Welcome Credit Agreement GETTING URGENT

[shuffler44]

Hi all first time poster , i have been through the internet searching for hours without any luck on a question i have . I keep reading about agreements being signed in the prescribed terms , I cant figure out if the agreement i have is signed in this way . The agreement is an exact copy of the original , it is not via a cca request but was posted out a few weeks after the loan was taken out . I still have the covering letter stating that this is my copy of a legal document . This document is 2008 . There are 3 things i think are wrong on it . Firstly and to me most importantly , there is a signature box which states this is a credit agreement 1974 credit act etc . SIGN only if you wish to be bound by its terms . It does not contain a signature . Below that there are 6 small boxes pertaining to ppi life insurance etc , and below that again a further box stating . I agree that the item/items ticked above are provided on credit etc , no boxes are ticked and my signature is in that box . In principle i have agreed to buy none of the 6 items listed above . 2 There is no date beside my signature 3 there is no reference number connecting the agreement to any account . Anyone have any idea if this is enforceable ? Im in court in around 3 weeks and havent a clue what to do .

[Amethyst]

Re: Welcome Credit Agreement GETTING URGENT

Hiya, firstly what are you in court for ? are welcome suing you for the debt ?
If you can possibly scan the agreement in it would help a lot too
Welcome to the site.

[shuffler44]

Re: Welcome Credit Agreement GETTING URGENT

Hi im in court to appeal against a ccj as i was unaware of it , the judge gave me 21 days to prepare a case , i asked for a minimum 40 for sars request etc , but he said that loads ask for that time and come back with nothing . The print on the document is so tiny its unreadable when scanned . Maybe im backing a loser here , but i havent signed to say i accept the terms and conditions and agree to be bound by them . This is as good as the scan gets im afraid http://s900.photobucket.com/albums/a...=Agreement.jpg
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Dont know if this means anything The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order."


“In effect, the creditor--by failing to ensure that he obtained a document signed by the debtor which contained all the prescribed terms--must (in the light of the provisions in ss 65(1) and 127(3) of the 1974 Act) be taken to have made a voluntary disposition, or gift, of the loan moneys to the debtor. The creditor had chosen to part with the moneys in circumstances in which it was never entitled to have them repaid;”