DLC/MBNA response to CPUTR letter.

[ifu95702]

Hi everyone,

 

Got an unusual letter from DLC and hoping somebody can help me understand it. This was in response to my CPUTR request. They are threatening court action and had previously sent me a very dodgy looking "copy" of my agreement.

 

Now they are saying there is no signed agreement as it was done online. It was a long time ago but I'm sure I must have signed something. Does this mean they don't have the original agreement and are trying to mislead me?

 

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We do not currently hold an original agreement however we have obtained a copy from the original lender which we enclose for your reference. Please note the agreement is an online agreement therefore will not contain a signature.

 

The Consumer Credit Act 1974 (Electronic Communications) Order 2004 came into effect on December 31 2004 and changed the Consumer Credit Act 1974 to facilitate the completion on regulated agreements online. Documents can now be transmitted and signed electronically.

 

The process is that after going through an online application process which includes ID and CRA checks, the customer is presented with the agreement and terms and conditions in full. The customer has to click to accept these, and the agreement and terms and conditions are transmitted in a form which allows the customer to print or save them and the customer is encouraged to do so.

 

The customer signs the agreement using an electronic signature – an “x” is typed into the signature box. By virtue of the Electronic Communications Act 2000, an electronic signature is admissible in relation to any question as to the authenticity of an electronic communication ( ie the agreement). For these purposes “authentication” is a reference to whether the agreement is intended to have legal effect. The wording in the CCA signature box clearly indicates that this is the case.

 

An electronic signature is defined by section 7(2) as “so much of anything in electronic form as-

 

a)*** is incorporated into or logically associated with any electronic communication or electronic data; and

 

b)*** purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both”*

 

Section 15(2) deals with the meaning of authentication.

 

In respect of your s78 request under the Consumer Credit Act 1974, please find enclosed a copy of your original agreement, along with current terms and conditions and those applicable at the time of inception.

*

This now completes our obligations under the Consumer Credit Act 1974 and satisfies your s78 request.

 

We believe the agreement to be fully enforceable and we will therefore continue to pursue you for repayment of the account balance.

 

*

[brokebutnotbeatn]

So, when did you open the account and did you do it on line?

[ifu95702]

From memory, yes I think it was an online application. But wouldn't they have had to send me a physical agreement to sign? This is what I'm confused about.

[ims21]

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