I have received from Nationwide a copy of application form that I signed when applying for credit card, it has been stamped approved, but there are no terms and conditions attached, could this be classed as the agreement?
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Re: nationwide
Originally posted by dizzyking View PostI have received from Nationwide a copy of application form that I signed when applying for credit card, it has been stamped approved, but there are no terms and conditions attached, could this be classed as the agreement?
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Re: nationwide
Well doesn't appear to have any of the prescribed terms and is simply an application.
Originally posted by 8.1 What are ‘prescribed terms’?
S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.
Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.
8.2 What if prescribed terms are missing or incorrect?
s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.
If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.
8.3 What are the prescribed terms?
The prescribed terms specified in Sch 6 are as follows:
* amount of credit – see Q8.
* credit limit – see Q8.5
* repayments – see Q8.9.
* rate of interest – see Q8.6
Sch 6 was not amended by the 2004 Regulations.
Just look at the default charges, all Ł12, well they are after April 2006 and the OFT's report.
Also there doesn't appear to be any reference within the application to tie the document to the T&C's.
Either way it is NOT acceptable to have the key financial information in a seperate document anyway..
So all in all..
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Re: nationwide
Originally posted by dizzyking View PostThank you for that, should my next step now be to write to them and tell them that it is no more than an application form. or should I do the sar.
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I would SAR them they have to give you all the necessary documents etc for sure, this is my opinion only ?? sendŁ10 Postal Order, Recorded delivery.Last edited by MIKE770; 7th November 2009, 13:10:PM.
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