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Here is a link to the actual document they sent me. Would somebody knowledgable mind having a look, and advising whether they think its a property executed credit agreement for the purposes of the CCA 1974?
Re: IF Credit Card - is this a property executed credit agreement?
i am not sure, but there is nothing on there regarding PPI etc, and it does actually state
''i understand that you may not accept my application and that you do not have to tell me why.'' http://www.consumeractiongroup.co.uk...plication.html
Re: IF Credit Card - is this a property executed credit agreement?
S59 about pre-contract documents not being valid as an agreement
59 Agreement to enter future agreement void
(1) An agreement is void if, and to the extent that, it purports to bind a person to enter as debtor or hirer into a prospective regulated agreement.
(2) Regulations may exclude from the operation of subsection (1) agreements such as are described in the regulations.
this is also written on the above link, hope this helps you.
Re: IF Credit Card - is this a property executed credit agreement?
Hmmm I'd say YES - enforceable agreement.
OK it doesn't have the credit limit printed on it and no cancelation rights, but they're a minor really.
Originally Posted by groovychickmum
S59 about pre-contract documents not being valid as an agreement
59 Agreement to enter future agreement void
(1) An agreement is void if, and to the extent that, it purports to bind a person to enter as debtor or hirer into a prospective regulated agreement.
(2) Regulations may exclude from the operation of subsection (1) agreements such as are described in the regulations.
this is also written on the above link, hope this helps you.
Groovy while this is indeed true it DOESN'T apply in this case, this isn't an application.
Re: IF Credit Card - is this a property executed credit agreement?
Yes you're absolutely right... its just not worth it.
I have a feeling that this document could have somehow been 'created' because in February, when I first requested the agmt, they sent me an application form and a signed copy of a DD form to constitute my agreement to the application. Then all of a sudden, when I stop paying, they bloomin' produce a properly executed credit agreement. The copy they have given me looks like it has been faxed, so there are breaks in the lines etc and its a bit wonky. How convenient!
Disclaimer: for legal reasons I am not suggesting that IF have done anything dodgy, I am not in the habit of making potentially defamatory accusations.
But I just have an iffy (teehee) feeling about this one. Not much I can do to prove it though.
I previously S-A-R'd them, so i'm sending a prelim today and am claiming compound contractual interest.
Re: IF Credit Card - is this a property executed credit agreement?
Originally Posted by Curlyben
Hmmm I'd say YES - enforceable agreement.
OK it doesn't have the credit limit printed on it and no cancelation rights, but they're a minor really.
well that would depend on the agreement and where it was signed. i can't view this one as my work internet blocks many sites, i'll have a look at home later.