nationwide

[dizzyking]

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?

[MIKE770]

Re: nationwide

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?

Sounds like the toilet paper we seem to get nowadays, that it what it is a application form by the sounds of it, try and uplaod it omitting personal detail:beagle::beagle:s for the forum to see and report findings for you

[dizzyking]

Re: nationwide

Thanks, I will try to get this scanned and uploaded.

[dizzyking]

Re: nationwide

having a problem getting this document scanned, will do it as soon as possible.

[dizzyking]

Re: nationwide

I hope these are clear enough to see.
I have scanned the agreement, and terms and conditions leaflet.

hope someone gets chance to give this the once over for me.
thanks in advance

[MIKE770]

Re: nationwide

Can see your surname on the supposed agreement blank it out more if I were you, Will try and get further views from CB etc for you.:beagle: bump also on the lower part you account no etc.,

[dizzyking]

Re: nationwide

Thanks for that, I have taken out the name properly now.

[MIKE770]

Re: nationwide

I hope these are clear enough to see.
I have scanned the agreement, and terms and conditions leaflet.

hope someone gets chance to give this the once over for me.
thanks in advance

BUMP

[Curlyben]

Re: nationwide

Well doesn't appear to have any of the prescribed terms and is simply an application.

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.

The T&C's included are meaningless as there are NOT the ones that would of been inforce at the time to account was opened.
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..

[dizzyking]

Re: nationwide

Thank 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.
D

[MIKE770]

Re: nationwide

Thank 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.
D

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.

[dizzyking]

Re: nationwide

Is there a template letter for the SAR that I could use. I'm not even sure what SAR stands for.

[MIKE770]

Re: nationwide

Go through GUIDES on tool bar above, SUBJECT ACCESS REQUEST a template letter for you there, look down to Claimimg Against Banks etc. click on the item 8 refers.

[volvo]

Re: nationwide

Curly

Does a application form signed by me without the prescribed terms still means its unenforceable despite all the latest regarding test cases etc.,

Many Thanks

VOLVO

[Curlyben]

Re: nationwide

Nope..
Still needs the prescribed terms to be an enforceable agreement.
The recent test cases didn't change that fact at all.
In fact the cases where more concerned with compliance issues under s78.