illegible credit card agreement

[hra47]

A debt was assigned to a debt collection agency. I told this agency that,over 2 years ago,I had asked another dca for a true copy of the original 2003 credit card agreement - after a few months,they said they were returning the account to the original lender as they were unable to comply with my request. The debt was then assigned to a new agency,so I told them I was still waiting for a copy of the agreement.
It has taken a year for the new agency to produce 2 sheets of an agreement which is mostly illegible, and

they appear to think they are covered by saying the original would have been sent to my home at time of application (10 years ago).

In their view, this debt is enforceable and I am asked to get in touch to arrange repayments - if I do,they might be able to reduce the amount owing......

Would welcome any comment/advice -
Many thanks

[MIKE770]

Re: illegible credit card agreement

they would say that anyway regardless, who says it is enforceable, an inledgable one is not enforceable in any way, can you post it up minus name and account number, others will tell you if they stand a chance as for a 2003 well the owners will have to be very lucky, also give more real info, DCA/Debt purchaser chasing, originator, last paid default date etc etc

after all this time why has nobody taken you to court??? if they had a real case, they are begging you to give in to them noay!

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[MENTION=87380]Diana M[/MENTION]

[charitynjw]

Re: illegible credit card agreement

Send them a s78 CCA request + £1 fee.
If the copy is illegible, they will be unable to enforce it unless/until a legible compliant copy is produced.
Google Carey v HSBC. (Or see http://legalbeagles.info/carey-v-hsb...december-2009/
CCA request template http://legalbeagles.info/library/gui...etter-example/

[hra47]

Re: illegible credit card agreement

they would say that anyway regardless, who says it is enforceable, an inledgable one is not enforceable in any way, can you post it up minus name and account number, others will tell you if they stand a chance as for a 2003 well the owners will have to be very lucky, also give more real info, DCA/Debt purchaser chasing, originator, last paid default date etc etc

after all this time why has nobody taken you to court??? if they had a real case, they are begging you to give in to them noay!

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@Diana M

Thanks Mike - will try and post up -I'm wrong generation for computers but would love you to see my agreement! All best

[hra47]

Re: illegible credit card agreement

Send them a s78 CCA request + £1 fee.
If the copy is illegible, they will be unable to enforce it unless/until a legible compliant copy is produced.
Google Carey v HSBC. (Or see http://legalbeagles.info/carey-v-hsb...december-2009/
CCA request template http://legalbeagles.info/library/gui...etter-example/

Hi charitynjw - thank you for that - this front and back of an agreement - or application form - finally came as a result of an s78 request - but,from what I'm reading - and thnx for the links - and from another request which resulted in about a dozen pages of terms & conditions,these 2 sheets fall a bit short of my request for a true copy of the original credit card agreement. I am trying to post it up but am hopeless with computers - thnx again for your time - all best

[MIKE770]

Re: illegible credit card agreement

send the copy!s to Admin@legalbeagles.info and reference this thread:- illegible credit card agreement

hra47 sure [MENTION=49370]Kati[/MENTION] will redact it and post for you

[hra47]

Re: illegible credit card agreement

Thnx so much Mike - have managed to do that (!) - this is their supposed idea of what is a proper response to an s78 request for a true copy of original credit card agreement dated 2003 - would love to know what you think - thnx again

[hra47]

Re: illegible credit card agreement

send the copy!s to Admin@legalbeagles.info and reference this thread:- illegible credit card agreement


hra47 sure @Kati will redact it and post for you

I have sent that to admin,Mike - will it show up here,do you think?

[Kati]

Re: illegible credit card agreement

I have sent that to admin,Mike - will it show up here,do you think?

I believe [MENTION=6]Amethyst[/MENTION] will have a lot of emails to go through ... if you want to send it to me (kati@legalbeagles.info) with a link to this thread instead I can check it through and post it up later today xx

[Kati]

Re: illegible credit card agreement

got them xx

[charitynjw]

Re: illegible credit card agreement

http://www.johnpughschambers.co.uk/C...tions_1983.pdf

Reg 2

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executedagreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or suretyunder any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readilydistinguishable from the [background medium upon which the information is displayed].

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executedagreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Actwithout any alteration or addition, except that--
(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribedby these Regulations; and
(b) every Form shall be completed in accordance with any footnote.

(3) Any such footnote shall not be treated as part of any Form prescribed by these Regulations and may be reproducedin addition to any such Form.

(4) Where any such footnote requires any words to be omitted, those words shall be omitted or deleted.

(5) Where words are shown in capital letters in any Form prescribed in Parts I to IV of the Schedule to theseRegulations and are reproduced in copies of unexecuted or executed agreements they shall be afforded more prominence(whether by capital letters, underlining, large or bold print or otherwise) than any other lettering in that Form exceptlettering inserted in accordance with paragraph (2) above and no less prominence than that given to any other informationin the copy apart from the heading to the agreement or copy, the annual percentage rate of charge for credit, trade names,names of parties to the agreement or lettering in the document inserted in handwriting.

(6) Where words are shown in capital letters in any Form prescribed in Part VI of the Schedule to these Regulationsand are reproduced in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of theAct they shall be afforded more prominence (whether by capital letters, underlining, large or bold print or otherwise) thanany other lettering in that Form except lettering inserted in accordance with paragraph (2) above.

[hra47]

Re: illegible credit card agreement

got them xx

Thank you Kati - printer went a bit funny on first page but only colour odd,otherwise as I received it -

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http://www.johnpughschambers.co.uk/C...tions_1983.pdf

Reg 2

Many thanks charity - am gonna print that off now

[charitynjw]

Re: illegible credit card agreement

Don't tell them where they've gone wrong.
That would be a heads-up for them & you'll be shooting yourself in the foot!

[hra47]

Re: illegible credit card agreement

Don't tell them where they've gone wrong.
That would be a heads-up for them & you'll be shooting yourself in the foot!

I was going to write back and ask if they seriously expect me to accept this is a proper response to an s78,as they say it shows the debt is enforceable - when you say 'don't tell them where they've gone wrong',do you think they seriously believe this to be legible? Thanks for your time over this charity.

[MIKE770]

Re: illegible credit card agreement

do that and you are alerting them = you loose, calm down follow what is advised on here