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Unenforceable Credit Agreement

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Thank you for this beautiful site. I might have wrongly posted my message in an ongoing thread without attachment. Thanks to cds for his response. I have now attached on a new thread the pdf file of that agreement. Please I have requested the CCA which came after 42 working days. I then wrote a letter confirming the lapse of time which renders the agreement unenforceable and moreso disclosed that the agreement seems not conform with the CCA 1974 requirements. Later they acknowledged and promise to address the letters as complaints and ask for more time to reply. They finally reply and apologised several times and confirmed all mails, and silent about the lapse of time etc. The interesting part of the letter now stated as thus:

 

......"We noted your comments regarding the copy of the executed agreement we have already provided. However we would refer you to the definition of 'copy' within Section 189 of the Consumer Credit Act which states that 'copy' shall be construed in accordance with Section 180. Section 180 states 'Regulation may be made as to the form and content of documents to be issued as copies of any executed agreement... and may in particular....authorise the omission from a copy of certain material.' The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983, to which you refer, do just that. Regulation 3(2) states 'There may be omitted from any such [true] copy ...any signature box, signature or date of signature."

I never actually referred to the above as claimed except the CCA 1974. Anyway, I have also reported to OFT and Trading Standard Office. Please can anyone advise the next steps based on the above and further rights, if any?

 

Regards

uca.pdf

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Have a read through 'why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement';

 

why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement - The Consumer Forums

 

this will be of interest too;

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish.html


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Hi moderators, thank you for your hardwork helping people out of miseries. Please I'm still expecting reply for the SAR request I made re: the barclays CCA above. But could anyone tell me what to do if they exceeded the 40 days limit, eventhough they sent letter that they will still get in touch?

 

Secondly, I have attached another agreement from M & S, could guys investigate and advise if it is enforceable. This is according to them, the executed copy, because it came with the SAR, and do I do after the SAR receipt from them?

 

Expecting your contribution.

 

Thanks always

 

Credware

MSCA.pdf

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If they fail to provide the sar you can do a couple of things; the first is send them a letter before action, basically a notice warning them that if they do not comply you will apply for a court order to force them. The other is to make a complaint to the ICO who have the power to take enforcement & fine them £5000.

 

The agreement looks enforceable but with it being a microfilch copy you could argue that it's illegible & if it went to court to could bring them to 'strict proof' meaning they would have to produce the original.


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Thank you Cerberusalert. I think writing a letter before court action will be better at the moment and if they failed still, I will go for the IC choice.

 

Should I then ask M & S to produce the original, which I definitely know would not suffice or I should go straight and start the court action. Please what should I ask the court to do? Declare unenforceability if no original or make what claim, etc. Sorry with my confusion of line of action.

 

Regards

Credware

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Have you read through the links I gave in post #2 ? ;)


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Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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17 Port & Maritime Regiment RCT

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Please this is to remind you guys especially cerberusalert, dpick, noomill060 and those that I referenced the last time about the above credit agreement. Meanwhile, I have since got the subject access request and still the same agreement that was provided. The lender insisted it is enforceable.

 

The advise I need now is that, if I'm to challenge this in court on the grounds of illegibility, will that be enough ground to convince the judge? Would the judge not be upset that I am trying to waste their time or think I'm just being unreasonable? I'm sorry if this sounds like a novice, just that this will be my first court appearance and I need some assurance and whether there could be more additional grounds to argue.

 

I just posted another 2 agreement in a new thread under General mistakenly named Credit Agreement, if you guys can check them as well for your comments please. I dont know how I can move it to this area.

 

Expecting your reply ASAP.

 

Regards

 

Credware

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Please this is to remind you guys especially cerberusalert, dpick, noomill060 and those that I referenced the last time about the above credit agreement. Meanwhile, I have since got the subject access request and still the same agreement that was provided. The lender insisted it is enforceable.
They will say that, but if it ever went to court you could bring them to 'Strict Proof' which means they would have to produce the original not an unreadable microfilch copy which they have provided to you.

 

At the moment you are entitled to continue to dispute this a/c on the basis that they have failed to provide a legible true copy of the agreement.


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Hi ALL

 

Please I want to file in an application to contest validity of the above credit agreement based on illegibility as advised. Now I don't know where to start, since this is not a claim but to declare unenforceability. Can someone please advise me which forms and the processes and the grounds to state including the "Strict Proof" advised.

 

Thanks

 

Credware

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I take it you mean you want to take this to court to get a judge to rule whether it's enforceable?

 

If that's the case, personally I would wait until you receive your sar back to see what that throws up first. Then if you still want to go down that route use the information in the links given in post #2.


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Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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