Validity of online applications/CCA's

[Harrassed&Hopefull]

Having recently served a cca request on MBNA I received a copy of my internet application dated 2003 including ip address's, and the personal data that one would fill in on an internet application for credit.

The t & c's clipped to it are undated but on the last page there is a tiny print saying 06-06-06-2150-CM

In the light of all the comments about cca's, signatures and devils in the details [or lack of] can any one please give an opinion or share some experience of this type of application for credit and its legal standing or (un)enforceabilty.

I have searched the forum for this but could not find, there could be many others with the same applications. Thanks

[mrmarmite]

you need to scan it in so we can see it, use photobucket to upload it

[Harrassed&Hopefull]

Hi mrmarmite

Ok ya, will get this done and post the link, give me a few days tho!

Cheers H&H

[Curlyben]

As The Consumer Credit Act 1974 (Electronic Communications) Order 2004 came into force in December 2004 any online agreements entered into prior to this date still need a signed executed credit agreement.

Electronic signatures weren't considered valid until this date.

 

The SI is here: The Consumer Credit Act 1974 (Electronic Communications) Order 2004

 

Also it would still have to contain all of the prescribed terms to be valid.

 

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

[Harrassed&Hopefull]

Thanks Curlyben, usefull info there - - - - and just in time b4 going to sleep !!

Cheers