Is this agreement a true copy & enforcable?

[QCKate]

Please could someone tell me if the aqttached agreement is a) a true copy and b) enforcable?? recieved in response to a s 78 request because of my circumstances The first page is the application form which i signed at the time. They sent page 2 as well but it looks like part of a completly seperate document. Thank you and thank you to Amethyst for her advice on uploading. Hope you can read them!

QCK
:cry:

[LuggerBugs]

Re: Is this agreement a true copy & enforcable?

I must admit, it's hard enough trying to see exactly where it calls itself an agreement regulated by the CCA 1974, never mind anything else.

An application form it certainly is, though. And part 2 refers to seperate Conditions of Use. Which they haven't sent you, I assume.

I'll also assume that the 2 parts you have posted belong together. Although there is no way to confirm that assumption, as the first page is all scribbles.

[QCKate]

Re: Is this agreement a true copy & enforcable?

I must admit, it's hard enough trying to see exactly where it calls itself an agreement regulated by the CCA 1974, never mind anything else.

An application form it certainly is, though. And part 2 refers to seperate Conditions of Use. Which they haven't sent you, I assume.

I'll also assume that the 2 parts you have posted belong together. Although there is no way to confirm that assumption, as the first page is all scribbles.

Thanks Luggerbugs. All thyve sent me are these two pages. The fist page doeas say its a Credit Agreement regulated by the CCA 1974 (under the 3rd blob on the left hand side) but the interest rates etc are on the page 2. the interest rates they charge now are much higher than shown here.

QCK

[LuggerBugs]

Re: Is this agreement a true copy & enforcable?

I'd personally write back and tell them you are still waiting for your credit agreement. In its entirety.

[QCKate]

Re: Is this agreement a true copy & enforcable?

Hope you dont mind me posting this again as it might have got lost in the flood of new people joinging from you no where! Thank you Luggerbugs for your reply but is there anyone else able to comment?

Thanks QCK

Please could someone tell me if the aqttached agreement is a) a true copy and b) enforcable?? recieved in response to a s 78 request because of my circumstances The first page is the application form which i signed at the time. They sent page 2 as well but it looks like part of a completly seperate document. Thank you and thank you to Amethyst for her advice on uploading. Hope you can read them!

QCK
:cry:[/quote]

[Amethyst]

Re: Is this agreement a true copy & enforcable?

bump for all you CCA experts out there

[pompeyfaith]

Re: Is this agreement a true copy & enforcable?

Is the first page as is on the scan readable wise.

If so its illegible and does not comply.

PF

[Angry Cat]

Re: Is this agreement a true copy & enforcable?

What is the date of application?

Agree, with PF page 1 is illegible;
page 2, looks like it was not part of the same document.

QCkate, can you try to scan the doc again, in order to make it clearer.

[TomThumb]

Re: Is this agreement a true copy & enforcable?

If Page 2 (the terms) is the back of Page 1 (signature page) then imvho its potentially enforceable

However.....

The scans look different quality pointing to not even being linked but you'll need to be prepared to prove that. If your copies are better I would look through and see if you can find things that dont link.

Crapital One are famous for sending out two pages claiming one page was the back, the front however pointed to a section 23 on page 2 which only contained sections 1-4 :-D

As has been stated Page 1 would possibly fail on illegibility but judges have been known to ignore this if the terms can be read and the signature seen as these are the key points.

S.

[QCKate]

Re: Is this agreement a true copy & enforcable?

What is the date of application?

Agree, with PF page 1 is illegible;
page 2, looks like it was not part of the same document.

QCkate, can you try to scan the doc again, in order to make it clearer.

thanks but Unfortunately I cant upload anything better.

QCK
------------------------------- merged -------------------------------

If Page 2 (the terms) is the back of Page 1 (signature page) then imvho its potentially enforceable

However.....

The scans look different quality pointing to not even being linked but you'll need to be prepared to prove that. If your copies are better I would look through and see if you can find things that dont link.

Crapital One are famous for sending out two pages claiming one page was the back, the front however pointed to a section 23 on page 2 which only contained sections 1-4 :-D

As has been stated Page 1 would possibly fail on illegibility but judges have been known to ignore this if the terms can be read and the signature seen as these are the key points.


S.

thanks Tom. Page 2 is definitly not the back of the signed app form. it is quite seperate but these two pages are all ive been sent.

QCK

[TomThumb]

Re: Is this agreement a true copy & enforcable?

Angry cats question on year of agreement also needs answering as the form/content rules of the CCA vary by year, newer agreements require the financial terms to be prior to the Signature.

S.
------------------------------- merged -------------------------------
Oh and forgot to say, pretty much anything can be classed as a response to s78 now after Carey v HSBC (slight exageration I know)

But what is required to enforce a debt in court hopefully would be upheld to be the signed original executed agreement, subject to the judge lottery of course

So personally I'd go along with the advice given by LuggerBugs above and see how they respond.

S.