Credit AGREEMENT -or- APPLICATION? RBS Advantage Card

[joneshousehold]

Laiste - to be honest it was a copy of the latest T&C's hence the reason why it looks like they have covered all bases. If I find an older one I will have a look at what that said. Not surprisingly none of my creditors have sent me a copy of the original T&C's yet!

[joneshousehold]

My understanding was that the second copy should be sent to you after it is signed by the creditor and your 5 days runs from the date you receive the second copy.

 

If the creditor didn't send out the 2nd copy as in your example, the agreement is fatally flawed and so is unenforceable. I always ask for evidence of when the copies were sent out for that reason.

[joneshousehold]

Wow Zim, I understood the earlier post but not sure if I understand this one! Have you had a look at the OFT guidelines on cancellable agreements. That's where I got my comments from. Link here in case you haven't seen it

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft018.pdf

 

Page 24. Now I look at it again they have 7 days to send a copy except where executed on customer signing (then a separate notice of cancellation must be sent within 7 days)

 

If the document you describe is photocopied and sent, wouldn't that suffice as a second copy?

 

PS thanks for the click. Hope I haven't undone anything with this posting!

[joneshousehold]

I meant a photocopy as a second copy to be sent at the time the agreement starts and it should be sent within 7 days of the creditor signing it.

 

I have said to a few of my creditors that I shall require evidence of the issue of the 2nd copy or the cancellation notice. If that's what you mean then I agree with you and I think you are on the right lines. Ask for the evidence of issue, after all they will need to prove to the courts they have done so if they try to enforce the alleged 'agreement' won't they?

 

I have my two glasses of wine head on too, so perhaps we need to look at this again tomorrow (assuming the kids allow me to use my computer!)

[joneshousehold]

Dirtyharry - you have not quite interpreted the law right. The creditor should send the 2nd copy or cancellation form within 7 days (of signing I think). The debtor has 5 days FROM RECEIPT to cancel. I appreciate proving the date of receipt may be difficult if it is received more than the usual 2 days after posting allowed for by the courts but even so there is a very short time span when an agreement can be cancelled.

[joneshousehold]

Way to go Zimmie, this sounds promising. Ratchet up the pressure by asking a few pointed questions like 'when exactly did you send my second copy/cancellation notice' and please provide proof'

[joneshousehold]

You have left your personal details in the application pdf. It's a good idea to balank those out (don't know how to do it, sorry!)

 

If the copy is illegible then you cannot conclude the original was legible so Section 61 failing first of all. Secondly an application form is not an agreement. Peterbard has produced some excellent info on this and it is all in this thread. It will take a lot of finding as the thread is so long but it is probably the only way to find out what you need to know. There is a 'search this thread' button towards the top of the forum page (just below the page count) which allows you to search. Look for posts by Peterbard. Peter is very knowledgeable but his typing isn't his best skill so you have to stick with it when reading his posts.

 

When you have got to grips with it try opening a new thread for your own case and if no one spots it and answers any questions, post a link to it here.

 

Good luck