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Izzy40

CCA attached from online application

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Hi, I applied for a CCA from Amex re an online application I made in Jan 2007. There seems to be different opinions regarding online applications in that they are automatically enforceable but others seem to mention that there are still guidelines that must be followed.

 

Can someone please take a look at what I have received and advise where possible:

 

 

http://i49.tinypic.com/23uuls.jpg[/img]

 

Thanks.

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Hi, I wonder if anyone can help any further with this please. Obviously the image above is what I received from Amex and I continued to pay them a pro rata pymnt each month and am still doing that. They refused to accept pymnt and I started to receive letters from AIC who also never accepted my payment, although I never heard too much more from them.

 

I have now received a letter from Newman asking for contact. The following day I received another letter from them saying that as I had refused to contact them (overnight!) they are prepared to allow me to clear the debt over the next 3 months (impossible!). I have now received a letter all in the same week saying that a search of the land registry shows that I am a home owner and perhaps I would like to release some equity to clear the debt. House is neg equity so no chance.

 

What is my next move here as I have not contacted them at all yet? Need to know really if this would be an enforceable agreement and should I stop pymnt to OC and negotiate with DCA if they have sold on ? Thanks.

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Hi Izzy, I was sent a similar sheet from my skycard account, I sent off an account in dispute letter, the debt was then passed to a dca, I informed the dca that the account was in dispute, they sent me a letter stating they would send it back to sky and I have heard nothing from anyone for over a year. Someone with more knowledge maybe able to shed some light on it but this route has worked for me so far ;) BTW mine was an online app in 2007 aswell :) Rainbow x

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That sounds promising, I will see if anyone else can add anything. Thanks again.

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Hi, just wondering if anyone else thinks this is an enforceable agreement (online) ...... seems like application form to me??

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I don't think so based upon what can be seen here, the Consumer Credit Act 1974 (Electronic Communications) Order 2004 dictates that an electronic signature is required in place of a normal one - this can be just a tick in the box. what would be required is a screenprint of your application with clear link to the terms and conditions: the document scanned here is just a back-office data management form.

 

where is page 2 of 2?


To err is human: to completely mess up is my peculiar gift.

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Hi, thanks for your reply. Page 2 was just another line of personal info so I didn't bother attaching. No sig box or terms and conditions etc....

 

Again, thanks.

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ok, this certainly isn't a CCA, let alone an enforceable one! At best, it's an internal data capture form used in the application process, it does not prove you understood the terms or conditions, nor specifies any of the preescribed terms (credit limit, apr, interest rate) that makes a document an enforceable CCA. it also doesn't even say it's an agreement.

 

in short, there is (IMO) ZERO chance that this doecument alone could be used in court to enforce a debt.

 

BUT just because they can't (won't??) provide it now (regardless of your lawful CCA request) doesn't mean that the creditor won't 'magically' find an enforecebale CCA after court proceedings commence by one or other party. Until then, and pending the judge's decision should it come to court, you can't be made to pay.


To err is human: to completely mess up is my peculiar gift.

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Ok, You need to read this very long thread I'm afraid as it'll detail exactly what Amex are like and you'll also see an application very similar to yours.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/137617-zhanzhibar-amex-aic-newman.html

 

 

S.


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