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Received CCA is this one enforceable and what's my next move

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wish_i_had_a_time_machine
wish_i_had_a_time_machine Posts: 47 Forumite
edited 26 June 2010 at 8:34PM in Debt-free wannabe
wish_i_had_a_time_machine

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  • DarkConvict
    DarkConvict Posts: 6,346 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 5 May 2010 at 6:55PM
    001.jpg is the important one here.

    Using http://forums.moneysavingexpert.com/showpost.php?p=30355917&postcount=5

    Interest Rate - The APR is 19.9% (so this is mentioned)
    Repayment schedule - 2% or £5, whichever is greater (so this is mentioned)
    Yours and Lenders signature - Missing (did you blank this out?)

    I would be tempted to say this is enforceable because true copies do not need signatures although never-in-doubt would confirm.

    What to do next -> http://forums.moneysavingexpert.com/showpost.php?p=30355901&postcount=4

    If signatures are needed you send this letter - http://forums.moneysavingexpert.com/showpost.html?p=30356133&postcount=14
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • wish_i_had_a_time_machine
    wish_i_had_a_time_machine Posts: 47 Forumite
    edited 5 May 2010 at 7:24PM
    Hi i blanked out my own signiture but there was none from halifax
    Just looked at the link you posted
    So i guess my only move is to offer repayment plan
    Thanks
    Do i need them to produce the DN as they are requesting full amount and i don't have a DN
  • carol01
    carol01 Posts: 568 Forumite
    Hi i blanked out my own signiture but there was none from halifax
    Just looked at the link you posted
    So i guess my only move is to offer repayment plan
    Thanks
    Do i need them to produce the DN as they are requesting full amount and i don't have a DN
    hiya
    why dont you pop over it never in doubts thread he'll be able to answer your questions hope this helps:)
    always smile no matter how broken you are.
  • carol01 wrote: »
    hiya
    why dont you pop over it never in doubts thread he'll be able to answer your questions hope this helps:)


    Ok will do
    Thanks
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Hiya

    It is unenforceable as the prescribed terms are not embodied within one linked document and signed by both parties. However it is also enforceable because a lender signature and/or lack of credit limit are not, in themselves, enough to deem it totally unenforceable.

    i.e. The agreement posted is enforceable, in reality.

    I'd be tempted to call their bluff for the time being, and do as DC says and send the following template, see what they come back with: CCA Query - Copy Document Supplied :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • DarkConvict
    DarkConvict Posts: 6,346 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Cheers NID :)
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • RAS
    RAS Posts: 35,662 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    Get hold of the defualt notice as there is a decent chance that is duff.
    If you've have not made a mistake, you've made nothing
  • Hiya

    It is unenforceable as the prescribed terms are not embodied within one linked document and signed by both parties. However it is also enforceable because a lender signature and/or lack of credit limit are not, in themselves, enough to deem it totally unenforceable.

    i.e. The agreement posted is enforceable, in reality.

    I'd be tempted to call their bluff for the time being, and do as DC says and send the following template, see what they come back with: CCA Query - Copy Document Supplied :D

    Hi i have read the template and it states

    " I expected to receive an exact copy of that which you hold in your records i.e. a copy of the agreement which is signed by myself and your representative. Instead, I received a typed agreement with my name, address and account number on it."

    But what they have supplied isn't a typed agreement with my name, address etc
    I thought it was an exact copy of my agreement they sent
    Do i need to tweak the template or just send it as it is
    I am confused
    Sorry for being dumb :)
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Do i need to tweak the template or just send it as it is - I am confused - Sorry for being dumb :)

    Send it as is mate :beer::beer::beer:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • OK Sir NID
    Sent today as is
    Thanks again and will keep you posted
    All say eye to NID's Knighthood

    eye !
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