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No because then they will produce a reconstituted version and some gullible DJ will accept as ok.

Forewarned is forearmed.:wink:

 

Andy

ran the above past my solicitor and got this back....your comments please?

 

 

unfortunately i am satisfied that the informationthey have provided us does comply with the consumer credit act 1974. the documents disclosed to us are nto simply a copy of an original application form (which would be the printout of the online application form). it is clear from the documentation that they haveprovided us with a signed agreement along with the terms and conditionslink3.gif that are the prescribed terms under the regulations. in particular in respect to the amount ofrepayments which is contained at 1.4 and 1.2 in addition to that the rate of interestlink3.gif is also stated and in my opinion that amounts to a statement of repayment.had link simply sent to us a copy of the online application form i would agree with you that this would not comply with the consumer credit act, unfortunately as they have produced the signed form which was subsequently sent to you along with the terms and conditionslink3.gif this will satisfy the consumer credit act section 60 (1) cca 1974

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Hi lady

 

Considering this application was 2003 (pre amendments 2007) the prescribed terms must be within the four corners of the signed agreement.(or referred to overleaf or attached or numbered)

The only info on the signed section is Data protection Act.

 

With regards to his comments re on line application I have not got a clue to what he is referring to.Did you make this application on line or on the flyer you have signed and posted up?

 

Apart from that I can hardly read it anyway therefore border illegible.

 

Andy

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Hi lady

 

Considering this application was 2003 (pre amendments 2007) the prescribed terms must be within the four corners of the signed agreement.(or referred to overleaf or attached or numbered)

The only info on the signed section is Data protection Act.

 

 

yes apparently this was made online, bearing in mind it was my ex partner who did it. the signature is a very good copy of mine and the solicitor is pushing me to get a handwriting expert at a huge cost.

 

With regards to his comments re on line application I have not got a clue to what he is referring to.Did you make this application on line or on the flyer you have signed and posted up?

 

Apart from that I can hardly read it anyway therefore border illegible.

 

Andy

 

yes apparently this was made online, bearing in mind it was my ex partner who did it. the signature is a very good copy of mine and the solicitor is pushing me to get a handwriting expert at a huge cost.

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As an online application am I right in thinking a copy was

sent for signature by post?

I to can't figure out what the solicitor means.

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What gave her the impression it was an on line application? The links dont work now BTW.

 

Andy

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It is odd, unless of course at the time the agreement

was made provisions for on line signatures was not available.

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Yes appreciate that Brig but I was referring to the Solicitor, I couldn't see anything about on line application within the CCA posted up.Lady as never mentioned it being an on line application until the Sol made reference to it in her response.

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apparently so...i dont get it either why online then on paper? having never done an online application!

 

Because until December 2004 digital signatures were not accepted as a means of signing the agreement, pre Dec 2004 a paper copy with a signature was also required.

 

Post Dec 2004 a simple tick in the online box is sufficient to amount to signing an online agreement.

 

HTH.

 

S.

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Because until December 2004 digital signatures were not accepted as a means of signing the agreement, pre Dec 2004 a paper copy with a signature was also required.

 

Post Dec 2004 a simple tick in the on line box is sufficient to amount to signing an on line agreement.

 

HTH.

 

Still dosent clarify how her Sol knew it was an on line applic Shad. Strange how the Forger maintained payments for 6 years though until default:lol:

 

 

S.

 

Andy

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I agree with you there, I would have a look for a local solicitor

who will proved a free consultation.

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I dont think you need one just state not your debt and you can prove you have never made any payments.

Ask MNBA who's account number was paying for 6 years, not yours and show proof of your account number.

 

Andy

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Andy

 

just to clarify that..the sol apparently spoke to mbna who said it was an online application. and the payments were made on the card for 6 years by my ex, the last 4 years of which he was still in the house we shared ( i had left) and at the 6 year point he left the country to go and live in the philippines!

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ok..reply from solicitor..I am getting depressed again!

 

. I take on board your points. However, irrespective of the fact that it points to the Data Protection Provisions (Clause 11), you need to look at the wording of the document. What is clear is that the document confirms that T&C’s were attached to the agreement which was to be signed. (Clause 11 being just one clause contained within the document)

In my opinion this complies. I hope that this clarifies the situation.

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I still don't like the look of that as an agreement:madgrin:

 

Bump

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thank you guys I really appreciate it. My sol says she will instruct counsel for further advice which seems odd and i cant afford that! Also a handwriting expert. She seems to be skating around the agreement..... mbna have not provided where the repayments came from despite asking. I really would like to know the agreement is unenforcable for sure as i cant afford to pay for experts and counsel!

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The solicitor will be looking to costs for all the disbursements.

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ON behalf of all of us thank you for your confidence.

I don't know if we have barrister or a hand writing expert on CAG.

If your solicitor is considering consulting a barrister and an expert

witness she must have some confidence of success and would

be looking to recovering all expenditure from the other party.

 

I would suggest that you discuss with her as soon as possible.

 

 

Brig.

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Thanks Brig,

 

I do appreciate that but I really cant afford to pay if I should lose and bad things can happen , the guy has forged my signature before and its pretty good..which is why I am desperately trying to get it shot down with the cca 1974.

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