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Tonster

Smile CCA - enforceable?

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Hi

 

I have received a reply from Smile with an application form signed by me and the bank and a 'credit agreement'. Is this enforceable?

 

Thanks

Tonster.pdf

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If they were front and back of the same document it would be considered enforceable, however there are a couple of things; the first is that the side containing the prescribed terms + the other conditions has obvious crease marks across it where it has been folded, however the signed document does not appear to have these crease marks....so is it the same document?

 

The other problem is the fact that the signed document is illegible, is your copy as bad? If so you can dispute it on it's legibility.


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Hi

 

The copy I have is legible. I can see their signature and date and my own and it mentions on the app form the sentence 'I have read the credit agreement overleaf......' so I guess they could be front and back of the same document? It looked enforceable to me but wanted to check. Win some, lose some, it is the first out of 4 received back that looks ok so I can live with that percentage!!

 

I guess the only way of knowing is to ask for the original using the pre-court request i.e. not s77/8?

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I guess the only way of knowing is to ask for the original using the pre-court request i.e. not s77/8?

 

See; 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

 

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


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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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[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Hello Tonster

i have the same problem and they send me the same aggrement what you are writing about did you move forward and if yes what was the out come i want to do as well please help.

 

bye

shakil999

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I replied to them asking if it was front and back of the same agreement and they haven't replied since. I have 8 others on the go at the moment so will just wait until there next move at the moment.

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