Is my CCA clearly legible?

[MonkeyAlan]

I’m new to the forum so I’m 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 didn’t recognise (I have a lot of debt which I accept but it’s mostly over a handful of cards and loans, I genuinely don’t 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 ‘prove it’ 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 ‘clearly legible’ but I’m unsure as to what constitutes as such. I can’t read it all and there’s no date on there either, is that important? Here’s a link to a photo of it, I’d 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

[jaguarsuk]

If you can't read it all then it's not clearly legible by that very fact.

[warwick65]

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

[Diana M]

The one with the cca is for a next account, I'm aware that it has to be ‘clearly legible’ but I’m unsure as to what constitutes as such. I can’t 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

[Amethyst]

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

[MonkeyAlan]

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 don’t know when it was opened and I don’t remember the account at all. It’s 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 it’s a reconstituted copy.

[MonkeyAlan]

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 I’ve 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!

[Amethyst]

Have you checked your credit file ?

Also so have you moved house at all, maybe shortly before these agreements were allegedly taken out ?

[warwick65]

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