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Bryan Carter Letter - Urgent advice needed

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  • #61
    Re: Bryan Carter Letter - Urgent advice needed

    Attached. Terms weren't legible even in the massive version of the file you sent me

    Attached Files
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    • #62
      Re: Bryan Carter Letter - Urgent advice needed

      Am so sorry, I'm just useless really when it comes to this type of thing, I'd no idea it was that big! Thanks so much for your help.

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      • #63
        Re: Bryan Carter Letter - Urgent advice needed

        If the terms were not legible, has the s78 request been satisfied?

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        • #64
          Re: Bryan Carter Letter - Urgent advice needed

          The copies are illegible and do not satisfy the requirements of s.61 of the CCA. Having said that, this is an agreement from 2009, so you won't be able to argue unenforceability, as the court has discretion to enforce accounts opened after April 2007, even in the absence of a properly executed agreement.

          Having said that, you can still take the PPI reclaim route, since not being aware that PPI was present is one of the main criteria for reclaiming. :grin:

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          • #65
            Re: Bryan Carter Letter - Urgent advice needed

            Originally posted by FlamingParrot View Post
            The copies are illegible and do not satisfy the requirements of s.61 of the CCA. Having said that, this is an agreement from 2009, so you won't be able to argue unenforceability, as the court has discretion to enforce accounts opened after April 2007, even in the absence of a properly executed agreement.

            Having said that, you can still take the PPI reclaim route, since not being aware that PPI was present is one of the main criteria for reclaiming. :grin:
            I didn't send them a CCA request with the statutory £1, I sent them a CPR request after being threatened with court so, I imagine it fulfills that. Basically then I need to throw this account into dispute and then inform Bryan Carter that it is so and why? I can't see why I should pay Lowells/Bryan Carter an amount that is not right. I just hope he doesn't go ahead down the court route.

            You can clearly see that the tick box for PPI was not ticked and not signed for.

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