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Debtcontrol

When does an App Form become a Credit Agreement & properly executed?

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Hello,

 

I have been doing some research and digging around on this fine forum and the same point keeps rearing its head:

Application Forms, Credit Agreements and execution of said agreement.

 

Now, I'm no legal brain, but feel it would be good if we could have a discussion on this point, it may help some that perhaps would not look in lots of threads to see good advice on the subject posted on any particular individual thread.

 

I will get the ball rolling.....

I have an App Form from MSDW that states its a credit agreement yet has no prescribed terms. My main focus on this at the minute is that there is no signature on this form from the OC apart from a date stamp & a big 'A', I'm assuming thats for approved - if this was indeed a valid credit agreement does this stamp & 'A' make it executed?

(I'm defending my case saying its an App Form, not Credit Agreement, but lets say the Judge rules it is a Credit Agreement, I then want a back-up, hence the execution part, prescribed terms etc)

 

I've found the relevant part of the CCA on signatures here:

6 Signing of agreement

(1) The terms specified in Column 2 of Schedule 6 to these Regulations in relation to the type of regulated agreement

referred to in Column 1 (and no other terms) are hereby prescribed for the purposes of section 61(1)(a) of the Act (the

terms which must be contained in a document if a regulated agreement is not to be improperly executed) and of section

127(3) (the terms which must be contained in a document before any enforcement order can be made under section 65(1),

if section 61(1)(a) was not complied with).

.

[(2) The lettering of the terms of the agreement included in the document referred to in section 61(1)(a) of the Act,

containing all the prescribed terms of the regulated agreement, and of the information contained in that document for the

purpose of conforming to these Regulations shall--

(a) apart from any signature, be easily legible and, where applicable, be of a colour which is readily distinguishable

Page 7 of 50

from the background medium upon which the information is displayed; and

(b) apart from that inserted in handwriting, be of equal prominence, except that headings, trade names and names of

parties to the agreement may be afforded more prominence whether by capital letters, underlining, larger or bold print

or otherwise.]

(3) The signature of the said document shall be made in the following manner--

(a) by the debtor or hirer, or by or on behalf of the debtor or hirer in the case of a partnership or an unincorporated

body of persons, in the space in the document indicated for the purpose, and, subject to sub-paragraph © below, the

date of the signature shall be inserted in the space in the document indicated for the purpose;

(b) by the creditor or owner, or by a person on his behalf, outside any signature box in which the debtor or hirer may

sign and, subject to sub-paragraph © below, the date of the signature shall be inserted outside any such signature box;

© in the case of a regulated agreement which is not a cancellable agreement, the date on which the unexecuted

agreement becomes an executed agreement may be inserted in the document and in such a case any other date specified

in paragraphs (a) and (b) above need not be inserted; and

(d) nothing in this Regulation shall prohibit the inclusion in the said document, near to any such signature, of the

signature by any witness outside any signature box in which the debtor or hirer may sign.

(4) In Scotland any provision in paragraph (3) above requiring the said document to be signed shall be complied with

by a body corporate if the document is properly executed in accordance with the law of Scotland.

[(5) Where an agreement is intended to be concluded by the use of an electronic communication nothing in this

Regulation shall prohibit the inclusion in the signature box of information about the process or means of providing,

communicating or verifying the signature to be made by the debtor or hirer.]

NOTES

Amendment

Para (2): words "background medium upon which the information is displayed" in square brackets substituted by SI

2004/3236, art 4(1), (2)(a).

Date in force: 31 December 2004: see SI 2004/3236, art 1(1).

Para (2): substituted by SI 2004/1482, regs 2, 8.

Date in force: 31 May 2005: see SI 2004/1482, reg 1; for transitional provisions see reg 18 thereof.

Para (5): inserted by SI 2004/3236, art 4(1), (2)(b).

Date in force: 31 December 2004: see SI 2004/3236, art 1(1).

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Agreements) Regulations 1983 (SI

1983/1553)/7 Modifying agreements which are, or are treated as, regulated agreements

 

My application form from MSDW is here:

MSDW CABOT CCA APP Form.pdf

 

What do we think makes an App Form a Credit Agreement then indeed properly executed?

Edited by Debtcontrol
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there is a massive thread already

some thing like is this an application form or an agreement

 

have a look

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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there is a massive thread already

some thing like is this an application form or an agreement

 

have a look

 

dx

 

Thanks DX, I did search for a good 15 minutes this morning, will have another look.

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