Drydensfairfax/Arrow Credit agreement but electronic signature

[BH1]

Hi, I received the normal letter threatening court action, I applied to DF for a copy of the credit agreement along with the £1. They have produced a document entitled Credit Card Agreement Regulated By the Consumer Credit Act 1974 with my details on it however there is no actual signature, The last page says 'I confirm that the tick in this box is a valid means of establishing the authenticity and integrity of my signature' and of course the box is ticked.

Is this a valid copy of an agreement and would it hold up in court if they proceed down the CCJ route.

Another interesting point that may or may not have relevance is that the amount is £4999.00 and I belive the actual amount owed is more like 13k.

Any advice would be greatly appreciated.

[FlamingParrot]

Re: Drydensfairfax/Arrow Credit agreement but electronic signature

Hi, I received the normal letter threatening court action, I applied to DF for a copy of the credit agreement along with the £1. They have produced a document entitled Credit Card Agreement Regulated By the Consumer Credit Act 1974 with my details on it however there is no actual signature,

Is there any chance you could scan or take a photo of the alleged CCA, remove all personal details and post it up? :typing:

The last page says 'I confirm that the tick in this box is a valid means of establishing the authenticity and integrity of my signature' and of course the box is ticked.

Is this a valid copy of an agreement and would it hold up in court if they proceed down the CCJ route.

If you applied online for a credit product in or after January 2005, then the tick box does fulfil the role of a signature. The Consumer Credit Act 1974 (Electronic Communications) Order 2004 removes the need for the creditor to send a hard copy of the agreement for signature if the agreement was entered into online.

Another interesting point that may or may not have relevance is that the amount is £4999.00 and I belive the actual amount owed is more like 13k.

Any advice would be greatly appreciated.

Do you know what this debt is for? Would be useful if you could give us more information such as:

• Was this a card, loan, catalogue account, etc.
• Who was the original creditor?
• Who are Drydens acting for?
• Approx. date you applied for the card/loan, etc.
• Did you apply online?
• Approx. date you defaulted on it
• When did you last make a payment?

Apart from the rather obvious £8k difference, if this went to court it would make a difference in terms of track allocation. Claims below £10k normally go to small claims and those above to fast track.

[BH1]

Re: Drydensfairfax/Arrow Credit agreement but electronic signature

FlamingParrot thanks for the response, answers as follows :-

• Was this a card, loan, catalogue account, etc. - Credit card
• Who was the original creditor? - Virgin/MBNA
• Who are Drydens acting for? - Arrow Global Gurnsey Limited
• Approx. date you applied for the card/loan, etc. - 19/3/2007
• Did you apply online? - Cant remember but assume so
• Approx. date you defaulted on it - July 2010
• When did you last make a payment? -July 2010

[BH1]

Re: Drydensfairfax/Arrow Credit agreement but electronic signature

Last document Attached.

[BH1]

Re: Drydensfairfax/Arrow Credit agreement but electronic signature

Received a phone call from Drysden today, didnt answer it as have no intention of talking to them at the moment. Would be nice to know where I stand, do I continue to ignore them, wait to see if they make a court claim? Incidentally they are writing to my old address so they dont have my current address, is this an advantage or a disadvantage.
Any advice welcome.

[nemesis45]

Re: Drydensfairfax/Arrow Credit agreement but electronic signature

The agreement looks pretty standard, an MBNA card account.
If DF has a landline number you can be sure they can find your address very easily.
The tick box sig is acceptable.

OK when was the last payment or written acknowledgment made to this account?
What was the default date?
Is this on your credit reference files if so what does it show?
If you haven't checked try Noddle it's free online.

nem

[BH1]

Re: Drydensfairfax/Arrow Credit agreement but electronic signature

Hi Nem sorry for the delayed response, I've been away working.

DF dont have a land line number only a mobile.
Last payment was around August 2010
No written acknowledgement has been made
Noodle shows default date of 31/3/2011 and default balance of £14,781 but also shows a balance of £4,999

Why is the default amount and the balance so different? I certainly haven't paid any off.

What should my next steps be? Should I just ignore them and wait for them to make a move?

[BH1]

Re: Drydensfairfax/Arrow Credit agreement but electronic signature

Hi all, What should my next steps be, any advice appreciated as usual.