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Has anyone on here got any experience of dealing with Creation Financial Services Ltd, formerly Sygma Bank UK?
I took out a card with them in or around 2008. It was a store card for a national chain which has since disappeared from the high street. However, the card also doubled up as a general credit card, so you could use it anywhere Mastercard was accepted. When the store card reached the end of its validity date, which was well after the retailer whose name was printed on it had ceased trading, the company issued customers with one of their own unbranded cards. At no time was I ever asked to sign a new agreement.
I had some issues with this company a while ago and during my exchanges with them I asked them to send me a copy of the original agreement that I signed. I am, of course, aware of the "true copy" situation in that they need not send one with a copy of my signature on. Nevertheless, it must have exactly the same wording.
The original card was quite a good one to have, because for every £30.00 you spent in the issuing retailer's stores, you received a £5.00 voucher. You also got a £5.00 voucher for every £100.00 you spent elsewhere.
However, when the copy agreements came, there was no mention whatsoever of the original retailer's name or brand. What was send was basically generic material. Clearly, these are not true copies of what I signed.
I actually signed up for the card whilst shopping in the retailer's store. When I went to pay for my goods I was asked if I wanted to take out their store card. When the benefits were explained to me, I said yes. My application was actually processed there and then by the cashire, which included a credit check by telephone. My application was approved at the checkout. The only thing I can't remember for sure is if the purchases I made went straight onto the store card, or whether I used another card at that moment to pay for my purchases. I'm pretty sure I was allowed to pay on the new account, even though I had only just signed up and didn't actually have the card.
However, what I do clearly remember is that I only signed a very brief form of agreement, which contained little more than my name and address and a couple of terms. It was on a big pad. I'm also sure I was not given a copy of the full terms and conditions and they were definitely not on the document I signed.
When the copy agreements arrived, it was quite interesting. One document was entitled "Pre Contract Information" and the other was entitled "Mastercard Guide". These are attached. They are not particularly clear, but on inspection I am of the view that the document I signed at the counter contained very little more information than you can see in the Pre Contract Information leaflet. The Mastercard Guide is basically the leaflet that they send out when they issue customers with a new card.
This has triggered a belief in my mind that because I did not sign a document which contained the full terms and conditions, the agreement is actually unenforceable. I have used the account for many years and I actually have a good payment record, but the company has pissed me off again recently and I am considering telling them where they can shove their card.
I'm pretty sure I'm right about enforcability, but I would welcome any comments in that regard.
I took out a card with them in or around 2008. It was a store card for a national chain which has since disappeared from the high street. However, the card also doubled up as a general credit card, so you could use it anywhere Mastercard was accepted. When the store card reached the end of its validity date, which was well after the retailer whose name was printed on it had ceased trading, the company issued customers with one of their own unbranded cards. At no time was I ever asked to sign a new agreement.
I had some issues with this company a while ago and during my exchanges with them I asked them to send me a copy of the original agreement that I signed. I am, of course, aware of the "true copy" situation in that they need not send one with a copy of my signature on. Nevertheless, it must have exactly the same wording.
The original card was quite a good one to have, because for every £30.00 you spent in the issuing retailer's stores, you received a £5.00 voucher. You also got a £5.00 voucher for every £100.00 you spent elsewhere.
However, when the copy agreements came, there was no mention whatsoever of the original retailer's name or brand. What was send was basically generic material. Clearly, these are not true copies of what I signed.
I actually signed up for the card whilst shopping in the retailer's store. When I went to pay for my goods I was asked if I wanted to take out their store card. When the benefits were explained to me, I said yes. My application was actually processed there and then by the cashire, which included a credit check by telephone. My application was approved at the checkout. The only thing I can't remember for sure is if the purchases I made went straight onto the store card, or whether I used another card at that moment to pay for my purchases. I'm pretty sure I was allowed to pay on the new account, even though I had only just signed up and didn't actually have the card.
However, what I do clearly remember is that I only signed a very brief form of agreement, which contained little more than my name and address and a couple of terms. It was on a big pad. I'm also sure I was not given a copy of the full terms and conditions and they were definitely not on the document I signed.
When the copy agreements arrived, it was quite interesting. One document was entitled "Pre Contract Information" and the other was entitled "Mastercard Guide". These are attached. They are not particularly clear, but on inspection I am of the view that the document I signed at the counter contained very little more information than you can see in the Pre Contract Information leaflet. The Mastercard Guide is basically the leaflet that they send out when they issue customers with a new card.
This has triggered a belief in my mind that because I did not sign a document which contained the full terms and conditions, the agreement is actually unenforceable. I have used the account for many years and I actually have a good payment record, but the company has pissed me off again recently and I am considering telling them where they can shove their card.
I'm pretty sure I'm right about enforcability, but I would welcome any comments in that regard.
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