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Hi, Some advice required please. I wrote to these clowns almost 1 year ago requesting a true signed copy of the original agreement I had with MNBA. I have yet to receive it. HL Legal informed me that legal action was iniment, so I wrote & told them of the lack of the signed agreement, thus making the debt unenforceable. I received a letter from Experto, claiming that the original agreement was a tick box made online, rather than a signature, making the debt enforceable. Is this correct ? Many Thanks in advance

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Hi,

 

Regarding the 'Tick in the Box' companies claim that they keep a record of the IP address and that can be traced back to the debtor.

So the 'Tick in the Box' would suffice for a signature.

If you change your ISP or even your modem/router, you get a new IP address - so, so much for that.

 

So how can a creditor prove that I am an online debtor? they can't, but I think thats another story.

 

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

 

There's a thread here on the subject.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?137617-zhanzhibar-vs-Amex-AIC-Newman-Brachers-Solicitors

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

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  • 6 months later...
Hi,

 

Regarding the 'Tick in the Box' companies claim that they keep a record of the IP address and that can be traced back to the debtor.

So the 'Tick in the Box' would suffice for a signature.

If you change your ISP or even your modem/router, you get a new IP address - so, so much for that.

 

So how can a creditor prove that I am an online debtor? they can't, but I think thats another story.

 

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

 

There's a thread here on the subject.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?137617-zhanzhibar-vs-Amex-AIC-Newman-Brachers-Solicitors

 

Regards.

 

Scott.

 

Earlier!!!

 

s.7of the Electronic Communications Act 2000 C.7 was implemented as result of Directive/1999/93/EC Articles 5.1 (a) and (b) and Article 5.2..'Legal Effects of Electronic Signatures'...also see Electronic Signatures Regulations 2002/318

 

However....it is very difficult for the creditor to PROVE the the signature was YOURS as opposed to it being A signature

 

There was always the choice to use paper documents or online transactions...Use of online had increased rapidly between 2001 and 2004 and therefore a means of introducing confidence in electronic sigs needed to be installed...hence 2004/3236 to provide 'objective criteria' as to consenting to concluding an agreement online..as per s176A 1(a) and (b) and © and also amendment of Agreement Regs 1983..so that 2004/3236 shall not prescribe 'how' a signature was to be represented but that there ought to be information in sig box as to it's 'mark' and 'how' it was to be conveyed to the recipient or creditor.

Edited by means2anend
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  • 1 month later...

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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