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Is this from a creditor's point of view? I would imagine they would be fine although i'll do a bit of investigating for you. In the worst case I would imagine that the agreement would still be enforceable with the leave of the court (Providing the other aspects of the agreement are all OK)

 

This is not a definitive answer; I'll report back in a while.

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thanks for getting back to me Sequenci:p I posted another thread..am i being fobbed off?....i`ve tried for the past two days to get the info uploaded but have now given up!! the application form contains....principal cardholder details,employment details,financial details,cardholder payment protection,card protection,additional cardholder,tesco credit balance transfer,data protection act,your declaration...which says,i apply for a tesco credit card and pin to be issued to me.i accept and agree to be bound by the general conditions applying to the card as set out serperately,and the details about the card as set out overleaf and as may be amended from time to time etc,your right to cancel and signature box....however at the top of the form where it says apply for your tesco credit card today,credit agreement regulated by the CCA 1974.Issued by TPF ltd.there is a box with 3.9% APR but it does`nt state whether it is fixed or variable-should`nt it state what form the apr is? As the terms and conditions were seperate,how do i/they prove that they were the ones that i agreed to at the time,and the ones that they sent me are as they have quoted the current ones....i thought everything had to be original as at the time of signing?Thanks for listening!! if you`re ever in norfolk i`ll see you right for a pint!!:razz:

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I'm not a moderator, so can I answer, LOL?

 

Goodman -v- J Eban Limited. That decision established that:

 

  • mechanical signatures using rubber stamps, printing or typewriting were valid in english law;

  • a signature can be by a mark rather than a name as long as evidence can be given to identify the placer of the mark and the intention to sign; and

  • words other than a name can amount to a signature if the necessary intention to sign can be proven.

The decision in Goodman -v- J Eban Ltd was subsequently confirmed by the more recent decision in Re a Debtor (No 2021 of 1995).

 

However, if the stamp says something like "recieved by" etc, rather than stating an intention to be bound, it might not constitute a signature.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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hello Sequenci,i tried the photobucket website this morning and still managed to muck that up,i`m a right moron at computers,have`nt got a clue how to copy and paste and all that melarky,any help will be gladly accepted,i clicked on copy on photobucket but have`nt got a clue where it was copied to!!

hello Tomtern,i wish i could get this fr***ing thing up,the stamp is a rectangle with the words...on behalf of TPF 02 feb 2001 then the signature david mccreadie,thanks so much for your help,both of you xx

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Are any of these agreements actually signed by you? Is the only thing signed by you the first page? And what was the date you signed?

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i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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What interest rate have you been paying?

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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on my last statement it says....purchases monthly interest 1.313% and for cash monthly interest 1.873% so i guess i have an apr of 15.756 for purchases and 22.476% for cash xx why are you asking me old fruit?

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Cos the only document that appears to have your signature on has an APR of 3.9%, no credit limit, and I was wondering whether you would get back more money via this route, compared to the unexecuted agreement route.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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you`re gonna think of me as a cheeky cow,but how do i word my letter to TPF,i know it depends on what way i go.so do you think it`s an application form? should i have signed some terms and conditions,just out of curiousity,and if i go the other route,i`m as thick as two short planks when it comes to percentages,I`ll havta send for all my statements won`t i ? ooopps i`m waffling cos i`m nervous,sorry xx

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I would wait a while, until sequenci posts again.

 

In particular, though, If I were you I would ask him to look at the terms & conditions they sent to you (no 003 ) , since the APR is clearly different than what the application form states, suggesting that this was a precontractual document that does not embody the terms of the agreement.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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hi folks, i can't view these pages at work (only work related sites are allowed) so i'll take a look when i get home. hopefully in the mean time someone else will kindly take a look for you!

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I am no expert but isnt the first page an application.

Clearly at the top of the document it says "apply for your Tesco credit card today" and the declaration you have signed at the bottom starts "I apply for a Tesco credit card and PIN to be issued to me"

 

I would say that this isnt an executed agreement because who is to say that it was accepted. We know it was but can it be proven by the DCAs etc that it was subsequently approved and issued.

 

The last line of the declaration where you authorise them to make any enquiries necessary to confirm the information provided and assess you for credit would confirm my feelings about this.

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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so,do i write to them and thank them for sending my application form? can i quote any bits that specifically make it an application and if i can what are they?Just so it sounds like i know what i`m on about!!Thanks again xx

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Perhaps someone more knowledgeable may have differing opinions but mine would be to wait and see at this stage.

If they wish to take court action then the link posted earlier shows that an application for credit is not an executed agreement therefore you have a defence.

I know others have pointed out to DCAs what has been sent and then entered into a dialogue with them over its acceptability.

You could always PM Rory or Sequenci for an answer if they dont pop along shortly.

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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thanks for that Belaflat,i have to renew my payment plan with them next month as they are accepting a lower payment it would be nice to know if the ball was in my court so they could accept a payment under my terms,also if they had any right to issue the default,i was a mess when we finally took hold of the reigns but thanks to this site i`m gaining more knowledge and confidence,basically i don`t cry everyday and dread the postman coming!!Because am i right in thinking that they have to remove the default if the agreement is unenforceable or is it tough s**t? I know i had so many days to do someting about the default but i did`nt know what the hell I was doing!! thanks for helping xx

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Dont renew the payment plan as they are in default by not providing an executed agreement. They cannot take action or enforce a debt while it is in dispute.

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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