NatWest "Application Form" - Valid as CCA?

[1mansquest]

Hi all,

 

I'm currently challenging NatWest re a CCA and they have returned a copy of the original 'Application Form' entitled "NatWest Combined Card Account and Gold Account Application Form". Does this comply with my request for a true copy of the "signed, executed credit agreement"?

 

I've attached a scan of the document which is almost illegible, but that's how I received it! I'd welcome any opinion.

 

http://i686.photobucket.com/albums/vv224/1mansquest/NatWest/NatwestApplication.gif

[silverfox1961]

Hi,

The only opinion I can give is that it's unreadable. I can't see anything on it re: APR, repayment terms although they may be there.

Natwest have an obligation to supply you with a legible copy, simple as that.

 

fox

[1mansquest]

Fox, thanks for the reply. I have sent Natwest a letter informing them of their responsibilities under CCA 77(1), 78(6) and section 127(3). They must provide me with a legible copy of the agreement, not just an illegible application form.

[darkhorse53]

I've just been reading in link-General Debt Issues-Consumer Credit Agreements-copies of agreements -and it states that credit card companies often just send the application form or terms and conditions and this complies with 1983 regs. Also that enforcabality is another issue. I was hoping that I could get Marks and Spencer and Barclaycard on the non-production of agreements , Marks and spencer sent copy of application form with no terms on but refered to separate terms and conditions leaflet and barclaycard just sent me T&C Sheet and refered me to their website. I've done the 12 days then 30 days thing, telling them they can't ask for payment or tell credit reference agencies. Now I'm wondering if I've done the right thing?????

I'd appreciate some feedback from anyone who has tried this-please!

[1mansquest]

They are not required to send copies of the original agreement, it's O.K for them to send you the terms and conditions and most do. The main point however is that if it comes to court, the original signed, executed credit agreement with all the prescribed terms MUST be presented to the court; without this it's unenforceable.

 

The fact they didn't send it to you doesn't mean they don't have it. Neither does it mean they do.

 

So the question is, are they bluffing and are you willing to go to court to find out? Most deem it financially worth their while to push all the way to court, as they have a tendency to withdraw before then.

 

If I were you, I'd send them a 'failed to respond' letter advising they didn't provide the appropriate documents, quoting the relevant acts. There are plenty of example templates on this forum.

 

Hope this helps.

[cas93]

sar them they will have to supply a copy

 

cas93

[Jay Hell]

Hi,

 

Just wondering, did the OP have any luck with this one?