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In response to my CCA request Egg have sent me 30 or 40 odd pages of computer screen prints of what looks like my online application. I'm aware online applications have a tick instead of a signature - will scan it in tomorrow but in the meantime does anyone have any idea the differences with the prescribed terms for online applications?
Okey dokey then that would be considered fine as an on-line signature (they were legal binding as of 31st December 2004). You can still challenge the agreement though as it does need to contain the prescribed terms. Having said that if it's with Egg it probably will.
So a card agreement made solely online before the end of 2004 is not worth the electrons it was "made" with, then?
If it was made solely online then yes. Before this date if agreements were made online then a copy of the agreement should have been out for the signature (in manuscript) of the person taking out the credit in order to be enforceable.
Also, on a side issue, does this mean that a tick was not enough before the end of 2004 to take out PPI either?
I would think it would usually be considered sufficient if the overall agreement was properly signed by the person taking out the credit.
If it was made solely online then yes. Before this date if agreements were made online then a copy of the agreement should have been out for the signature (in manuscript) of the person taking out the credit in order to be enforceable.
This is good news. I have an online application form sent by a bank as s.78 compliance, unsigned by both me and the bank (though date stamped i think). There is also no 'tick box' for PPI, just a statement stating i accepted this online.
Does this mean the account was totally unenforceable? I settled this in part payment and the bank has recently, via the fos, put my refund of charges towards the write off it made, hence i have paid more than 100% of the account as i also 'got' some compensation from the bank which has gone into the write off.
I was intending to claim all credits to the account (interest, PPI, fees etc) back from the bank as they have no valid agreement with prescribed terms, but with this news it would seem they have an unsigned agreement as well.
As you have stated before, the bank should have a copy of the vital agreement easily to hand as they are required to store info for 5/6 years under tax legislation and anti money laundering regulations.
Online Egg Credit Agreement
have sent me 30 or 40 odd pages of computer screen prints of what looks like my online application. I'm aware online applications have a tick instead of a signature
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Originally Posted by rory32
