Unsigned Credit Agreement Advice Please

SPELLKASTER

I opened an MBNA credit card in 2009.

I just got a "copy of executed agreement" from MBNA.

It looks like I have not signed the agreement and neither has the lender; however a box has been ticked to say its been signed electronically.

Is it legal please can anyone advise??

Thank you.

Yum

yes. you signed up online and ticked the box to sign it.

It will stand up in court. Otherwise no company would allow you to sign it in that way.

brightonman123

if you used the card / made payments, that also forms a contract.

fishcake5_2

can I then ask is that the same if it was done in person, not on line but in store? in 2009? with no signatures on the credit agreement.

Yum

fish cake - you mean you sigend up in store, you owe money but you hae asked them for a signed copy of the agreement and they have been unble to provide this?

If they do not have a signed copy at all (either physically) or electronically but you have used the card and in your name, you still owe the money and will still show in default on your credit file and they can still chase you to pay, however, then they would be unable to inforce the debt (CCJ > order for sale on your property).

So depending on the situation really.

Hope that helps

thechippy

This will be enforceable.

You cannot use the cca route on any agreement post April 2007.

fermi

SPELLKASTER wrote: »

Is it legal please can anyone advise??

If you took out the card in that fashion, then yes, perfectly legal.

(1) They are not obliged to provide a signed copy.

(2) Agreeing online via a tick box has been a valid method (equiv of signature) of completing an executed agreement since 2004/5.

(3) Regardless of (1) and (2), post April 2007 agreements have always been enforceable at the discretion of the courts without a signed agreement, if it can otherwise be shown that you took out/used the credit.

I'm a little puzzled, as you have posted multiple threads asking a variant of the same question, and you have been given the same answers again and again and again. The position is quite clear, and you aren't likely to get the answers you seem to want?

fishcake5_2

Yum wrote: »

fish cake - you mean you sigend up in store, you owe money but you hae asked them for a signed copy of the agreement and they have been unble to provide this?

If they do not have a signed copy at all (either physically) or electronically but you have used the card and in your name, you still owe the money and will still show in default on your credit file and they can still chase you to pay, however, then they would be unable to inforce the debt (CCJ > order for sale on your property).

So depending on the situation really.

Hope that helps

yes i signed in store have a copy of the original agreement but no actual signatures on it . The debt is paid up now, just clutching at straws to find something that could get default removed. Thankyou for your reply.

[Deleted User]

I don't think you have much chance, you have been making the payments, you know that you owed the amount of money, what could be in question?

I would say that you may find you are able to get a refund of some interest, however regardless you still failed to pay.

You are really posting a lot of the same things, I am not on here much and even I notice!

If you have defaulted why are you so keen to have this removed now? Why did you not act at the time, I know that can be easily said, however if you make agreements with lenders that will not default you unless you seem to be taking the P.

If by chance you do WIN, please let us all know :-)

chanz4

The default wont be removed for lack of signature, even the courts settled that one

SPELLKASTER

I have just properly read through the 2 agreements recently sent to me from MBNA.

I need some clarification on some matters if the agreement is enforceable or not.

I took the credit card out in 2009.

The first agreement has only been signed electronically. There is no credit limit being shown.

The second agreement, which appears to be the one they are using has no name, again no credit limit, no signature box, and has not been signed electronically either.

Also on the second agreement the date appears to be missing.

Any advice please?

Thank you very much xx