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Invalid marbles agreement?


Varuna
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In June 2002 I applied for and duly received a marbles c/c, then issued by HFC Bank Limited.

 

 

Attached is a redacted copy of the agreement which I received following an SAR to HBOS, the now owners of marbles.

 

 

As far as I'm aware the agreement was a single sheet, as here,

although it's possible there might have been a separately enclosed sheet or there might have been some information on the reverse of this sheet.

 

 

However, I'm pretty certain that I signed only on the face, in the box just above the HFC rep's signature, bottom right,

and neither initialed nor signed anything on the reverse, nor appear to have been asked to do so anyway.

 

 

I do know that at some later point in response to a CCA to BoS I received another copy of this together

with a typed note of initial credit limit and interest rate each of which was actually wrong anyway.

 

I don't owe marbles anything so I'm not looking to avoid any debt

but I am taking issue with HFC about something they've done - or rather not done

- and I wonder if I'm right in thinking that this 'agreement' fails the relevant parts of the CCA

and so makes any contract dependent on it unenforceable.

 

TIA for any advice, V

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In June 2002 I applied for and duly received a marbles c/c, then issued by HFC Bank Limited. Attached is a redacted copy of the agreement which I received following an SAR to HBOS, the now owners of marbles. As far as I'm aware the agreement was a single sheet, as here, although it's possible there might have been a separately enclosed sheet or there might have been some information on the reverse of this sheet. However, I'm pretty certain that I signed only on the face, in the box just above the HFC rep's signature, bottom right, and neither initialed nor signed anything on the reverse, nor appear to have been asked to do so anyway. I do know that at some later point in response to a CCA to BoS I received another copy of this together with a typed note of initial credit limit and interest rate each of which was actually wrong anyway.

 

I don't owe marbles anything so I'm not looking to avoid any debt but I am taking issue with HFC about something they've done - or rather not done - and I wonder if I'm right in thinking that this 'agreement' fails the relevant parts of the CCA and so makes any contract dependent on it unenforceable.

 

TIA for any advice, V

 

The case of Phoenix Recoveries vs Dr Ian Cresswell should assist here, the case is reported elsewhere but involves the same type of agreement which was found to be unenforceable by the circuit Judge at Birmingham Civil Justice centre HTH

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