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if opened account online, where do i stand.?


mollymae
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if i opened several catalogue accounts on line, does it mean that its not enforceable, i,ve sent several cca requests for different catalogue accounts that were opened online, have i wasted my time and money if their not in the wrong.

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If the account was opened prior to april 2007 then if the CCA is missing the prescribed terms it cannot be enforced in court.

 

If the account was taken out online then they just need to show that they displayed the terms to you online and that you digitally signed the virtual document.

 

If the online account was taken out prior to december 2004 then alongside the digital signing they would have to have a paper copy of the cca also.

 

if you s78 for details of an online agreement then they should ideally send you both screenshots of the terms and conditions displayed to you at the time of taking the account out but also the little tickbox which counts as your digital signature.

 

If they dont send this then you are within your rights afaik to state the account is in dispute just as if they hadnt supplied a copy of a paper cca.

 

S.

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sorry i,m confused, i sent a cca request which states that i request a true signed copy of the cca, was this the wrong one to send. all that has been sent to me is a credit agreement which they have signed i have not, which they have written in my address, on the back is the terms and conditions one side says please send this agreement back to us and other side says this is your copy. but there is no little tick box anywhere.

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Hi Molly,

 

This isnt unusual for a catalog firm, theyll write in your personal details in the name and address part and sign it themselves, in an attached letter they'll state "they are allowed to remove the signature but be in no doubt the debt exists and as you have had the goods you should keep up repayments" or words to a similar effect.

 

Under CCA2006 the rules on what constitutes an agreement were changed, whereas under CCA1974 if the prescribed terms werent on a signed document it was unenforceable this was removed in april 2007.

 

Have you ever signed an application/agreement at all?

 

S.

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hi no i,ve never signed anything, i have about 12 catalogues ( i know not good is it) but i did them all online and never signed anything.

 

Dont forget signing online counts so putting a tick in a box post dec 2004 is sufficient.

 

S.

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right yes this is what i wanted to know i cant remember if i ticked box on line i guess i would have to to open the account, so am i wasting my time and money sending out all these cca requests and dispute letters if i,ve not got a leg to stand on. xx

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I once had a littlewoods catalogue, didnt pay it and it got passed to BCA, i CCA'd them and they came back saying they couldnt find the agreement, now i have never heard from them again.

 

I would still do it

Train hard...Fight easy

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