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is this cca enforceable please


gwa70
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IMHO, it would be enforceable as it contains the prescribed terms.

 

Have a look at these links which may help you understand the enforceabilty of the paperwork (courtesy of 42man & steven4064) -

 

 

Is My Agreement Enforceable - Useful

Consumer Credit Agreements

 

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there is no specific credit limit on this cca.........."we will tell you from time to time what your flexible loan limit is".......

 

surely therefore it is not properly executed.......or am i missing something??

 

 

it mentions further down an assumed credit limit of £7000...........

what happened with these loans as i seem to recall is that the sent you the terms already signed by them then you sent it back and they authorised a credit limit after final checks.........you found out what it was when you logged into you account........

 

am i onto something??

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3 Other considerations

 

In addition to the above, there is a requirement that an agreement should be legible under regulation 2 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

 

Quite often, credit card companies in particular do not appear to keep copies of the executed agreements but rely on the 1983 regulations allowing them to 'reconstruct' the agreement. If a case based on such an agreement comes to Court, the defence should point out strongly the requirement of the Civil Procedurelink3.gif Rules (CPR). Paragraph 7.3 of Practice Direction 16 says

 

Quote:

7.3 Where a claim is based upon a written agreement:

 

(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing.

Another Practice Direction says that a copy of the contract document does not need to be attached if the claim is made via MCOL. However, the requirement to produce the original in court is still valid.

 

 

also i,m not convinced at all that this is a copy of an original and am pretty sure they could not provide the priginal in court.........has anyone challenged cahoot or anyone else and called their bluff...........is there a well worded letter about to tell them i think this is a constructed cca and see you in court.........politely of course..

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