HBOS and OH's card debt

[dpick]

Totally agree though they may have complied with CCA s78 request (debatable) what has been supplied is unenforceable, the following is part of the response I received when I asked for a legal opinion on a very similar copy of a so called agreement for my CCA request with MBNA agreement.

 

The agreement does not appear to state the credit limit, the rate of interest, details of any power to vary the agreement or debtors repayment obligations. Although this is difficult to determine when referring to this agreement as it is impossible to read. These terms are prescribed terms within the CCA 1974 and must be contained within the agreement

 

I would advise that you write stating you believe the agreement is improperly executed, and as a consequence is irredeemably unenforceable (See Wilson v First County Trust CA).

 

All the best dpick:)

[dpick]

Hi again this is a copy of my first response to MBNA after they sent me an agreement that was almost unreadable and did noy contain any of the prescribed terms

 

MBNA Europe Bank Ltd

Stansfield House

Chester Business Park

Chester

Cheshire

CH4 9QQ

Account: XXXXXXXXXXX

Thank you for the information you sent following my request under the CCA 1974.

 

However, I made a request to you on 12th March 2007 for a true copy of the original executed agreement applicable to the alleged debt. Under the CCA s77/78, you are obliged to send me a true copy of the actual credit agreement in a clear and readable condition.

 

A regulated credit agreement contains all of the prescribed terms, other required information and statements of my statutory rights. Any separate terms and conditions (which should have been referred to in the original agreement) should also be provided to me and must be those applicable at the time that the agreement was signed.

 

It would appear that this agreement is unenforceable as it has have been improperly executed. The agreement does not contain all the prescribed terms set out in the Consumer Credit Act namely, The agreement does not state the credit limit, the rate of interest, details of any power to vary the agreement or debtors repayment obligations. Although this is difficult to determine when referring to your agreement as it is impossible to read. I believe that this agreement is improperly executed, and as a consequence is irredeemably unenforceable as an example see ( Wilson v First County Trust CA).

As I believe this agreement to be irredeemably unenforceable all payments will stop and all further correspondence must be in writing I will not under any circumstances make or receive any other type of correspondence.

 

Yours

 

dpick

 

You are correct my claim against J.D Williams was for all interest applied to the account and charges. I never signed any agreement so there was no agreement to allow them to make charges or to apply interest.

 

dpick:)