Is this agreement enforceable? Help needed!

[Longwaydown]

Hi all, I've got a thread running in Lloyds forum, but doesn't seem to be getting much response. I would be grateful for your valued opinions on whether this agreement is enforceable:

 

 

I've got MHA on my back, so I need to know whether to concede defeat or fight on.

 

Thanks in advance.

[evancosmo]

Hi there it may be worth looking at the agreement (I couldnt read it properly) to see if it includes:

 

(1) The rights & duties imposed on the debtor by the creditor (s.60(1)a);

(2) The amount & rate of the total charge for credit (s.60(1)b); t

(3) Information on protection & remedies available to the debtor (s.60(1)c); t

(4) the information in response to points 1 to 3 is clearly presented as part of the agreement (s.60(2)b)

(5) your signature (for agreements starting before 01.04.07 - s.61 (1)a)

Without all of these prescribed terms the CCA is improperly executed. Couldnt tell what the start date was but based on it being pre-2007 the following also applies:

 

An improperly executed agreement can only be enforced by a county court judge (s.65(1)). The creditor cannot make you pay. The law prevents a judge from enforcing an improperly executed agreement that has no signature (s.127(3)) This is why Caggers often say not to sign letters to DCAs etc for fear of creative photocopying! The 2006 Act revokes s.127(3) but not retrospectively i.e. this cannot be used for agreements started after 2007.

 

 

I'm a bit of a newbie, hope this helps. Bumping this thread, at the very least, may get it noticed by one of the stalwarts of this site.

 

 

Good luck!

[Longwaydown]

Thanks Evancosmo, I'll check those points out. The agreement is signed, just hidden for the purposes of the forum. It is my signature too and it started in 2004.

[Longwaydown]

Having looked through the agreement, there doesn't appear to be an amount and rate of the total charge for credit, although it does list current monthly and APR rates. As this is a credit card, I would have thought a total charge would be difficult to set out?

 

Interestingly though, the agreement refers to parts 6,7,9 and 11, none of which have been provided under my SAR. Do I take it that the agreement is incomplete?

[Longwaydown]

Anyone else have a view on this?

[Longwaydown]

Could a mod post this in the Debt collection section please? It may get a better response there.

Many thanks