Application forms and TS.

[Dibsthefrenchie]

I have been advised by Trading Standards that an application form is acceptable and enforceable as a CCA, are they correct?

[pt2537]

the simple answer is yes,

 

as scrap of paper in essence is acceptable as a CCA as long as it complies with the CCA 1974 and the regulations made under the Act

[Michael Browne]

Almost certainly not. See here:

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/105315-my-agreement-enforceable-useful.html

[pt2537]

i have to disagree im afraid Michael

 

as long as a document contains the Prescribed terms in accordance with Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and is readily legible, it could easily be argued that the document weather headed Application or not could be enforced by the courts under the Consumer Credit Act

 

so we would need to look at the document itself to ascertain what terms are present

 

 

many applications i have come across don't cut the mustard but i have seen some that do and have been enforced in the courts

 

regards

paul

[diskmandave]

Tameside Trading Standards Service is of the same perception, as am I.

 

If an application form is correctly presented in accordance with the CCA etc it is a dual application agreement.

 

 

Regards, Dave.

[itsamomentintime]

this is shaky ground. an application form only shows that you APPLIED for an account. what if the application was turned down?

[Dibsthefrenchie]

I have scanned the application form, they also enclosed a copy of the T&C's, but there are no prescribed terms actually on the form, although it does state in the Right to Cancel box " Once you have signed this agreement, you will have a short time to cancel it" and also in the top right hand column, Credit Agreement regulated by the CCA 1974.

[pt2537]

this is shaky ground. an application form only shows that you APPLIED for an account. what if the application was turned down?

 

 

Highly likely that there would be no debt as non successful application rarely end in a lender lending money on them;)

[pt2537]

with regards to the application form from tescos,

 

Its totally utterly completely UNENFORCEABLE AS IT STANDS

 

regards

paul

[Dibsthefrenchie]

Thanks for that Paul, your confidence is much appreciated.

Sandie x

[R B 1968]

Hi PT,

 

You're obviously very knowledgeable about CCA's so I wonder if I can run this by you PLEASE:

 

To re-cap re. Barclaycard.

 

CCA'ed and THEY signed on 24.12.07.

 

Just received intitial reply and to 'briefly' summarise:

 

Please find enclosed information as follows:

 

A signed copy of your Application Credit Card Agreement regulated by the Consumer Credit Act 1974,

A copy of your Barclaycard Conditions regulated by the Consumer Credit Act 1974,

The current credit limit on your account is £XX,

The current outstanding balance on your account as of today's date is £XX,

Your next minimum payment of £XX is due XX January 2008.

 

The information enclosed completes our obligation to supply information and copy documents under the Consumer Credit Act, I trust that this is suitable for your purpose, however please do not hesitate to contact me should you require any further assistance.

 

Unfortunately I don't have a scanner (just a digital camera !) so can't post the attachments on here but they are 'basically' as described:

a) A large (slightly bigger than A4) photocopy of "Barclaycard Conditions",

b) A further sheet (A4) which is a photocopy of an "easy application" form, as allegedly signed by me ! Worth noting this is a poor photocopy and the small print cannot be read (although I gues their copy is legible !). This is literally a (very short) handwritten application form just showing title, sex, first names, surname, address, postcode, e-mail, DOB, Work tel, Mothers maiden name, annual income, partners income, bank account no., and bank sort code.

This is followed by a box containing a few lines about the C C A 1974 followed by my (alleged) signature and a date.

Below this ia a space to fill in other Credit Card details including name of provider, their (other providers) account number and thirdly the amount of balance to be transferred !

 

I can't help feeling my CCA request hasn't been fulfilled BUT I'm no expert by any means !

 

And that the crux of it really................

 

Look forward to your thoughts.

Thanks,

R

[pt2537]

based soley upon what you have described, i would say the document is non compliant, the fact that you have not mentioned any of the prescribed terms would indicate they are missing

 

of course it is extremely difficult to say for sure without seeing the document itself

 

regards

paul

[Dibsthefrenchie]

Following on from my contact with TS regarding this application form, I have now received the following from Tesco:

 

 

 

 

I am still not convinced that this is a fully executed agreement despite what Tesco want me to believe, but am I correct?

Dibs x

[tifo]

it's very like what i received from DLC for an MBNA card and i took that as being enforceable.

 

the prescribed requirements seem to be under the second page 'Terms and Conditions'.

[diskmandave]

The prescribed terms have to be on the credit agreement itself,

not a separate page or on the terms and conditions.

 

Regards, Dave.

[Dibsthefrenchie]

Thank you for that Dave, the t&c's are on seperate pages.

Dibs x

[Dibsthefrenchie]

Just an update, Intrum Justitia are now chasing this debt, correspondence as follows:

 

 

I had hoped after receiving the above letter from Intrum Justitia that I wouldn't be hearing from them again, wrong,

received this one today:

 

So have sent a letter to the FOS reporting them for harassment.

It does seem that Tesco feel they have the required documents and are intent on going to court with this one.

[clutchingatstraws]

Priceless, absolutely priceless.

[Having_A_Knightmare]

These DC get more foolish by the day.

Do they not realise if they took you to Court on the above they would not win.

 

Hak

[Dibsthefrenchie]

Tesco Personal Finance must be pushing Intrum Justitia to take legal action, Tesco made it clear in their last letter that they intended to persue this account, I feel that Intrum Justitia would perhaps prefer not to! It will interesting to see what the FOS has to say.

Dibs x