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Credit application form received as a CCA, what should I do

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  • Credit application form received as a CCA, what should I do

    I have previously posted this on the welcome forum before noticing that it would be more appropriate here so apologies if you are reading this twice. please I need some help. Having requested for a CCA over a year ago for a MBNA card taken out in year 2000, Wescot's Solicitors who currently have the debt have sent me a copy of my application form. I wrote back to tell them that what they sent is not the agreement and the response i got was 'please be advised that the document provided is the Agreement and Application amalgamated into one document'. How is this possible? I am confused now. How can I respond to this. I will appreciate any help in this. the last payment made to this debt was in 2016, account defaulted in 2006
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  • #2
    Hi I did reply to you other post some applications contain all CCA t and C's subject to approval ask for a data subject request to get all info they hold but yes an application can contain cca


    • #3
      can you scan a copy on to here? I had an MBNA account that was unenforceable and I was able to make a deal with them.

      On my particular case one of the T & C's that was referenced through the CCA was not included in the copy they gave me.


      • #4
        Will do so shortly, thanks


        • #5
          Hi there Barry1980's , the information was sent by email and I have been struggling to get rid of my personal information before posting. I have now attached what was sent to me .which was just 2 pages. I have contacted them since and they have agreed to me making the minimal payment of 1 each month. However, I have received a letter from them this morning stating that this is to be reviewed in 12 months time which is ok for now. Thanks
          Attached Files


          • #6
            do you have a better image of the right hand side of the second page, its unreadable as it is?

            If it is actually that unreadable then they have to provide you a copy that is easy to read to start with..


            • #7
              This is what they have emailed to me. When I have tried to increase the size of the page. It can't be read. Not sure what I should do as they have said they can't send anything by post.


              • #8
                , Wescot's Solicitors who currently??????????? no they are a collection company who get large rewards if you pay them monies they have no authority to take anybody to court, they are not debt purchasers ((just to let you know)


                • #9
                  Obviously im no expert but I have been in this position with a Halifax CCA i applied for that was part application and illegible.

                  I was with Hoist and I called them told them that it was illegible and that I had applied for a True Copy and wish to be supplied with one.

                  They were unable to do so and just kept sending me the same time (3 times)

                  Check this website out : https://www.handbook.fca.org.uk/hand...ate=2018-01-03

                  until they send you a readable copy at the very least its no use and is unenforceable.

                  It should also be sent by post not as a picture on an email... you have requested a copy not a picture..

                  If you can offer a full and final settlement figure try that..


                  • #10
                    PDF your picture


                    • #11
                      Thank you all for your advice. The PDF sent is not allowing me to save to my laptop, i have printed it and scanned it but unable to attach as apparently the file is too big, The Financial and related conditions on the right hand side of the second page is clearly not legible at all on both the printed copy and on the screen, it is too small to read. As all correspondence are now going through their solicitor (Drysden fairfax solicitors) I have told them that i cannot offer anything more than a 1 each month and I am not in a position to offer a settlement as I am not working. Stuck in a rut for now it seems


                      • #12
                        They indeed can't take you to court.,


                        • #13
                          Thank you for this, I have since written back to Drysdens requesting that they send me a legible copy of the document sent and they have said they will forward my request to their client Wescot. Until then, they will put a temporary hold on my account. This was about 3 weeks ago so I will give them another week before chasing them up on it. Thank you all once again. I am grateful


                          • #14
                            Do not chase them their problem may they never find a legible one stop shopping weakness they will take advantage


                            • #15
                              Originally posted by bagaway View Post
                              They indeed can't take you to court.,
                              Sorry id have to disagree. They can take you to Court and this is clear from cases like Carey v HSBC and also the Court of Appeal case i dealt with called Kotecha which is referred to in my signature. They can go to Court, they cannot obtain Judgment in breach thats the difference
                              I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                              If you need to contact me please email me on Ptilley@wannops.com .

                              I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                              You can also follow my blog on consumer credit here.


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