credit card application forms, legal?

[zentrix9]

I have recieved a copy from HSBC of a form we filled in for a credit card. It states at the top of the form "credit card request form". Would this be a legal document?
I cant see a credit limit, rate of interest or anything about repayments on it.
I have attached photos for you to look over.
The agreement was signed 17/7/2002

[BillandBen]

Re: credit card application forms, legal?

Sorry, I can't get it to enlarge to have a look

[zentrix9]

Re: credit card application forms, legal?

Larger scan this time so you can read properly

[zentrix9]

Re: credit card application forms, legal?

Here is what they sent my wife. Aphotocopy of the original document.

[TomThumb]

Re: credit card application forms, legal?

Not to be too pedantic but the question you are asking is the wrong one...

Its not a matter of the forms being "legal" but rather "enforceable" or better still "unenforceable".

As you have noticed the documents they have sent do not contain the prescribed terms, I will put one caveat on this tho.. the document does state next to the personal information part that you are agreeing you have read the terms overleaf.. it would be for the bank to argue that all the terms were on the back and then the terms would be contained within the signature document.

Just my opinion tho...

S.

[zentrix9]

Re: credit card application forms, legal?

I was sent the above also but mine is an original that they have just written on to give to me. They couldnt even be bothered to do a reconstituted document. I can confirm 100% that the attached documents above are the front and back of an application and there are no terms and conditions I can see anywhere

[TomThumb]

Re: credit card application forms, legal?

I was sent the above also but mine is an original that they have just written on to give to me. They couldnt even be bothered to do a reconstituted document. I can confirm 100% that the attached documents above are the front and back of an application and there are no terms and conditions I can see anywhere

Then read up on Carey vs HSBC and the judges comments on the prescribed terms being within the four corners, this is the ruling you'll probably need to defend against.

Looks unenforceable to me :tinysmile_grin_t:

S.

[pompeyfaith]

Re: credit card application forms, legal?

I also see that they recommend you take there (valuable cough cough) payment protector

Valuable to who them I guess.

Did you take this out and if you did have you claimed it back?

PF

[zentrix9]

Re: credit card application forms, legal?

I did take it out by the look of it, they have been charging me. I will be claiming it back, also just had a letter from them saying they cant find my original document, result!

[pompeyfaith]

Re: credit card application forms, legal?

In that case have a good read of the ppi forum and the fsa website arm yourself with plenty of info on ppi misselling be warned though there is loads out their and all in the consumers favour also read the UTTCR 1999 on unfair contracts

[caledonia2]

Re: credit card application forms, legal?

This is an application not a credit agreement I saw many of these as a former volunteer advisor It does not provide you with the terms and conditions and states clearly that it is a credit application it also fails to comply with the Consumer credit act. Trust me I saw many of these documents as an advisor at the cab when they insisted on taking this information to court we would help the client by lodging the defence and let me tell you this they were always laughed out of court. This agreement has about as much legality as handing a cashier in the bank money from the toy bank with mickey mouses face on it. They cant take any enforcement action based on this credit application form as well its just an application not an actual executed credit agreement. As a result no its not a legal form they have no right to enforce this debt if they attempt to go to a court you can argue that there is no legally binding credit agreement and if they pass on information on this to your credit file you can have it removed as a breach of the data protection laws. Your local CAB can help deal with any enforcement action they try to take. Capital one did a similar thing with me supplying me with a signed credit agreement .

I sent a letter to the credit reference agency warning them that there was no signed credit agreement and as such Capital one could not enforce the debt. The reply I had got back was that lowell who bought the debt of capital one had requested that the default be removed as this was in their opinion a case of fraud. But I know the real reason they removed it was because they had broken the law regarding the debt as their was no agreement. So don't worry about it they can't enforce it unless they can provide you with the original signed credit agreement.

I always find it best to ask for an original copy of the signed executed agreement as under data protection laws they have to supply you with any information you ask for. This agreement is non enforceable. Please note I am not a legal professional but I have had experience of this kind of thing before my advice does not constitute legal advice. I would recommend you pop into your local CAB one of their money advisor's can help you with the credit agreement and provide you with advice on your rights.

[zentrix9]

Re: credit card application forms, legal?

I thought that was the case. They have sent my SAR letter back saying it wasnt signed so I have sent it back signed with lines through it. They are playing for time now I think so I thought I would send it back asap so they cant mess me about.

[Worried Sick2]

Re: credit card application forms, legal?

This is an application not a credit agreement I saw many of these as a former volunteer advisor It does not provide you with the terms and conditions and states clearly that it is a credit application it also fails to comply with the Consumer credit act. Trust me I saw many of these documents as an advisor at the cab when they insisted on taking this information to court we would help the client by lodging the defence and let me tell you this they were always laughed out of court. This agreement has about as much legality as handing a cashier in the bank money from the toy bank with mickey mouses face on it. They cant take any enforcement action based on this credit application form as well its just an application not an actual executed credit agreement. As a result no its not a legal form they have no right to enforce this debt if they attempt to go to a court you can argue that there is no legally binding credit agreement and if they pass on information on this to your credit file you can have it removed as a breach of the data protection laws. Your local CAB can help deal with any enforcement action they try to take. Capital one did a similar thing with me supplying me with a signed credit agreement .

I sent a letter to the credit reference agency warning them that there was no signed credit agreement and as such Capital one could not enforce the debt. The reply I had got back was that lowell who bought the debt of capital one had requested that the default be removed as this was in their opinion a case of fraud. But I know the real reason they removed it was because they had broken the law regarding the debt as their was no agreement. So don't worry about it they can't enforce it unless they can provide you with the original signed credit agreement.

I always find it best to ask for an original copy of the signed executed agreement as under data protection laws they have to supply you with any information you ask for. This agreement is non enforceable. Please note I am not a legal professional but I have had experience of this kind of thing before my advice does not constitute legal advice. I would recommend you pop into your local CAB one of their money advisor's can help you with the credit agreement and provide you with advice on your rights.

Thank you for this information it is a great help to me, been trawling my way through this forum for info on Application Forms for Credit Cards and you have excelled yourself with your info, many thanks.

[charitynjw]

Re: credit card application forms, legal?

Hiya,

According to your first post, the agreement was taken out in 2002.

As such, it comes under the Consumer Credit Act 1974.

Therefore, s127(3) of that Act, which concerns 'unenforceable agreements' is applicable.

The Consumer Credit (Agreements) Regulations 1983 state the 'prescribed terms' which must be on that agreement.

If any of the terms are missing, the agreement will not be able to be enforced.

However, that does not mean that the 'debt' is wiped out, it means that the creditor cannot take any legal enforcing action.

You can, however, be 'defaulted' by credit reference agencies, which may affect your credit rating.