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  • 10past6
    10past6 Posts: 4,962 Forumite
    ricky_balboa wrote: »
    Does anyone else think this CCA sent to me is incomplete?
    If that's what they've sent you claiming it's your CCA, it's actually an “application form” I don't see any prescribed terms on it, therefore, a court would have to declare it “unenforceable”
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    10past6 wrote: »
    If that's what they've sent you claiming it's your CCA, it's actually an “application form” I don't see any prescribed terms on it, therefore, a court would have to declare it “unenforceable”

    Mate I actually think it is enforceable, there is a clear message just under the signature explaining that the customer has seen and agreed to the terms - which is (legally) a direct link. Plus it is signed!

    I would say the actual CCA is 75% enforceable, from a quick glance....

    The application form part is what makes me sway to agree with you, but I know a court ignored this, previously. It's all dependant on the judge on the day - that is mainly why I never replied to the CCA query, if it was not going to court i'd say argue for unenforceability cos we'd be able to win that internally, the moment court pops up, I would hate to change some already good presedents such.... weird one to call... :o
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • 10past6
    10past6 Posts: 4,962 Forumite
    never-in-doubt wrote: »
    Mate I actually think it is enforceable,
    The text within the links is to small for me to read Nids :o I've tried to Zoom in on it, but it becomes to blurred, I did make out the application part tho :D
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    10past6 wrote: »
    The text within the links is to small for me to read Nids :o I've tried to Zoom in on it, but it becomes to blurred, I did make out the application part tho :D

    I know it is a bad copy, but what i'm basing this on is the fact they have responded to the CPR with the copies which to me suggests they do have original signed copies and the link is there, unfortunately.

    Hmmm, put it this way i'd not be using unenforceability as part of my fight...... :p:p
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • ricky_balboa
    ricky_balboa Posts: 145 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    NID,
    I cant see the link you are referring to just under the signature.What does the wording begin with?

    Do i still have a case if this is enforceable, on the other grounds for my defence?

    Shouldnt they have to send me the full CCA as asked by the CPR legally, and not just this one sheet?

    If they produce it in court, wouldnt i get time to study it away from court?

    Do you need it blown up larger 10past6? ;)
  • 10past6
    10past6 Posts: 4,962 Forumite
    never-in-doubt wrote: »
    Hmmm, put it this way i'd not be using unenforceability as part of my fight...... :p:p
    From memory, correct me if I'm wrong Ricky, but you have an invalid DN, yeh? if so, that's much more powerful than the CCA route, therefore, the CCA shouldn't really be mentioned ;)
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    ricky_balboa wrote: »
    NID,
    I cant see the link you are referring to just under the signature.What does the wording begin with?

    http://s740.photobucket.com/albums/xx49/slightly78/cca%20nationwide/?action=view&current=IMG_0003-1.jpg

    Middle part of the form, directly above "your right to cancel" and the huge X you see - right there! See it yet?

    That's the killer!
    ricky_balboa wrote: »
    Do i still have a case if this is enforceable, on the other grounds for my defence?

    10past6 is your man here :p
    ricky_balboa wrote: »
    Shouldnt they have to send me the full CCA as asked by the CPR legally, and not just this one sheet?

    Why are you saying one sheet when i'm looking at several uploads on your photobucket thing?
    ricky_balboa wrote: »
    If they produce it in court, wouldnt i get time to study it away from court?

    Not likely! :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • 10past6
    10past6 Posts: 4,962 Forumite
    ricky_balboa wrote: »
    Do you need it blown up larger 10past6? ;)
    Have a look at my post above Ricky ;)
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    10past6 wrote: »
    From memory, correct me if I'm wrong Ricky, but you have an invalid DN, yeh? if so, that's much more powerful than the CCA route, therefore, the CCA shouldn't really be mentioned ;)

    Exactly, that's what i'm trying to say - forget arguing on the CCA channel cos it will fail..... :o
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • 10past6
    10past6 Posts: 4,962 Forumite
    never-in-doubt wrote: »
    Exactly, that's what i'm trying to say - forget arguing on the CCA channel cos it will fail..... :o
    Cheers mate, thought so ;)

    Ricky, remember what I've said all along, keep it simple, all you need to study is the legislation surrounding the DN, nothing more ;)
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
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