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Mortimer Clarke (representing Cabot Financial) opened a claim against me a couple of months ago at Northampton CCC which I am defending. I requested both the CCA agreement and the documents listed in the claim (civil procedures rule 31.14) from Mortimer Clark and have got the documents but I am unsure if the document that Mortimer Clarke has given me (which they call 'the agreement') is a CCA agreement. The agreement does not have the heading "Credit Card Agreement regulated by the Consumer Credit Act 1974" at the top like I was expecting it to have. The document does not explicitly say it is a CCA regulated by the Consumer Credit Act 1974.
Important Excerpts from the document
"Our credit agreement is set out below. Please read this carefully before you sign. We also recommend that you save or print a copy for your records.
By ticking in the E-signature box below this agreement, you are agreeing to the terms and conditions of the agreement as set out below and acknowledge that you have been provided and had the opportunity to consider the information about the aqua card"
"To sign this application please tick the box below. By ticking the box you consent to credit identity, fraud and other credit checks being carried out. Your application is not accepted until these checks are successfully completed, at which point this will become a legally binding agreement"
The IP address that is logged in the agreement is not a valid public IP address (starts with a 10) which I find very odd. This document is signed prior to credit checks being made so I don't understand how this agreement on its own can prove that a legally binding agreement (that is governed by the terms in this agreement) was ever in place. Credit checks foil applications all the time. Can someone advise whether this is indeed a CCA agreement?
Appreciate any input.
Important Excerpts from the document
"Our credit agreement is set out below. Please read this carefully before you sign. We also recommend that you save or print a copy for your records.
By ticking in the E-signature box below this agreement, you are agreeing to the terms and conditions of the agreement as set out below and acknowledge that you have been provided and had the opportunity to consider the information about the aqua card"
"To sign this application please tick the box below. By ticking the box you consent to credit identity, fraud and other credit checks being carried out. Your application is not accepted until these checks are successfully completed, at which point this will become a legally binding agreement"
The IP address that is logged in the agreement is not a valid public IP address (starts with a 10) which I find very odd. This document is signed prior to credit checks being made so I don't understand how this agreement on its own can prove that a legally binding agreement (that is governed by the terms in this agreement) was ever in place. Credit checks foil applications all the time. Can someone advise whether this is indeed a CCA agreement?
Appreciate any input.
