Legal or Illegsal Default?

Colderado

Hi all
Bit of an interesting one I hope someone can help with.

I applied succesfully to open a Vanquic credit card back when I was a student in Feb 2007. I did this online, and was accepted, and recieved, although no longer in my possession forms through the post to sign and send back a proof of ID copy. I recieved my card, activation, PIN number over the next couple of days, and these all worked without me ever sending the form back.

The account defaulted on 14th July 2009.

Flash forward to this year, I decided to wise up, sort myself out and have been successful so far in sorting my credit record and debts out. The default was satisfied in March 2010 for £723.

I decided to have a go at getting the default removed, you don't get what you dont ask for, and a very helpful person gave me a letter which the main body is at the bottom of this page.

They replied today, with a copy of the card agreement and full terms, also a digital signature application details page, which basically are the details i filled in when applying.
No where can I find a signature or an imply of a signature.

Where does this leave me trying to get the default removed, I may be wrong, but as I have never signed an agreement therefore they can not supply with one, the account is invalid?

Any help on a next letter to be sent would be appreciated.

Letter sent to Vanquis already.....
Afterrecently obtaining a copy of my credit file from Equifax I was concerned tonote that your company has placed a "Default" notice against anaccount in my name.
Further to this I have no recollection of everreceiving such a notice, and I therefore require you to substantiate this dataat your earliest convenience.
1. You must supply me with a true copy of the allegedagreement you refer to. This is my right under your obligation to supply a copyof the agreement under the legislation contained within s.78 (1) ConsumerCredit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extendsto providing a statement of account. I enclose a £1 cheque in payment of thestatutory fee, Cheque number 100171.
2. You must supply me with a signed true and certifiedcopy of the original default notice
I would request that this data is provided to mewithin the next 14 days, if you are unable to provide this data then I mustinsist that it is removed from my files as unsubstantiated.

McKneff

If you applied for it online, and were accepted, I believe no written signature is required.

The default is there for 6 years. It is a true record of your credit history. You borrowed money, you didnt pay it back, its as simple as that.

You have absolutely no grounds for having a default removed.

Sorry if it isnt what you want to hear but that's life.

fermi

The Consumer Credit Act 1974 (Electronic Communications) Order 2004 allows credit agreements agreed online and confirmed by you checking a box on the website to be enforced as if you physically signed an agreement.

So no, the fact that you did not sign a paper copy does not necessarily invalidate the credit agreement.

Regardless of the above, if you were warned on the website or anything sent to you that information may be passed to the credit reference agencies, then they are allowed to report any default.

Point (2) is your letter is nonsense. There is nothing in the consumer credit act or any other legislation that requires them to keep and supply a copy of any default notice. To substantiate that you were warned that a default would be registered, they may be expected to retain records that one was sent or you were warned when the account was opened. But not a copy of the actual notice.