BOS said no signature required on CCA

[greendykes]

I am looking for some advice please. I have received an agreement from BOS for my son's credit card after some chasing. I checked it and noticed it was missing a signature from the bank on the application. Plus they had attached an 8 page Credit card Agreement which has completely different Key Financial Information on it. On further investigation it became apparent that this was a new agreement as the apr, charges etc were all different. To cut a long story short I wrote back saying I thought this agreement was unenforceable. The reply was to quote.

 

The bank speaking

1. I have been informed by our legal area that all the actions we have undertaken in relation to your account have been done in accordance with the agreement you signed when the account opened. Whether or not the agreement is signed or stamped on behalf of bank of scotland, you have agreed to the terms of the account. If an agreement is unenforceable it does not mean that the debt is invalid.

 

What should I do now? Any help would be appreciated.

[darftblerk]

Scan the agreement and remove all personal details from it i.e. address, account number etc (you can do this with windows paint, or a simular package), or alternatively take a photocopy of it, black out the personal details with a marker, then scan and upload it.

 

The CCA should be signed by both parties, however you do not want to rely on this fact to dispute the debt. When was the agreement signed, and where (in bank, via post etc).

 

Halifax have a habit of producing application forms that they claim to be CCA's, so best let the member on here have a look and tear it to shreds.

:grin:

[greendykes]

Ok will do, thank for advice.

[greendykes]

Right blonde moment..it has been so long since I have done this! HOW do I upload the document again PLEASE!!!

[TheChancellor]

subbing

[darftblerk]

Right blonde moment..it has been so long since I have done this! HOW do I upload the document again PLEASE!!!

 

Do a quick search, there is an FAQ here on the site for details on uploading. You can scan & jpg to Flickr if you have an account.

 

My opinion on this one, having just filed against Halifax for 1800 quid, is that BOS are blowing smoke out of their A$#%

[greendykes]

OK I have just spent a good hour scanning & photobucketing so hopefully this will work. Thanks for the advice.

 

The agreement is 11 pages long. I will upload the 1st 3 pages as these pages have the most important information on it. The 1st page has key financial information on it BUT the TC's that where attached also have key financial information BUT it was completely different plus the name and address used was spelt wrong. The 2nd page did have my son's signature on it but I have erased it BUT you will see there is no bank signature.

 

Any help would be appreciated.

Edited October 9, 2008 by greendykes
removed form as it had account number on

[darftblerk]

Thi spage doesn't count for much, it's just an application form and would not hold any weigh tin court. It simply shows that a card was applied for, it doens't signify that and agreement was entered into.

 

If your son has signed seperate pages, these will be the signifcant ones, as these may actually form part of the CCA. The group woul dneed to see these.

 

When was the form signed (Date?)

[greendykes]

[greendykes]

[greendykes]

I will try and scan in the letter received from the BOS stating that no signature is required.

[TheChancellor]

 

Presume this is part of an 8 page epic with a (hopefully unsigned) signature box on Page 4 ?

 

Are there by any chance extra staple holes showing on that top left corner?

 

ps you might want to hide the card number on the first pic.

[greendykes]

Right attached page 1 again without account number. Thanks for that. I check page 4 and no signature, yes it is an 8 page epic. Will replace document asap.

[greendykes]

[greendykes]

As for the staples on the top corner. Yes it actually looks like the 2 page application form has been unstapled and then restapled to the 8 page document TC's. It is also interesting that the apr is different on the 2 page application and the 8 page document plus the bank charges had changed from 25.00 to 12.00, me think they have been trying to cover their mistakes. Also my son's name and address was spelt wrong on the 8 page document.

[TheChancellor]

As for the staples on the top corner. Yes it actually looks like the 2 page application form has been unstapled and then restapled to the 8 page document TC's. It is also interesting that the apr is different on the 2 page application and the 8 page document plus the bank charges had changed from 25.00 to 12.00, me think they have been trying to cover their mistakes. Also my son's name and address was spelt wrong on the 8 page document.

 

The 8 page doc. has just been put together since we took out the cards - mine features my current address not my the address 4 years ago.It just demonstrates what we should have been given.

 

Not sure about your second form as it is more detailed than mine.

 

I'm not experienced enough to say if it has all the prescribed terms or not.

[greendykes]

Thanks for advice ThChancellor. I agree that the 8 page is just an add on, the 2 page document is missing the signature from the bank. What gets me is that they attached the 8 page document with all the different information surely that is just showing that they knew they had to cover their tracks...not very good I may add lol!

 

What do do next is the question?

[HALIBUNNY]

Correct me if I'm wrong but doesn't a contract require a signature from both parties otherwise it is not a proper contract ? End of story. If they don't have their signature on surely the "contract" is null and void? It certainly would be if yours wasn't on! So if theirs isn't on....no contract in my humble, honest opinion. Am I missing something?£*!!

[greendykes]

Update, received letter from Senior Customer Relations Manager.

 

Quote

 

Whilst I am sorry that you clearly remain unhappy, there is little I can add to what is contained in my letters dated 7th March and 15th Aug. I acknowledge and decline your request for written communication only. We would only consider written communication only when the customer is co-operative and in regular dialogue with us regarding their account. As we have received no payments from you since £1.00 was received on the 4th Oct 2007. I do not accept that you are being co-operative. You correspondecne only relates to your complaint, therefore I cannot agree that you are in regular dialogue regarding your account.

 

My letter dated 7th march represented our final response to your complaint. This letter contained referral rights for the Financial Ombudsman Service and provided a period of 6 months for you to contact them regarding your concerns. Please be aware that any future correspondence regarding the same issues may not receive a reponse.

 

Interesting to say the least

Point 1. the £1.00 payment was actually sent for the CCA

Pont 2. Why would I discuss anything else with them until they sort my complaint out?

Point 3. I have never been told by a bank they don't want to talk to me again!!

 

I am in the process of writing a reponse..any comments would be appreciated.

 

I will try and upload the letter he refers too, tomorrow.

 

Oh I am a 1st time Granny..hence I disappeared for a wee while.

Edited October 29, 2008 by greendykes
spelling mistakes

[HALIBUNNY]

Hi Gran

 

So. If you previously stated that you believed a CCA should have signatures from both parties on and they have failed to comment on this, could it be worth for the record airing your serious and grave concerns about this to them and ask them again to clarify the matter?!!! Perhaps ask them where it says and in what legislation that a signature has to be provided by one party and not the other?!!! Send it recorded so that at some future date if they fail to reply you have their answer (silence) for the record.... And perhaps let them know that if they can't tell you, you will take their advice and report your correspondence to those they have advised you to go to and see what they have to say!!!

[TheChancellor]

Update, received letter from Senior Customer Relations Manager.

 

... that's the 18 year old (with less spots) on the next desk lol.Sounds like you are getting under their skin to me.Keep writing.

[greendykes]

Thanks for the replies and support. I am off to write the letter. watch this space.

[angel_1]

hello greendykes

 

how are you hope you are okay,,,how you doing on this had any responce as im now in battle with them

 

are you able to give us an update pls

 

hope its good news for you ciao maz

[millymollymoo]

hi subbing as the same as yours but no signature boxes on mine at all just card conditions of use.

 

Milly X

[Locutus80]

subbing