App form and separate T&C leaflet - UE?

[fridgeman]

Long time lurker, first time poster.

Can someone give me some guidance on the situation I have with Nationwide Credit Card. I CCA'd them and they sent me a photocopy of the original application form dating back to 1997. All signed and dated by both parties, but no prescribed terms on the thing at all.

So I sent them the "this doesn't have any prescribed terms" letter and they sent me another photocopy of the form, but also a photocopy of the credit card terms and conditions for 1997. It's just the brochure, not personalised at all, a completely separate document.

But in the declaration section of the app form I notice it says "I am asking you to issue me with a credit card and that your conditions, which I have read, will apply."

I've been reading through the site to see whether this makes it enforceable - the agreement itself doesn't have the PTs, but does the statement above link the terms and conditions to the agreement in any way?

In other words, enforceable or non-enforceable? I'd like to be able to tell Nationwide and their KPR attack dogs to get back in their respective boxes.

The view of someone who knows more about this than me would be invaluable, especially if they've dealt with the horror that is Nationwide 'Proud to be Different' Building Society.

[Never-In-Doubt]

Re: App form and separate T&C leaflet - UE?

Long time lurker, first time poster.

Can someone give me some guidance on the situation I have with Nationwide Credit Card. I CCA'd them and they sent me a photocopy of the original application form dating back to 1997. All signed and dated by both parties, but no prescribed terms on the thing at all.

So I sent them the "this doesn't have any prescribed terms" letter and they sent me another photocopy of the form, but also a photocopy of the credit card terms and conditions for 1997. It's just the brochure, not personalised at all, a completely separate document.

But in the declaration section of the app form I notice it says "I am asking you to issue me with a credit card and that your conditions, which I have read, will apply."

I've been reading through the site to see whether this makes it enforceable - the agreement itself doesn't have the PTs, but does the statement above link the terms and conditions to the agreement in any way?

In other words, enforceable or non-enforceable? I'd like to be able to tell Nationwide and their KPR attack dogs to get back in their respective boxes.

The view of someone who knows more about this than me would be invaluable, especially if they've dealt with the horror that is Nationwide 'Proud to be Different' Building Society.

It is 100% unenforceable if the prescribed terms are not linked to the application you made, so if it links by way of saying "I agree to the attached terms" which are on the back then fine, it'd be acceptable. However they can issue some random terms to you from the date of inception if they wish, but they have to be ultra careful that they are indeed the right ones, so you can argue it all you want - technically it would be

However if they can prove that those terms were in effect in 1997 and that you'd received a set, at the time you applied - no problemo. They won't be able to do this though, so just keep arguing with them.....

[fridgeman]

Re: App form and separate T&C leaflet - UE?

It is 100% unenforceable if the prescribed terms are not linked to the application you made, so if it links by way of saying "I agree to the attached terms" which are on the back then fine, it'd be acceptable.

That's what I thought - the statement doesn't directly link to anything, and it is a separate document.

However they can issue some random terms to you from the date of inception if they wish, but they have to be ultra careful that they are indeed the right ones, so you can argue it all you want - technically it would be

However if they can prove that those terms were in effect in 1997 and that you'd received a set, at the time you applied - no problemo. They won't be able to do this though, so just keep arguing with them.....

I fully intend to do so - so is my next step the "this isn't a valid CCA, go hang" letter?

[Never-In-Doubt]

Re: App form and separate T&C leaflet - UE?

That's what I thought - the statement doesn't directly link to anything, and it is a separate document.

I fully intend to do so - so is my next step the "this isn't a valid CCA, go hang" letter?

You send this: ---> CCA Query - Missing Prescribed Terms

[fridgeman]

Re: App form and separate T&C leaflet - UE?

You're a gentleman and a scholar. Thanks Niddy.

[Never-In-Doubt]

Re: App form and separate T&C leaflet - UE?

Best of luck