Could someone please check this CCA

Gooner87

Hi everyone. (writing on behalf of parents,think i have most details but wont always have access to everything straight away)

They have had an asda card for three years but have fell behind on payments and the debt has been passed to LINK who contacted my mum as the acccount is in here name in mid january saying pay up now or else we will take a charging order on your home etc. Giving her 48 hours to "borrow the money of freinds or family" Which upset her somewhat.

After she told me we sent a letter requesting the agreement and on the 11th day we were sent the attached.

Please could somebody overlook the agreement fo us and tell us if it is enforcable.

Things i have noticed looking at other threads.

1. The legibility of the agreement is terrible as its 2 pages on one sheet
2. I do not believe they have sent everything as it says "(see also condition 6 for details of intrest and payments.) in the key financial information box.
3.there is a additional cardholder who has details at the bottom but has not signed the agreement
4. The can you say yes to this statement box has not been ticked.

copy of CCA http://www.flickr.com/photos/35626519@N08

I am thinking of sending the letter below but woild like someone to check first please.

Thank you for your letter dated .... XX XXX
It would seem that you are of the belief that you have discharged your obligations under the Consumer Credit Act 1974 in particular section 78(1).
You have provided me a copy of an application form and I feel it is my duty to draw your attention to some serious flaws in your comments.
Firstly, to comply with section 61 of the consumer credit act 1974 which by the way refers to the signing of an agreement (Not an application), a document must conform to regulations made under the provisions of section 60(1) Consumer Credit Act 1974 otherwise it cannot be properly executed
Now then, these regulations I refer to are the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). These regulations set out the form and content of agreements. For an agreement to be compliant with the regulations it MUST embody within the agreement, the prescribed terms laid out in the SI1983/1553 without the prescribed terms the agreement does not conform to section 60(1) 1974 and therefore cannot be properly executed as described in section 61(1) CCA 1974.
For your information in case you are unsure. The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--
(a)Number of repayments;
(b)Amount of repayments;
(c)Frequency and timing of repayments;
(d)Dates of repayments;
(e)The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.
Now nowhere on the application form that you supplied is there any reference to these terms. I wish to remind you that the absence of these terms will render a document unenforceable in court and I also wish to point out that these terms MUST be contained within the agreement and NOT in a separate document headed terms and conditions or words to that effect
Since the document you have supplied is a clear mailer application form, I cannot believe for one moment that these very important terms would be contained on the opposite side of the form, unless they are there for the postman to read while he delivers the mail. Therefore they must have been contained in a separate document, which is prohibited by the SI1983/1553, as there is no clear link to them within the signature document.
Therefore, you have failed to supply an enforceable document, which is correctly executed as to be so; it must conform to the Regs under s60 CCA1974
I am of the opinion that a court is precluded from enforcing this agreement by s127 (3) CCA1974 as it is improperly executed under s61 CCA 74, the consequences of improper execution are set out in section 65 CCA 1974 and s65 sets out that only a court can enforce an improperly executed agreement subject to certain qualifications, one of those is that the document is signed and contains all the prescribed terms. Now since this document does not contain all the prescribed terms s127 (3) CCA 1974 strictly prevents the court from enforcing this agreement.
If you cannot supply me with a document, which complies with the Consumer Credit Act 1974, and ALL of the Regulations made under the Act, I shall be forced to make a complaint to Trading Standards and I will also draw this to the attention of the Office of Fair Trading .
I respectfully request you review this matter in light of my comments above and I request that you supply me the required information or alternatively confirm the account is closed and the debt written off with a zero balance.
I respectfully request a reply within 14 days of the date of this letter.

Yours Sincerely

Sorry for the long post Thank you for looking

(sorry if i am clutching at straws)

poorandindenial

I am not an expert on CCAs but there is guidance for DCAs on how to recover debts and their actions go against it as they aren't meant to suggest getting more debt to pay off debts.

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

so a complaint is in order if the CCA is OK

(I will see if I can find the guidance on what constitues a binding CCA but if not the CAG website is often a good place to ask for advice/look at advice others got if you don't get a response here - the boards are a bit slow today)

Gooner87

If they do a SAR request would this give a transcript of the phone call, Another letter of link was recieved today saying they had not had a satisfactory response from us and would persue the case.

Sorry to ask again but have been told my dad didnt sign the agreement and only his card was ever used not my mums just wonderd if this would make it unenforcable.

Thanks