Tweet
We have received a copy of the application form and reconstructed T&Cs for my wife's Barclaycard account from 2004 which has been sold to MKDP from a CCA request. Part of the copy is unreadable. There doesn't appear to be any details as to APR or repayment etc unless it is in the unreadable section. I sent them query-illegible-document-received letter from the templates section and they have replied stating that they have already supplied T&Cs and statements so please pay up.
As the application form is unreadable in parts and there are no links to the T&Cs overleaf etc how does this stand if it went to court as section 61 states that the agreement (if this application form can be taken as the agreement) must be legible at the time of signing, which it most likely was but any copy that would be produced now isn't?
I realise that the recon may well satisfy section 78 but without a legible original for court how would she stand?
As the application form is unreadable in parts and there are no links to the T&Cs overleaf etc how does this stand if it went to court as section 61 states that the agreement (if this application form can be taken as the agreement) must be legible at the time of signing, which it most likely was but any copy that would be produced now isn't?
I realise that the recon may well satisfy section 78 but without a legible original for court how would she stand?
Comment