Tesco RBS Credit card agreement - Application?

[stroke a badger]

After inspecting the credit agreement sent by RBS which relates to my Tesco Visa Credit, I'm now confident that this is not a correctly executed document. Upon further inspection it would seem RBS have in fact sent me a copy of the application form!

 

 

I have come to the conclusion that is a Application form as it states on the top right hand corner of page 1 "Thank you for using our website to submit your application, your Tesco Personal Finance Credit card is only a signature away"

 

There are also other referencies on page 1 to this being a Aplication form.

 

I'm not sure how I want to proceed. There is the issue of ethics, however If there is the possibility that I could save myself over £100 per month allowing me to focus on other more Important financial issues then thats what I'll have to do.

 

My two options as I see it are to either send a formal complaint to FOS for non compliance and hope the remaining balance is written off, or disassociate myself with the alleged debt and run the risk of getting a default against my name.

 

If I chose to do dispute the debt on the grounds of there not being a correctly executed Credit Agreement, would I be covered under Section 13.6 of the Banking code?

[Penfold92]

After inspecting the credit agreement sent by RBS which relates to my Tesco Visa Credit, I'm now confident that this is not a correctly executed document. Upon further inspection it would seem RBS have in fact sent me a copy of the application form!

 

I have come to the conclusion that is a Application form as it states on the top right hand corner of page 1 "Thank you for using our website to submit your application, your Tesco Personal Finance Credit card is only a signature away"

 

There are also other referencies on page 1 to this being a Aplication form.

 

I'm not sure how I want to proceed. There is the issue of ethics, however If there is the possibility that I could save myself over £100 per month allowing me to focus on other more Important financial issues then thats what I'll have to do.

 

My two options as I see it are to either send a formal complaint to FOS for non compliance and hope the remaining balance is written off, or disassociate myself with the alleged debt and run the risk of getting a default against my name.

 

If I chose to do dispute the debt on the grounds of there not being a correctly executed Credit Agreement, would I be covered under Section 13.6 of the Banking code?

 

Hi,

 

I think you are in a grey area....I am a huge advocate for checking the enforceability of agreements - god knows I have won and going aftyer many others, but I would say the internet applications is a very grey area (if such a thing is even possible...) Maybe you can PM Curlyben or one of those guys to see if they can have a butchers and get their views on this one...

 

Good luck anyway,

 

Penfold

[stroke a badger]

That is REALLY REALLY freaky as I was just looking at the agreement when I saw your reply!!

 

Good omen?

 

Just a little in the way of an update.

 

I have made a formal complaint to the FOS, but going by previous experience it is going to take a while for them to make contact with RBS. I have also received a default notice in this mornings post so I need to carefully consider my options before i allow this to go full term as i would rather not have a red mark against my credit file. I do have a couple of defaults, one is from HSBC which is linked to a stayed claim for bank charges and another which drops off in June.

[steven4064]

The other consideration is that, if you have a default, you almost certainly have unlawful charges too - you can claim those back.

 

I should also say, that, as a site, we cannot condone the avoidance of legitimate debts. However, challenging credit agreements does have legitimate purposes:

 

1. sorting out companies who are chasing the wrong people - ie people who actually owe them nothing because they have the wrong person

2. as a lever to stop creditors and DCAs from harassing debtors

3. as a lever to stop creditors and DCAs from collection activities contrary to the OFT guidelines.

4. as a lever to get creditors to accept a reasonable settlement offer.

 

From what I surmise form your thread, you might be able use this for 4), perhaps as part of a charges claim.

 

To try and use their failure to comply with the CCA 1974 as a means of avoiding a legitimate debt and one that you have derived benefit from (by buying things) would be unjust enrichment on your part.