Tick no signature on Egg loan taken out 2005

[stretford99]

I requested and then recieved a copy of my Egg loan agreement, which they have sent back. But there is no signature at all on the agreement, just a check box which says "please tick here as proof of signature"......surely anyone could have entered a tick in here, would this agreement be enforceable?

 

Sorry I did search teh forum and there seem to be alot of people asking the same q but havnt found a definative answer yet? So does is the tick enforceable? thanks in advance

[maroondevo52]

Hello and Welcome, stretford99.

 

I take it was not an on-line application.

 

Regards.

 

Scott.

[rory32]

Electronic signatures (a tick in a box) are enforceable as of 31st December 2004. The loan agreement would also need to contain the necessary prescribed terms to be enforceable.

[stretford99]

Hello and Welcome, stretford99.

 

I take it was not an on-line application.

 

Regards.

 

Scott.

 

Thankyou for the welcome!

 

Correct the loan was done over the phone as they wanted the credit card balance consolidated into a loan so they cancelled my card and turned the outstanding balance into a loan.

 

Just had look and it was taken out on the 6th December 2005.

 

They have sent the agreement and seems to have info about the terms, but of course not too sure what im looking for to be honest!

 

Thanks for both the replies, so would u say i dont have a leg to stand on? What i dont understand is surely anyone can put a tick in a box?

[maroondevo52]

Could you scan the document up here, with personal details removed, so people could have a look and give advice.

 

Regards.

 

Scott.

[stretford99]

Could you scan the document up here, with personal details removed, so people could have a look and give advice.

 

Regards.

 

Scott.

 

Yes of course that makes sense, ill get to work! Thankyou for your help!

[rory32]

the loan was done over the phone

In which case it would be difficult to use an electronic signature as you can't electronically sign anything over the phone. Were you sent out a copy of the agreement to sign or were you e-mailed a copy?

 

The relevant statute covering electronic signatures is Section 7 of the Electronic Communications Act 2000 which states:

 

Electronic signatures and related certificates

(1) In any legal proceedings—

(a) an electronic signature incorporated into or logically associated with a particular electronic communication or particular electronic data, and

(b) the certification by any person of such a signature,

shall each be admissible in evidence in relation to any question as to the authenticity of the communication or data or as to the integrity of the communication or data.

(2) For the purposes of this section an electronic signature is so much of anything in electronic form as—

(a) is incorporated into or otherwise logically associated with any electronic communication or electronic data; and

(b) purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both.

(3) For the purposes of this section an electronic signature incorporated into or associated with a particular electronic communication or particular electronic data is certified by any person if that person (whether before or after the making of the communication) has made a statement confirming that—

(a) the signature,

(b) a means of producing, communicating or verifying the signature, or

© a procedure applied to the signature,

is (either alone or in combination with other factors) a valid means of establishing the authenticity of the communication or data, the integrity of the communication or data, or both.