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falten

CCA Next Directory, is it enforceable?

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After requesting an enforceable CCA from Next, I have received a signed credit agrement from Next directory. I have blacked out my personal details, signature and date of signing. The terms and conditions on this copy of the credit agreement that Next has sent me seem pretty illegible to me. They have sent a separate piece of paper with a legible blank agreement on it so that I can read the terms and conditions on there.

 

My question is whether all words on the actual signed credit agreement have to be legible or is it just your personal details, date and signature that have to be legible for it to be enforceable? Is it legal then to send an attached form with the terms and conditions on it?

 

Thanks for your help

Falten

 

Next CCA.jpg

 

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If your signed copy is as illegible as the pdf file then you can dispute it and tell them to send a legible one. By the looks of things the prescribed terms are actually there but it doesn't comply to CCA 1974 because of the legibility.


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Thank you for your reply. Yes, the copy agreement is as illegible as the pdf in my previous post. When I made my initial CCA request a while ago, Next sent me the same illegible copy. So I sent them a letter saying it is unenforceable due to illegibilty. They have now sent the exact same illegible copy again with a separate sheet of paper containing a legible blank credit agreement and the prescribed terms and conditions. They are claiming that for the CCA to be legal and enforceable, the only details that need to be legible on it are my personal details, date and signature (all of which are the only things legible on the document). So do you think they are just trying their luck with me?

 

Thanks

Falten

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So do you think they are just trying their luck with me?

Too right they are.

 

Everything should be legible, particularly the 'prescribed terms' which must be within the 'four corners' of the signed agreement.


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Do you happen to know where I can find the quote from the credit act that talks about the requirement for legibility of credit agreements?

 

Thanks

Falten

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Signing of agreement.

 

s61. CCA 1974

 

(1) A regulated agreement is not properly executed unless -

 

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

 

(b) the document embodies all the terms of the agreement, other than implied terms, and

 

© the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible


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