, estimated information based on the assumptions referred to in

paragraph 10 of that Schedule, where applicable, and otherwise such assumptions as the creditor may reasonably make in

all the circumstances of the case and a statement of the assumptions made shall be included in documents embodying

regulated consumer credit agreements.

 

(3) Subject to paragraph (9) below, documents embodying regulated consumer credit agreements, other than

agreements of the description specified in the Schedule to the Consumer Credit (Notices of Cancellation Rights)

(Exemptions) Regulations 1983 in relation to which there are no charges forming part of the total charge for credit (in this

regulation referred to as "exempted agreements"), shall contain statements of the protection and remedies available to

debtors under the Act, in the Form numbered in Column 1 of Part 1 of Schedule 2 to these Regulations and set out in

Column 3, in so far as they relate to the type of agreement referred to in Column 2.

 

(4) Subject to paragraphs (5) and (9) below, the information, statements of the protection and remedies, signature and

separate boxes which this regulation requires documents embodying regulated consumer credit agreements to contain,

shall be set out in the order given by paragraphs (a) to (f) below under, where applicable, the headings specified below--

(a) the nature of the agreement as set out in paragraph 1 of Schedule 1 to these Regulations;

(b) the parties to the agreement as set out in paragraph 2 of Schedule 1 to these Regulations;

[© under the heading "Key Financial Information", the financial and related particulars set out in paragraphs 6 to

8B, 11 to 14 and 15 to 17 of Schedule 1 to these Regulations;]

(d) under the heading "Other Financial Information", the financial and related particulars set out in paragraphs 3 to 5,

9, 10, 14A and 18 to 19A of Schedule 1 to these regulations;

(e) under the heading "Key Information"--

(i) the information set out in paragraphs 20 to 24 of Schedule 1 to these Regulations; and

(ii) the statements of protection and remedies set out in Schedule 2 to these Regulations; and

(f) the signature box and, where applicable, the separate box required by paragraph (7)(b) below;and such information, statements of protection and remedies, signature and separate boxes shall be shown together as a

whole and shall not be preceded by any information apart from trade names, logos or the reference number of the

agreement or interspersed with any other information or wording apart from subtotals of total amounts and cross

references to the terms of the agreement.

 

Taking the highlighted passage which says nothing must come between the listed elements and they have their address and postmark.

[Desperate Daniella]

Hi,

 

There are a lot of slightly different MSDW application forms from 2000 and most of them are inconsistent - the front will have references to terms that don't appear on the back, paragraphs have been removed, and so on.

 

I can only see one 'fold here', so it looks as though the document was folded in half in which case all the Financial and Related Particulars would be on the back of the 'envelope'. That would be very weird.

 

Have a good look. See if you can find anything inconsistent in it. My application has two questions missing compared with an apparently identical one posted on here. That cagger took PPI and I didn't, so my questions about that have been totally removed, and most of us have had our Q4 blanked out.

 

We have written to Barclaycard asking about this and been ignored.

 

Do join some other MSDW threads and have a look at other applications.

 

DD

[reggie76]

I also can't see any fees for default, missed payments etc. but it is hard to read.

[Helenatroy]

Thank you for your help and advice.

HelenaTroy