Is this enforceable.

[monkquito]

Hi,

Today, M&S sent me a copy of my CCA with the Terms and Conditions at the time (I'm ignorning their present T&C which they sent me).

 

Can anyone advise me if this is enforceable?

 

Many thanks in advance.

 

M

[monkquito]

Hi,

Recieved an illegible CCA, i.e. the quality of the photocopy cannot be clearly read, and I'm still be pursued.

 

Any ideas what I should do?

 

Many thanks in advance,

 

M

[BRIGADIER2JCS]

Please post up the CCa with personal details removed the others will be able to help then.

[themagician]

Hi,

Recieved an illegible CCA, i.e. the quality of the photocopy cannot be clearly read, and I'm still be pursued.

 

Any ideas what I should do?

 

Many thanks in advance,

 

M

if its as bad as you say !,then send them the acc in despute letter adding thats its illegable to read.

[FORMISTER]

A CCA must be clearly legible to be enforcable

[victoria_siempre]

Hi M

 

One might declare the account in dispute for failing to provide a 'true copy' of the CCA without saying why; and keep the illegible copy for their brief to read in court were that to ever happen.

 

x

 

v

[cerberusalert]

There are a couple of things, the first pdf is cut off at the top... does it show the lenders address and that it is covered by CCA 1974?

 

It appears to be an application form which doesn't contain all of the prescribed terms i.e interest, repayment terms etc.

 

The other two documents seem to be the T&Cs but I can't see any link to the first document.

[monkquito]

Thank you for your reply.

 

In answer to your questions:

 

There are a couple of things, the first pdf is cut off at the top... does it show the lenders address and that it is covered by CCA 1974?

 

It does state that is its regulated by CCA 1974 in the top left of the 1st page of conditions but no where does it display the lenders address.

 

The other two documents seem to be the T&Cs but I can't see any link to the first document.

 

The three documents were all copies stapled together, but as you say there is no visible link between the two documents.

 

I think I heard somewhere once that they must prove that I have seen all the copies of the application and T&C and this is done by myself having signed and dated each copy of the documents they have sent. Is this right?

 

If this is the case would I be correct to send them a letter which I have a copy of stating that the documents supplied are not enforceable etc.

 

Many many thanks,

M

[cerberusalert]

Due to recent court cases they are allowed to send reconstituted CCAs and unless there is some drastic flaw in an agreement a court now seems to deem them as enforceable.

 

I'm afraid although that document appears to be an application form, if a court determines that the attached T&Cs form part of it they are likely to judge it as enforceable.

[monkquito]

Thanks for your advice.

Is it worth sending a letter to see what happens anyway?

[cerberusalert]

You could do and see how they respond, try this letter; http://www.consumeractiongroup.co.uk/forum/content.php?415-POSSIBLE-Letter-when-a-questionable-agreement-application-is-sent.

[monkquito]

Cerberusalert

 

I would like to thank you for your help and assistance.

 

Best regards,

 

M

[cerberusalert]

Have you had PPI or any unfair charges added to this a/c? If so you can reclaim them + Statutory Interest.

[monkquito]

I think PPI is any sort of insurance sold on the account in case i'm made redundant or had an injury, am I right? If so there isn't any.

 

What though would class as unfair charges?

 

Regards,

M

[cerberusalert]

PPI = Payment Protection Insurance

 

Basically you can ask for all charges back but any over £12 are seen as excessive.