County Court Action

[MakemBill]

My wife has a County Court action against her put in by CLF which I (on my wife's behalf) asked the court to hold while I attempted to get a copy of the CCA from them. CLF (and their solicitors HC&Co) agreed to hold the action while they processed my request. They have now sent me the original document that was completed in store at Debenhams, which in essence is an application form.

It states;

Thank you for taking the time to apply for an Account Card.

It then goes onto the next section, headed;

Credit Agreement Regulated By The Consumer Credit Act 1974

By this agreement made between you the Customer named below and ourselves GE Capital Bank Ltd of Trent House, Torre Road, Leeds LS99 2BD agree to open an account in your name on the terms set out below and overleaf. It then goes on to take the personal details (and the PPI was accepted, incidentally)

 

While it is an in store application form signed by my wife and the check out gal, does this constitute a formal credit agreement and if not, why not and what does?

 

What do you good people suggest we do about the action? Make an offer through the courts who are asking us to provide full financial details?

 

This is an urgent issue and while I really do appreciate your resources are spread very thinly. I would be very grateful for a quick response.

 

I'll start another thread about other issues so this thread can concentrate on this issue. I hope that's OK.

 

Thanks in anticipation guys. Bill

Edited July 14, 2010 by MakemBill

[harrassed senior]

It would be helpful if you could scan and remove personal details and post the paperwork they have sent you on this thread for an opinion to be given.

 

Normally an Application Form is just that, and not a Credit Agreement. How long ago was this taken out?

[harrassed senior]

It may be that you could also send a Pre-Court Request as well, but see what others have to say.

[MakemBill]

Hope this works, I'm trying to attach the CCA from CLF.

 

[MakemBill]

That's quite obviously a wee bit small.

 

Seems I need a bit more advice on how to post a good sized image for you guys to read.

 

The credit agreement was taken out in September 2002 and has been paid at a rate of £4 a month until recently.

[MakemBill]

I think I sussed out how to attach these docs now. Hope they're legible. They aren't the best photocopys you've ever seen.

 

CCA Debenhams.doc

 

CCA Debenhams Terms.doc

 

I am expecting a letter any day from CLF restarting the county court action so any advice will be well received.

 

I did set out a defence online stating that they hadn't adhered to a previous request for a CCA and I was applying again following the action. They agreed to wait until I had received the CCA before pursuing their action.

[diamondgirl]

Sorry i can't open either doc.

 

 

DG

[MakemBill]

I'm sorry too DG,

I uploaded them to my managed files and attched them via the paperclip. Any ideas why they're not opening?

Thought I'd cracked it.

Can anyone else open them or tell this plonker what he's doing wrong?

Cheers

MB

[miss muppet]

Hi MakemBill, try using a free photoimaging site such as photobucket, even a technophobe like me managed to use it after a couple of attempts!

[MakemBill]

Thank you...I'll give it a whirl

[MakemBill]

Try this link and see if you get what I see.

 

Billy Private :: Debenhams CCA picture by makembill - Photobucket

[harrassed senior]

Well they are the right size to 'read' but as you say the photocopying is not good. Are they this illegible in realtime?

 

They must be legible to comply with your CCA request.

 

Hopefully others will be along with better eye sight to see if this is enforceable.

[MakemBill]

The application form is legible but the terms are fairly faded, but I don't have good eyesight so to a person with an average prescription they would peobably be able to make out the script.

 

Let's wait and see if anyone else comes by and offers their opinion.

 

Thanks Senior

[MakemBill]

I notice that some of the terms are off the page, but I reckon I'm probably being a bit pedantic to whine about that, aren't I?