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Is this HSBC agreement enforceable?


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Hmmmmm - your signature does not appear within 4 corners of the prescribed terms (page 1) - it's 4 pages after them (page 5). Therefore, how do you know those terms are linked to you?

 

Just a thought, maybe others will disagree though.....

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Hmmmmm - your signature does not appear within 4 corners of the prescribed terms (page 1) - it's 4 pages after them (page 5). Therefore, how do you know those terms are linked to you?

 

 

Would they not get awy with numbered pages on that issue?

 

David

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I'm not 100% - but I always thought your signature MUST appear within 4 corners of the terms as this then links you to them. The other pages could be from anywhere.......like I say, just my opinion ;)

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Hang on......

 

The legislation requires that the prescribed terms be within the 4 corners of the agreement document and whilst this could be a multi page document

 

I think, on reflection, this may be enforceable.......simply because the pages are numbered. However, you are still missing some pages.

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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That was my initial thought, but then I saw that it can appear in the same document (if the pages are numbered). You're right, it could be argued - these terms may not be the ones originally seen by the OP. Tricky one really.

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Hang on......

 

 

 

I think, on reflection, this may be enforceable.......simply because the pages are numbered. However, you are still missing some pages.

 

I think that the signature has to be within 4 corners of a document containing prescribed terms, so front and back of one page. This does not seem to be what has been supplied. I don't think that they can refer to prescribed terms on another sheet.

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Again, that was my initial thought (and I still sway that way).....it's just the part about being a multiple page document which has thrown me.

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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My OH's cca agreement is exactly the same as Lapchien66 and if you see my thread so many ppl have said that it is enforceable. My OH's and the OP's agreement have both been signed by the same name on behalf of HSBC.

 

Anyway good luck with this, keep posted how it goes

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Thanks for the comments, I hadn't noticed that the pages looked out of number/order.

 

The cca is part of a pack of statements that were sent by connaught, the cca piece starts with an internal header sheet from hsbc, with Page 1 of 5 at the bottom, then page 2 of 5 on the 'top sheet' (first page in the scan, you can see it as RETURN THIS COPY Page 1 of 6 in the scanned document). Page 3 of 5 has RETURN THIS COPY Page 4 of 6 in the scanned document, Page 4 of 5 has RETURN THIS COPY Page 5 of 6 in the scanned document, lastly Page 5 of 5 has RETURN THIS COPY Page 6 of 6 in the scanned document.

 

So it looks like they haven't sent page 2 of 6, or page 3 of 6.

 

What they have sent is confusing and therefore at the very least arguable, does everyone agree?

 

Next actions on this - should I ask connaught to clear this missing page issue up?

 

There is a default registered by hsbc, should i ask the OC or DCA for a copy (may not be constructed correctly)?

 

There's also a number of high penalty charges on the statements.

 

The overall balance on this account is about £1200.

 

Thanks

Lapchien

Eyes opened and back in control of my life thanks to this site x

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My OH's cca agreement is exactly the same as Lapchien66 and if you see my thread so many ppl have said that it is enforceable. My OH's and the OP's agreement have both been signed by the same name on behalf of HSBC.

 

Anyway good luck with this, keep posted how it goes

 

 

Any chance you coudl post a link to your thread please frettful38..?

Eyes opened and back in control of my life thanks to this site x

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