SkyCard C/C - enforceability of agreement

[debtkills]

Hi,

 

I have a credit card with Skycard and wanted some advice on the enforceability of the credit agreement based on the CCA 74.

 

I wrote to SC in November 08 requesting my credit agreement and they have sent me a standard printed sky card conditions which says credit regulated by the cca 1974.

 

It has my address and their address on it.

 

This 2 page printed document does not have my signature or any kind of date on it.

 

In addition they have sent me a one page very poor looking sheet which has my details on it. It looks almost like a print off the fields that will have been completed in the online application. It begins with 'Record 336' and then goes onto my name and personal details. It has one field which is called Esignature and this has a Y next to it. The sheet has no reference to Sky Card or any company for that matter, it is as plain and simple a document you are likely to find. Although it has been stamped SKYCARD - SUBJECT TO APPROVAL. The date the application form was submitted was 1/31/2006.

 

 

My concern with this apparent agreement is that these two documents do not appear to be linked. They are clearly seperate documents and the online application form is just a set of words with no reference to SKycard. The agreement itself has no electronice signature.

 

 

 

The story continues....

 

 

As I was not sure as to the enforceability of this agreement I passed this onto a law firm that apparently deals with enforceability of credit agreements. They again wrote to SC who sent them the same documents. They once again wrote to SC stating that the documents provided were not satisfactory as in the credit agreement did not have my signature.

 

 

SC responsed to this with a personal letter stating that as it was an online application, I must have agreed to the agreement or the card would not have been issued.

 

 

This explanation from SC has been accepted by the law firm representing me who have told me that the agreement is enforceable based on this letter alone. This doesnt sound right. Surely every cc company could say that an agreement must have been agreed to, as its just common sense for them to say that. However isnt the point of the CCA that certain procedure and criteria have to be formally done. Including an electronic signature actually on the agreement.

 

 

Agreements sent to me including the latest skycard response:

 

http://photobucket.com/SkycardCCA

 

 

 

 

The link above has all the documents I am referring to. I would appreciate your advice if anyone knows anything regarding this enforceability and what I should do next.

 

 

 

Thanks,

 

 

 

DK

[42man]

I'm afraid it is correct....agreements taken out online after December 2004 only need to provide a tick box to show you have agreed to them - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/152384-help-dca-chasing-me.html#post1618550 - Did you ever receive a default notice ? Has the debt been sold ? Did the firm of solicitors charge you for this ?

[debtkills]

I completely understand that a tick box shall suffice, but my concern is there is no tick or tick box on the t&C's...only a Y on that seperate sheet...which is clearly a seperate document.