On line Credit Card Agreements

[Ruby]

Can someone please clarify whether a credit card opened on line still needs to have properly executed paperwork to back it up in order to be enforceable, apart from the signature bit which I believe a tick would suffice instead of a signature. The credit card in question (in my case) was opened in 2006.

[nemesis45]

Re: On line Credit Card Agreements

Can someone please clarify whether a credit card opened on line still needs to have properly executed paperwork to back it up in order to be enforceable, apart from the signature bit which I believe a tick would suffice instead of a signature. The credit card in question (in my case) was opened in 2006.

The " tick box" is a legally accepted signature the agreement must be properly executed in the same manner as a hand written signature.

[FlamingParrot]

Re: On line Credit Card Agreements

Can someone please clarify whether a credit card opened on line still needs to have properly executed paperwork to back it up in order to be enforceable, apart from the signature bit which I believe a tick would suffice instead of a signature. The credit card in question (in my case) was opened in 2006.

The Consumer Credit Act 1974 (Electronic Communications) Order 2004 did away with the need for the creditor to send a copy of the agreement for signature if the agreement was entered into online, with effect from January 2005.

The " tick box" is a legally accepted signature the agreement must be properly executed in the same manner as a hand written signature.

The problem with online agreements from 2005 onwards where the tick box is accepted as a signature is that they can just send you a computer printout of all the T&Cs in response to a CCA request, and argue that you'd have agreed to those T&Cs when you took out the card or loan online, as you wouldn't have been able to proceed with the application without ticking the box. It would be virtually impossible to argue that there wasn't a properly executed agreement in those cases. You'd have been presented with the terms and you'd have agreed to them as if you had signed an agreement.

The reality is that most people don't bother reading terms, even less so when they are online, but that's immaterial for the purposes of the CCA.

[nemesis45]

Re: On line Credit Card Agreements

How true!! Very difficult to challenge as it is plain that the box was ticked because the account was opened.

[Ruby]

Re: On line Credit Card Agreements

Do the Terms and Conditions need to have personal information embodied within them? Ie. name of creditor and borrower - or can the T & C's just be generic and look like they could belong to any joe blog? Surely under the CCA request they must supply a CCA agreement whether signed or ticked? :confused2:

[Ruby]

Re: On line Credit Card Agreements

I am in a legal battle with Cabot who have supplied a basic sheet of paper headed Digital Signature Application Details and any joe blogs T & C's. Does section 61 (1) of the Consumer Credit Act not apply to computer applications? The sheet of paper supplied does not contain any of the details needed under the CCA 1974......

[MIKE770]

Re: On line Credit Card Agreements

How about uploading it minus your details etc for peeps to understand what you have received???

[Ruby]

Re: On line Credit Card Agreements

Another question (slightly off topic) court papers supplied have the name of one DCA and the address of another in the 'pursuer' box! Do we have the legal right to ask for a NOA? We have never heard of one DCA and have not had a NOA from anyone.

[Ruby]

Re: On line Credit Card Agreements

Mike, all the info is already unloaded under VIP section - Cabot :tinysmile_twink_t2:

[FlamingParrot]

Re: On line Credit Card Agreements

Another question (slightly off topic) court papers supplied have the name of one DCA and the address of another in the 'pursuer' box! Do we have the legal right to ask for a NOA? We have never heard of one DCA and have not had a NOA from anyone.

Not off-topic at all!

Yes, the PoC would say something about the account being ASSIGNED so that would be one of the documents you'd ask for on your CPR request letter: http://www.legalbeagles.info/forums/...382#post410382

[mystery1]

Re: On line Credit Card Agreements

Not off-topic at all!

Yes, the PoC would say something about the account being ASSIGNED so that would be one of the documents you'd ask for on your CPR request letter: http://www.legalbeagles.info/forums/...382#post410382

Except Ruby is on the good side of the wall

M1

[nemesis45]

Re: On line Credit Card Agreements

Another question (slightly off topic) court papers supplied have the name of one DCA and the address of another in the 'pursuer' box! Do we have the legal right to ask for a NOA? We have never heard of one DCA and have not had a NOA from anyone.

Which companies are involved please?

[Ruby]

Re: On line Credit Card Agreements

Cabot and Marlin (well I think they call themselves Marlin?!)

[nemesis45]

Re: On line Credit Card Agreements

Now one and the same company Cabot backed by an American bank acquired Marlin this year.
Cabot is in the habit of " making up" its own " time scales" for statutory requirement e.g. 40 days for a CCA request.
Cabot are debt purchasers now using Marlin as its DCA.

[FlamingParrot]

Re: On line Credit Card Agreements

Now one and the same company Cabot backed by an American bank acquired Marlin this year.
Cabot is in the habit of " making up" its own " time scales" for statutory requirement e.g. 40 days for a CCA request.
Cabot are debt purchasers now using Marlin as its DCA.

That seems to be their new template letter, probably a result of some brain dead monkey in their offices getting SARs mixed up with CCA requests. msl: msl: msl: