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CCA received and attached - Any advise on if it is enforceable?


Jack_uk
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No, that is not an enforceable credit agreement. It is an application form, with none of the prescribed terms as required.

 

It looks like a fold and seal application form too, so the terms and conditions they sent you couldn't have been on the back.

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Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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Found this site today what a joy for me. I have bad debts from 2002 as follows:

 

HFC Bank Loan

HFC Credit Card

Lloyds TSB x 2 Loans

Capital One credit card

Lloyds TSB credit card

 

Have already been credited all ppi payments as was signed off from working in 2006 and policy did not cover me. The companies letters stated I should have known I was going to be ill. If I had physic abilities I would not be in this mess. lol. Have received refund of credit card charges. Bank charges claim of £3,000 still with Lloyds.

 

Today sent registered letters using template on this site, no signatures requesting copy contracts. I used postal orders for the £1 payments no signatures there.

 

I hated the way these companies treated me in 2006 when I was in and out of hospital. PPI what a joke, you take it out thinking yourself responsible and having peace of mind if the worse happens.

 

Fingers crossed and good luck to everyone else.

 

Big Hugs Yantoe :-)

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Hi Dinkjames

 

Thanks for the info, I also understand that the CC company need to have signed the document on the same page as well, is that correct?

 

Does anyone else have any specifics they can point out so I can put them all in the letter I send them?

 

Thanks,

 

Jack

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Jack, the CC Company need to have signed the document to ensure it was properly executed. Different matter to enforcing it. And they can sign it anytime they want. But they don't sign application forms, which is what you have.

 

Check out the guide to enforceability that Steven put together here http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

 

Scan 2 could not have been on the back of scan 1. It is a self-seal mailer application and there would have had to have been a return address on the back or the bank would not have got it.

 

I would advise using the template letters on this site when dealing with a bank. They have been tried before and some CAGgers have had success. Opening letter for a CCA is Letter N here http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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Hi Tantoe

 

Welcome to CAG. Why don't you start your own thread and then you will get more help (and we won't get confused with jack's stuff)

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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No, that is not an enforceable credit agreement. It is an application form, with none of the prescribed terms as required.

 

It looks like a fold and seal application form too, so the terms and conditions they sent you couldn't have been on the back.

I agree with this assessment. Sometimes it is realy hard to tell whether the terms and application form were originally back to back. In this case, there doesn't seem to be any evidence that they were, in fact there is some that they were not (ref numbers are different, folding as Dinkjames says, etc)

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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