Hi there,

I've recently obtained my CCA agreement back from the Halifax. The credit agreement (as it outlines itself to be above the signature box) doubles up as an application form for a credit card and the rest of the writing (addresses, tickboxes etc) has been filled in by someone else - the handwriting is clearly different to my own, despite it having my signature on it dated 12/7/01. There is no credit limit for the card stipulated on the agreement, however it does contain APR rates on the terms and conditions that have been photocopied onto the back of the copy of the application they've sent me.

A notice of cancellation states 'Your right to cancel. Once you have signed this agreement you will have, for a short time, a right to cancel it. Exact details of how and when you can do this will be sent to you by post by Halifax plc'.

The agreement hasn't been signed by the lender although i'm unsure if this is a legal requirement or not for it to be a valid contract.

I've recieved this credit agreement from the Halifax within the specified 12 days, however I'm now wondering if the agreement is enforcable based on the points highlighted above?

If anyone is able to help i'd very much appreciate it, before I contact my lender directly.

Many thanks

nawanda

Hi - The list below details the prescribed information needed to ensure the agreement is valid, read and compare yours if you are in doubt take it to your local CAB, where an advisor will need to read it before deciding whether your particular agreement complies or is unenforceable.

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Under current consumer credit laws, when you enter into a contract with a bank or credit card company or creditor, the paperwork must contain certain prescribed details that you have clearly signed up to. If you haven't signed the agreement, or if the required legal elements aren't specifically stated, then the lender will find itself in trouble if it tries to take you to court for non-payment. In other words, the contract you have with the lender may be unenforceable and, therefore, worthless.

It is a statutory requirement that CCA-regulated agreements should be in writing and signed by the borrower and that they contain the following information:

The amount of credit (or credit limit)

The credit charges

The rate of interest and whether it will vary throughout the course of the agreement

A notice of cancellation (if it is a cancellable agreement)

Details of the repayment schedule

If the agreement is not in accordance with the above requirements then it is unenforceable.

A credit agreement should also include the following (although if it doesn't then permission from the court will be required to enforce it):

A prominent heading describing the type of agreement

Names and addresses of the lender and borrower along with a signature box

Details of any security offered for the loan

Description of goods supplied if any

Cash price of goods or services

Amount of deposit

Annual Percentage Rate (APR)

However, be warned that although the old laws will apply to current credit agreements, the consumer credit rules change from April 6th 2007. From then on, with any new contract, it'll be up to the courts to decide whether your particular credit agreement is unenforceable. Even if the contract you've signed contains incorrect details, a judge may feel that you knew perfectly well what you were agreeing to!