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Credit Card Agreement

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  • Credit Card Agreement

    I asked for an original credit card agreement from my creditors only 1 company responded, which looked like a photocopy which someone in their bedroom and cheap printer has made up.

    Question is when you sign up for credit is their a proper credit agreement like an original not photocopy which is signed in ink?

    For example company when providing ID and proof of address don't accept photocopies and some ask it to be certified by a solicitor is it the same concept that these banks should be adhering to?

    Also, if they fail to provide you with a credit agreement when asked or even advise you on how to obtain one or sent any request forms is your debt still enforceable by courts? I would imagine the judge would rule well you didn't provide a credit card agreement which he/she wanted therefor dismissed?
    Tags: None

  • #2
    Re: Credit Card Agreement

    Hi pipsaholic

    If you are asking whether an on-line electronic 'signature' or tick-box is acceptable to the court, here's what Mr Justice Popplewell decided in Bassano v Toft [2014]
    http://www.lexology.com/library/deta...7-bfb7202a0fbb
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Credit Card Agreement

      ok put the signature aside. What if you have requested a CCA and they have not sent it? I requested it 3 times with recorded delivery they have failed to provide me with valid documentation to verify the debt?

      Comment


      • #4
        Re: Credit Card Agreement

        Originally posted by pipsaholic View Post
        ok put the signature aside. What if you have requested a CCA and they have not sent it? I requested it 3 times with recorded delivery they have failed to provide me with valid documentation to verify the debt?
        The sanction for not supplying compliant documentation within the statutory timeframe (12 days, + 2 for posting) is being barred from enforcing the agreement until/unless they do comply.
        s78(6) CCA 1974 (As amended).....for running-account credit agreements (ie credit card)
        (6)
        If the creditor under an agreement fails to comply with subsection (1)—

        (a)
        he is not entitled, while the default continues, to enforce the agreement;F3. . .
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: Credit Card Agreement

          Hi,

          Could you review this CCA and see any errors or if its enforceable or not? I have deleted my personal details. Thanks.
























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