Body & Soul0 min ago
Credit Agreement (credit Card
6 Answers
My credit agreement (prior to Dec 2004) Has my signature but not the company, Is it legal and enforcable
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Credit agreements prior to dec 04 needed to have certain information in them or they were not enforcable. Ie when you ask for a copy of your agreement they may send you a copy of your application. If this happens the app is not enforcable unless it contains both signatures and other information. I just wondered if this applies to credit agreement
Your posting says .."Credit agreements prior to dec 04 needed to have certain information in them or they were not enforcable...... I just wondered if this applies to credit agreement "
So have you answered your own question?
Have you got a copy of your agreement and does it have the information missing that would make it enforceable?
So have you answered your own question?
Have you got a copy of your agreement and does it have the information missing that would make it enforceable?
perhaps I didnt phrase this right, when you ask for a copy of your credit agreement some companies will send you a copy of your application stating this is the credit agreement. Now for this to be legal amongst other things it would need to contain both your sidnature ans=d that of the company to be legal and enforcable. My question is do you need the two signatures on a credit agreement not application for this to be legal, If there is onl one signature is it legal and enforcable.
This mistaken belief is a result of scam companies claiming that for a large fee they can cancel debts and reclaim interest payments for credit card agreements made prior to the April 2007 changes in the Consumer Credit Act.
http://www.dailymail.co.uk/money/article-10524 01/Can-really-cut-credit-card-debt-using-legal -loophole.html
A credit card issuer is required to provide three copies of agreement to a borrower. The first copy (which is set out as an application form) is signed by the borrower and sent to the lender. The borrower is given, with this application copy, a copy to keep (in accordance with the requirements of section 62 of the Act. This is the requirement to provide a copy of the unexecuted agreement (unexecuted because at that stage it has not been accepted or signed by the lender). When the agreement is executed a credit card is sent out, and usually this is attached to the �card carrier� copy of the agreement. This copy has to be sent to the borrower by virtue of section 63(4) of the Act and this is the executed copy. The requirement for such documents to be �true copies� is set out in regulation 3(1) of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983. Regulation 3(2) provides that the lender can omit from this document any signature and/or signature box, so although the card carrier is the executed copy, it does not have to (and invariably will not) bear the parties signatures.
http://www.dailymail.co.uk/money/article-10524 01/Can-really-cut-credit-card-debt-using-legal -loophole.html
A credit card issuer is required to provide three copies of agreement to a borrower. The first copy (which is set out as an application form) is signed by the borrower and sent to the lender. The borrower is given, with this application copy, a copy to keep (in accordance with the requirements of section 62 of the Act. This is the requirement to provide a copy of the unexecuted agreement (unexecuted because at that stage it has not been accepted or signed by the lender). When the agreement is executed a credit card is sent out, and usually this is attached to the �card carrier� copy of the agreement. This copy has to be sent to the borrower by virtue of section 63(4) of the Act and this is the executed copy. The requirement for such documents to be �true copies� is set out in regulation 3(1) of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983. Regulation 3(2) provides that the lender can omit from this document any signature and/or signature box, so although the card carrier is the executed copy, it does not have to (and invariably will not) bear the parties signatures.
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