cca- unenforceable

[sunsential]

Hi there,

sorry as you all seem to be a lot more upto date than i am, but may i just ask if i understood this right... i have read through alot of threads but maybe noone was just as daft as i was..

 

.. cca unenforceable: Following situation. Took out a few loans with natwest. 3 of the 4 were online without actual signature (though it does say by agreeing with the ok button you accept..blabla).

Does that mean that as i requested such online and no actual sinature was given by me that is unenforceable and that i can clear myself of the debt legally or at least do final setlement?

 

any advice is much appreciated!

 

Regards and thank you very much!!!!

[maroondevo52]

Hi,

 

As The Consumer Credit Act 1974 (Electronic Communications) Order 2004 came into force in December 2004 any online agreements entered into prior to this date still need a signed executed credit agreement.

 

Electronic signatures weren't considered valid until this date.

 

The SI is here: The Consumer Credit Act 1974 (Electronic Communications) Order 2004

 

Regards.

 

Scott.

[sunsential]

thanks scott..

 

so before 2004 it would have been goodluck but as my loans were done over the natwest internet AFTER 2004 its bad luck and i cannot rely on such? would i still be able to settle for a final settlemnt without the pressure of cca unenforcable?

[maroondevo52]

Hi,

 

Yes, I think a 'tick' in the box would do after 2004, but they still need to have the prescribed terms ect.

 

I'll see if I can find anything more on this.

[sunsential]

Hi,

 

Yes, I think a 'tick' in the box would do after 2004, but they still need to have the prescribed terms ect.

 

I'll see if I can find anything more on this.

 

 

Hi there,

 

have you had any luck finding out more? have tried finding out myself but am confused.

Also, you seem upto date with things.. could you have a look at my post: debt in uk but now living in germany and see if you can assist me on such too?

help appreciated thank you a million!!

[sunsential]

Hi,

 

Yes, I think a 'tick' in the box would do after 2004, but they still need to have the prescribed terms ect.

 

I'll see if I can find anything more on this.

 

 

any lukc with finding out if the tick in the box is enough after 2004? as it is no personal signature, etc. Basically someone could get your online banking details and use such quickly to gain and spend the credit, no?

 

thánks for the help.