CCA received with signature (damn!), should I pay now?

[Skypist]

I'm struggling to pay off monthly amounts of nearly £400 to MBNA on a £15,000 debt so I went down the "stop paying and CCA" route instead of voluntary liquidation (which would affect my livelihood). After several weeks my CCA has arrived with the back terms scanned in and attached. The first sheet is a copy of my original application form stamped by them on 6 Nov 1999. My signature is clearly legible. They have also enclosed the 4 full-page printouts of the new updated terms and conditions (regulated by CCA 1974).

 

What options do I have now? Is the get-out clause now gone?

 

A worried debtor.

[havinastella]

Yes, ask for a proper CCA!

 

Because thats a standard Pre paid application form!

 

Jogs

[Guest liamgee]

The image is a little small to read so in order to receive advise on the matter it may be an idea to rescan all the documents received (obviously blot out all personal information) so we can make out the documents.

 

There is far more to unenforceable CCA than just a signed document (and from what I can make out this is just an application form).

Edited May 26, 2009 by liamgee

[Skypist]

I have attached scans of the each of the pages they sent me, hopefully clearer to read. If anyone can comment on they're enforcability please let me know - just today received the letter they'll be passing it over to the debt collectors.

 

(Just checked the attachments...although saved a decent size they seem to all be too tiny when uploaded on here...any ideas?)

Edited May 28, 2009 by Skypist
jpgs too small

[supasnooper]

TRy using photobucket to host the scans.

 

A tutorial here at post 15 -

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[Skypist]

Now using photobucket...hopefully these scans of their CCA documents are now clearer. Many thanks.

 

http://i734.photobucket.com/albums/ww344/CarlBkk/CCAapplicationform.jpg

http://i734.photobucket.com/albums/ww344/CarlBkk/CCAletter1.jpg

http://i734.photobucket.com/albums/ww344/CarlBkk/CCAletter2.jpg

http://i734.photobucket.com/albums/ww344/CarlBkk/CCAterms1.jpg

http://i734.photobucket.com/albums/ww344/CarlBkk/CCAterms2.jpg

http://i734.photobucket.com/albums/ww344/CarlBkk/CCAterms3.jpg

http://i734.photobucket.com/albums/ww344/CarlBkk/CCAterms4.jpg

[supasnooper]

Hi there,

 

I would say the application form is unenforceable as it does not embody the prescribed terms.

 

Have a look at these links which may help you decide on the enforceabilty of the paperwork (courtesy of 42man & steven4064) -

 

 

Is My Agreement Enforceable - Useful

Consumer Credit Agreements

[cds]

Looks like an application form to me if it had the prescibed terms on it as well they might even had got a judge to say it is a cca. Send a letter stating they are in default of your S77/78 request.

 

Have a look at your scans I think your address is still visible

 

cds:)

[dpick]

Looks like an application form to me if it had the prescibed terms on it as well they might even had got a judge to say it is a cca. Send a letter stating they are in default of your S77/78 request.

 

Have a look at your scans I think your address is still visible

 

cds:)

 

Agree with the above also the T&C they have supplied are post June 2006 (£12 default charges) and should be those in place at inception of agreement (1999) to show that they have the right to change the agreement.

 

dpick