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Mightyacorn's O.H. -v- G E Money


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O.H.'s just received reply to defense from Howard Cohen, could someone have a look please at the agreement, she is due in Court in August.

 

http://i461.photobucket.com/albums/qq331/mightyacorn2008/Dorothy%20Perkins/DorothyPerkins.jpg

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I'd say that's not enforcable,

 

On the grounds of:

It's an application form

wheres the APR?

 

 

Yes, it's an application form, but it does say CREDIT AGREMENT REGULATED BY THE CONSUMER CREDIT ACT 1974, it also states in signature box "This is a credit agreement....." does this not make it enforceable?

 

The APR is in the top left hand corner of the box at the bottom.

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It isn't the heading that makes an agreement enforceable, it is the prescribed terms. I cannot see any sign of a repayment schedule but then the bottom half is illegible. I would argue that the bottom half is illegible and that makes the agreement unenforceable - it must be legible so you can read it easily.

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it's "only" 5 hunderd quid, if it gets to court it will take six month maybe longer, in that time save up the money.

 

then either half way through offer cl a 50% full and final (if you can afford too)

 

or try and beat them if you lose pay the 500 in the first 30 days and the CCJ dos'nt go on your file.

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It isn't the heading that makes an agreement enforceable, it is the prescribed terms. I cannot see any sign of a repayment schedule but then the bottom half is illegible. I would argue that the bottom half is illegible and that makes the agreement unenforceable - it must be legible so you can read it easily.

 

I have a feeling that the copy is reduced in size, so they are going to produce one in Court which is full size and readable, so I think that is insufficient to argue unenforecabilty on.

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it's "only" 5 hunderd quid, if it gets to court it will take six month maybe longer, in that time save up the money.

 

then either half way through offer cl a 50% full and final (if you can afford too)

 

or try and beat them if you lose pay the 500 in the first 30 days and the CCJ dos'nt go on your file.

 

It's not only £500, it statrted at £500 but they've built the limit up to £1200 over the four years it's been in existence.

 

And she's due in Court in August.

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