Credit AGREEMENT -or- APPLICATION? RBS Advantage Card

[Mike220359]

I can't quite make out the small print in the bottom right hand corner, does it contain the APR or refer to a point in the T & Cs? If so then it would probably be an executed agreement. However, if the referred point is a small chart listing a number of different rates, depending upon your credit score this does not comply with what is required.

 

I cannot see a credit limit or a reference to it, provided there is a reference to it in the T & Cs this may be acceptable. Remeber when it comes to the Credit Limit, they don't have to give and exact figure, they can just insert a statement along the lines of 'you will be notified of your credit limit'. I know that this is rather paradoxical when you consider how the APR has to be an exect figure.

 

I know one or two have said that it is just an application form, but the format of these are covered by the Consumer Credit (Agreements) Regulations 1983

 

Mike

[Mike220359]

My RBS CC application/agreement is identical to this, RBS didnt sign it as such they just rubber stamped it.

The only interesting point i noticed about my own agreement is that i forgot to date it when i made the application. Whether this means i have the right to claim loads of money back i doubt it personally.

On the reverse of my application/agreement there is a full page of terms and conditions to abide by.

 

I honestly cannot see how there is much wrong with this type of agreement, at the end of the day whether its a rubber stamp or a pretty little box to sign in, people are trying to split hairs here.

Me personally i think your totally wasting your time, a judge will clearly see that this type of agreement is perfectly lawful.

 

It may be splitting hairs, but the law is straight down the line, no variation at all.

 

You say that the RBS merely rubber stamped your application, by inference there is no signature. Well I'm afraid that does not conform to what is required under the act. Both the 1974 act and the 1983 statutory instruments state that to be truly executed it must be signed by both parts, the only variation of the use of a signature is the company seal.

 

I know that we can all discuss what a signature is, well it is pretty succicnt under law, however, by extension the stamp may be a facsimile of a signature, but if it (in this case) merely says 'RBS' and the date thats not good enough.

 

Mike

[Mike220359]

Sorry Term and Zubo it is indeed signed by RBS, just below the RBS Advanta stamp there is a signature partially obscurring the small print, that really is enough, the 1983 regs, do not stae where the signature should be but that it should be outside the customer's signature box.

[Mike220359]

hi dave,

 

many thanks for your reply i am desperate with this one so am looking at every detail which could make this unenforceable.

 

the only things i can find that are a bit wrong would b i think their sig should be on the actual page of the agreement along with mine in seperate boxes i note their stamp and sig is on the 1st page if this is the 1st page of the agreement above the heading which states summary of your application all the usual little boxes sign this only if you want to stuff is on applications for visa cards if this isnt the case i have 5 different ones all trying it on with these lovely looking text boxes only they went a bit further and put APPLICATION FORM in bold text at the top of page.

 

page 2 of key financial information mentions a section 2.j which dosent seem to exist ?

 

have a couple of visa agreements and none look like this by a long chalk. one they have supplied could be a copy and paste job knocked up version although obviously i cant prove this.I also thought the usual terms and conditions that bind you to the agreement should be the ones supplied at the time of signing they have sent some dated 2007

 

any advice or help most appreciated

 

regards to all .

 

out of cash

 

This is a odd one, I have never seen such an application form, all the prescribed terms are there but where is there signature and spaces for your info, seems like a pre-contractual agrrment to me

 

Mike

[Mike220359]

Calm it down you to, everyone knows what it's like to be at the bottom of the heap getiing told all kinds of crap by the creditors who may lie (no really), you want lots and lots of reassurance. First lesson of counselling Ian dont get annoyed with the client

 

Mike

[Mike220359]

Where ignorance is bliss tis folly to be wise