unexecuted agreement if only one signature? s61 1 a

jasonessex

i done a s78 request and i got a copy of my agreement front and back, only my signature is on the agreement!
been reading cca and i'm not sure if i can argue it's unenforcable as per s61 1 a says a document needs signing by both creditor and debtor. as mine has only one, is it an unexecuted agreement?
there is a precedent somewhere, rbs vs ?????
can anybody help me in anyway please?

zppp

jasonessex wrote: »

i done a s78 request and i got a copy of my agreement front and back, only my signature is on the agreement!
been reading cca and i'm not sure if i can argue it's unenforcable as per s61 1 a says a document needs signing by both creditor and debtor. as mine has only one, is it an unexecuted agreement?
there is a precedent somewhere, rbs vs ?????
can anybody help me in anyway please?

Here is a recent post, which may help with your question.

https://forums.moneysavingexpert.com/discussion/2453531

dunstonh

Every court case arguing unenforceability seems to side with the lender nowadays. Its more or less killed off unenforceability claims which is good thing as people shouldn't be able to shirk genuine responsibilities that way.

Even where there are errors, that doesnt seem to be enough in itself to rule the agreement unenforceable. Although it would have to depend on the error. Any agreement signed or taken out after 6th April 2007 may still be enforceable even if it has not been signed or worded properly - a court would have to decide what was fair in each situation. Even if it is made unenforceable via the courts, it doesnt get removed from your credit file. You just destroy your ability to get credit in the future.

My best guess is that as the important signature is on there (yours) then a court would be unlikely to rule in your favour.