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I do not want to spoil the fun here, but Is it not the case that if it is a modifying agreement, i.e an agreement that is based on a previous agreement, then it is not cancellable?

 

 

 

 

 

 

 

it does have a different agreement number and other people have said that any new agreement superseeds all others..

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I do not want to spoil the fun here, but Is it not the case that if it is a modifying agreement, i.e an agreement that is based on a previous agreement, then it is not cancellable?

 

 

 

 

 

 

 

 

 

Should this agreement not say on it that it is a modifying agreement which i can't see it does. Its getting more crazy every day..

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yes it would be

 

not only unenforceable but in law i believe the agreement does not exsist

 

 

 

 

 

 

Hi again, I would be grateful for your opinion of why you personally believe the agreement does not exsist.

 

I am satisfied that the agreement has not been executed but am not quite there on believing it is any thing other than that.

 

I have had different views on this and I would appreciate your latest opinion on why you may believe the agreement does not exsist or at the very least to be unenforceable. Many thanks..

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  • 3 weeks later...

hi

 

Am following this thread as I too have an agreement I signed three days after the creditor, it does have the cancellation notice on it but none of the prescribed terms, and curious to know if there is any update on this.

 

Thank you

 

Daisy

Daisy

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hi

 

Am following this thread as I too have an agreement I signed three days after the creditor, it does have the cancellation notice on it but none of the prescribed terms, and curious to know if there is any update on this.

 

Thank you

 

Daisy

 

 

 

Hiya, I'm none the wiser regarding this agreement wheter it is unenforcable or not, but am waiting for PPI to be returned, could'nt defend it as court appearence was too stressful to attend without support, so looks like settling for return of PPI with 8%.

 

How you getting on with your agreement ?

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hi

 

Playing letter tennis with the bank as they'r still insisting the agreement is valid. I didn,t know about the date thing. I have my own thread about this but don,t know how to link it. Good news about your ppi, I too have ppi and have been refused a refund. Well done.

 

Will watch your thread with interest and am sorry I cant help with advice about your agreement but I am still learning myself. Best wishes

 

 

Daisy

Daisy

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hi

 

Playing letter tennis with the bank as they'r still insisting the agreement is valid. I didn,t know about the date thing. I have my own thread about this but don,t know how to link it. Good news about your ppi, I too have ppi and have been refused a refund. Well done.

 

Will watch your thread with interest and am sorry I cant help with advice about your agreement but I am still learning myself. Best wishes

 

 

Daisy

Have you posted the agreement up ? What was the name of the other thread. Perhaps one of the site team could link the threads for you.

 

Who was your agreement with ?

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hi

 

Playing letter tennis with the bank as they'r still insisting the agreement is valid. I didn,t know about the date thing. I have my own thread about this but don,t know how to link it. Good news about your ppi, I too have ppi and have been refused a refund. Well done.

 

Will watch your thread with interest and am sorry I cant help with advice about your agreement but I am still learning myself. Best wishes

 

 

Daisy

http://www.consumeractiongroup.co.uk/forum/showthread.php?202570-cca-help-please-%21

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Thank you for supplying link cerberusalert. Hi cca questioner you can have a look now, I blanked the dates out but I signed the agreement at home 3 days after the bank, it came to me in the post already signed by them. It was HSBC and yes the agreement is on the link.

 

Daisy

Daisy

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So,does it make the agreement unenforceable if the punter signs it after the Bank does ?If the signing is not at the Banks premises but at home(Via post)

If so where can this reference(CCA Section)be found?

Stripper

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If you read the whole thread it might explain it for you, look at post 21. I'm still confused by this even after reading the cca 1974. Hoping someone a bit more knowledgable about the regs will eplain.

 

Daisy

Daisy

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From what I can make out from section 61 cca 1974 its to do with signing of agreements, the unexecuted/unsigned agreement must be sent to the debtor who then signs it and sends it back to the bank for execution/their signature. The bank executes the agreement not the debtor therefore by the bank signing the agreement first it remains unexecuted and unenforceable. Thats how I read it hoping someone will clarify. Please dont take this as advice as I am also in the dark over this, it is only my interpretation and could be WRONG.

 

 

Daisy

Daisy

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