Another Cca Plea For Help!!

[obilisk]

Further to my previous CCA post, I have a copy of another agreement from a different credit card provider which I would appreciate some advice on.

When it arrived, I presumed it was enforcible because it has my signature on it, but now I`m not so sure.

It is a copy of the application form which has not been signed by THEM.

There is a space which says "For Nat West use only" and they have written 1J579 in the space. Under this it says "seller unit MIAC" in small letters, but that is it. Their signature occurs nowhere,

The application form says "Moisten along gummed edge" at top and bottom, but the accompanying terms and conditions don`t look as if they would have fitted onto the back of it. There are two full sheets, and at the top is a box in which it says "This is a copy of your agreement for you to keep", which possibly sounds like it`s not part of the application form?

Any help and thoughts much appreciated. Sorry I can`t scan an image up.

[cerberusalert]

Unless it has the prescribed terms within the four corners of an agreement it would be unenforceable. These include; credit limit, repayment terms, %APR etc. Their signature being missing doesn't really matter.

 

What you have to consider in your case, if the prescribed terms are missing from the front are they on the back? With it being the 'fold gum & return' type of application one third of the area on the reverse will be missing because it would have had the return address & prepaid postage printed there. So, that leaves the remaining two thirds. Could the T&Cs they so kindly provided have been printed on the remaining space? No! So obviously what they have sent bears no relationship to the document, so it is unenforceable.

[obilisk]

Thankyou once again Cerberus, that`s good of you

[obilisk]

Mind you, won`t they simply photocopy another correctly sized "Moisten and Seal" terms and conditions and send that, even if it`s not from my particular agreement?

How come they didn`t do that in the first place

[obilisk]

I`ve written to them and said untill such time as they can send me the correct terms & conditions from my signed application, it will remain unenforcible.

Although, like I said previously, won`t they just send me a copy of any old "moisten and stick" T & C, and say that it`s from my agreement?

[cerberusalert]

The point is, a lot of the original applications weren't legally enforceable as agreements....they neglected to include the 'prescribed terms' in the first place & when this is noticed they attempt to cover the fact by including T&Cs which have no relationship to the original application in the hope that people assume that they are part of it.

[obilisk]

OK, I see. Thanks Cerberus