Regulated Agreement or an App Form

[Moral Dilemma]

I have been supplied with the attached in response to my CCA request.

 

Having written back to the OC pointing out that the document supplied does not contain the prescribed terms and is not signed by me it is just an application form.

 

OC have now replied stating that when they signed the application form combined with the T&C's of the agreement it became the executed agreement.

 

OC have not supplied the T&Cs applicable at the time the account was opened but have supplied the current T&Cs.

 

Don't know if the app form is clear enough but have checked it over and nowhere can I find any reference to the Consumer Credit Act 1974 (account opened before 2006 Act came into force).

Only mention of an agreement is where it says “agreement overleaf should be read and signed before completing this form”. Whatever was overleaf has not been supplied.

 

My understanding, and hopefully someone can confirm this or correct me if wrong, is that it should make the person applying for the card aware that the application is being made in respect of a Credit Card (or Credit) Agreement regulated by the Consumer Credit Act 1974.

 

If it does not state this then it is not viewed as the agreement and even if signed by creditor would not become the executed agreement.

 

From what I can remember reverse had signatures boxes and cancellation rights - other than that I don't recall any T&Cs or prescribed terms – but in those days I did not know much about prescribed terms anyway – but thanks to CAG I do now!!

 

Any advice would be appreciated.

 

MD

Edited August 12, 2009 by Moral Dilemma
Image Removed

[GamekeeperToPoacher]

Hi MD,

I am posting this to bump but also believe that your best bet might be to post the agreement using Photobucket then we can look and see.

 

Where is the case apart from that - have you been threatened with court - if so it might be worth using CPR route

 

GK

[Moral Dilemma]

Hi, Gamekeeper

 

I removed image, although I had removed all personal date, bar codes etc, I got a little concerned after posting it as then read a number of threads which indicated this Creditor and their sol's regulars on this site.

 

Have had threats of court action as part of formal demand from OC's sol's but no letter before action yet. ALso threats from DCA acting on OC's behalf even though OC had not yet replied to my CCA request.

 

MD

[GamekeeperToPoacher]

Hi MD,

 

Whatever you do make sure that you keep any envelopes that stuff is sent in.

 

GK

[Moral Dilemma]

Here's the app form. OC claims as this was signed by them it is executed agreement.

 

What does anyone think?

 

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[nicklea]

Have you blanked out the details on this or did they just send you a blank form?

 

How did you request the CCA, was it under a s77/s78 request or a sar?

 

If the form had your writing on it and you have blanked it out then what they have sent you is not enforceable at all as, as well as all of the prescribed terms, it is missing your signature and without that they don't have a leg to stand on.

[Moral Dilemma]

Hi, Nicklea

 

I have blanked out all details.

 

Requested under s78 as a Credit Card.

 

My signature could not have been on it - no signature boxes at all.

 

OC have stated that when they signed the application form combined with the T&C's of the agreement it became the executed agreement - T&C's they supplied are current ones not those at time account opened.

 

OC's signature was a stamp (which can't be read) and initials (which I have removed to prevent them from identifying).

[nicklea]

Just why I asked about the s78 request is that they don't actually have to send you anything with your signature on it in order to comply with a s78 request.

 

But, if what they sent you is all that they have and there is nothing with your signature on then they are stuffed.

 

Sending lots of letters to them probably won't achieve very much.

 

What I suggest you do now depends on your current circumstances.

 

If you've got a reasonably good credit ratings (ie no defaults and you're paying all your debts on time) then I would suggest carrying on paying the minimum payment on this debt for the time being just to avoid getting defaulted. What you would need then do is to go to court to get a declaration that the agreement is unenforceable and then you can stop paying them and your credit rating stays good.

 

 

If you have already defualted on this (or you hve several other defaults) then one more isn't going to hurt you as the damage has already been done.

 

In this case I would suggest that you stop paying them straight away and either take them to court or wait until they take you to court.

Edited August 15, 2009 by nicklea
typo

[Moral Dilemma]

Thanks, Nicklea

 

Defaulted about 12 months ago, not made payments since then, before defaulted offered token payments which they accepted but then kept asking for more which I could'nt afford. They defaulted, I requested CCA and tis is what was supplied.

 

I was after some guidance on the application forms that have T&C's and prescribed terms on the back which they claim when signed by you and them become the regulated agreement.

 

As I said in original post the app form makes not mention of CCA so (if my understanding is correct) the app form does not form part of the agreement.