• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • LegalBeaglesģ is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

    Please do not post your full name, reference numbers or any identifiable details on the forum.

Is my CCA clearly legible?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Is my CCA clearly legible?

    Iím new to the forum so Iím hoping this is in the right place and someone can help me.

    A bit of background info. In jan I received a letter from a DCA about 3 debts I didnít recognise (I have a lot of debt which I accept but itís mostly over a handful of cards and loans, I genuinely donít remember these debts. Becoming ill after earning a great wage was a huge shock and left me unable to pay the debtsI could easily manage before), on the advice of people on another forum, I sent a Ďprove ití letter for all 3 debts. They replied writing off one debt, saying one was on hold and then a copy of a cca for another. The one with the cca is for a next account, I'm aware that it has to be Ďclearly legibleí but Iím unsure as to what constitutes as such. I canít read it all and thereís no date on there either, is that important? Hereís a link to a photo of it, Iíd be very grateful if anyone could take a look and advise if this is acceptable and how to reply either way.

    http://i1064.photobucket.com/albums/...sl9ncy5et.jpeg
    Tags: None

  • #2
    If you can't read it all then it's not clearly legible by that very fact.
    HOW TO COMPLETE AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) FORM?

    My posts on this forum are offered based on my experience dealing with a variety of life events. I have no formal legal training and if in doubt take professional legal advice or contact the CAB. If you follow anything I write on this forum you do so at your own risk and I accept no liability for any loss, costs or other outcomes.

    I do not come on here in the evening, at weekends or on public holidays.

    Comment


    • #3
      Hi
      I can't actually load the document in question but a couple of pointers

      Sadly i do not think legibility is quite so easy to assume as you may think, if it went to court it would be the Judges decision as to the legibility and exactly what went before

      However and sorry here come lots of questions

      Was the prove it letter a formal CCA request with the £1 fee?

      Do you know when the account was opened?

      Do you know when the account was terminated?

      Roughly how much is the account for ?

      Does the agreement say how it was opened, was it online, over the phone etc


      There is also a whole lot more to it being enforceable than just an agreement - there are default notices, notice of assignments, compliance with S78 to name but 3

      Comment


      • #4
        Originally posted by MonkeyAlan View Post
        The one with the cca is for a next account, I'm aware that it has to be Ďclearly legibleí but Iím unsure as to what constitutes as such. I canít read it all

        It's not a question of whether the document is legible, it's whether an illegible document could be remedied (or not) by the debt owner producing a reconstituted version to complement it.

        Section 77-79 CCA is for 'information' purposes not 'proof purposes' if/when argued in court.

        Di

        Comment


        • #5
          Photobucket is very slow so have just done a screenshot for you here.

          The one on the left is "your copy to keep" and the one on the left is "to sign and return to Next" address ( hence the scissors bit in the middle ) and obvs not signed and dated so it is a recon, the question is it the right recon?. Have you ever seen this before? When was the account opened ? Did you have a 'Directory Card' you could use in Next stores?

          2. By signing this agreement you are requesting us to send you (at our discretion) a Next Directory Card. Upon receipt you must sign it immediately, keep it in a safe place and not let anyone else use it. You can use your Next Directory Card to make purchases from such Next Group plc stores as we may advise you of from time to time. The Next Directory Card remains the property of Next and we can withdraw, recall or replace it at any time. If your card is lost or stolen you must tell us immediately.
          cca2.png
          ďWe may not win by protesting, but if we donít protest we will lose. If we stand up to them, there is always a chance we will win.Ē Hetty Bower

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

          Find Solicitors offering fixed fees on our sister site - JustBeagle.com

          Comment


          • #6
            Thanks for the replies,

            I have no no other information at all, I sent a letter asking for proof that this was my debt (NOT a formal CCA request), they replied with this and a letter asking me to arrange regular payments. I donít know when it was opened and I donít remember the account at all. Itís for roughly £350.

            What you see above is all the info I have, my name and previous address are at the top in a different font and very clear, which I imagine is because itís a reconstituted copy.

            Comment


            • #7
              The other debt they have on hold is for a mobile phone contract, on which they allege I owe £400 and the number was disconnected in 2014. I still have the same contract I took out 16 years ago, I owe nothing on it and Iíve never had another contract. They even call me constantly on the phone number they say was disconnected 4 years ago. No idea where to even start with that one!

              Comment


              • #8
                Have you checked your credit file ?

                Also so have you moved house at all, maybe shortly before these agreements were allegedly taken out ?
                ďWe may not win by protesting, but if we donít protest we will lose. If we stand up to them, there is always a chance we will win.Ē Hetty Bower

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                Comment


                • #9
                  With the mobile phone, maybe a SAR to your service provider. Is it Vodafone by any chance?

                  Comment

                  View our Terms and Conditions

                  LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                  If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                  If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                  Announcement

                  Collapse
                  No announcement yet.

                  Court Claim ?

                  Guides and Letters



                  Search and Compare fixed fee legal services and find a solicitor near you.

                  Find a Law Firm


                  Loading...
                  Working...
                  X