am i being treated legally by restons solicitors

foxwales

never-in-doubt wrote: »

Actually, an agreement should be both signed & dated in order to be enforceable, bear in mind enforceability would be by a court order and an un-dated agreement would make the court reconsider the issuance of such order for fear of reprisal (appeal). An undated agreement could, in fact, be deemed unenforceable if used correctly.....

It would be extremely difficult in this instance to argue enforceability of the debt due to a date missing on the agreement because by entering into a mutual consent order there is an admission of liability by the debtor.

On what grounds could the agreement be challenged for not having a date, when in-fact the debtor has signed the agreement, binding into the terms and conditions of the agreement, has admitted liability before a court by entering into a mutual consent order and also the fact that a payment was made by the creditor and subsequent payments have been made by the debtor.

Unless you have a 3 year old for a judge and a legal representative with more clout than the illuminati then you simply are not going to challenge this on grounds of enforceability simply because its not dated.

never-in-doubt

It doesn't matter how small the error is, at the end of the day the agreement is unenforceable if it does not conform to the Prescribed Terms and an omitted date does not comply thus would be treated as unenforceable.

Think about what you're saying for a minute - whats the difference with a missing apr rate to a date? The principle is the same; it is not in compliance therefore is unenforceable. The lender never added an APR but the debt becomes unenforceable - the lender forgot the allocation of payments but the debt becomes unenforceable - the lender forgets to date the agreement and the debt becomes unenforceable.

It may be worth noting i've dealt with hundreds of these and do actually know what i'm talking about here...... I think you're looking too much into the fact 'its just a date' whereby you need to be looking at the bigger picture, its not compliant - simple.... I understand what you're saying about entering into a mutual consent order but the fact is many agreements have been made unenforceable due to little errors and the same applies - most the ones made unenforceable are also signed, a signature means nothing if the agremeent is non compliant with the act designed to protect it and the consumer.

DABZY_2

this brings me on to the next point "prescribed terms" there is no such thing on my agreement,there is however a "schedule" is this the same thing,thanks alot for all of your help by the way

never-in-doubt

DABZY wrote: »

this brings me on to the next point "prescribed terms" there is no such thing on my agreement,there is however a "schedule" is this the same thing,thanks alot for all of your help by the way

Maybe be better to read here and figure out yourself: Unenforceability & Template Letters

what_a_mess_5

I have just recd a credit aggreement from HFC which is not signed and states that I haved taken out PPI insurance which now means IU owe over 30,000 I ook out 11,000 over 7 years and have paid back 9,000 n odd pounds the agreement states that I tok out PPI even though Credit Agreement is not signed and the dates don't even add up I have written to haved the PPI taken off therefore taking off the balance of my loan hopefully, but when I recd therir statements there is a whoppijng 5,550 collection fee how can this be advice would be appreaciated