Credit Card application over phone enforceable?

[PlanB]

Hello wise people

A straight question. I applied for a credit card over the phone in 1999. It arrived on my doormat a week later. I never filled in any application form or signed any documents. Promise. It was all done verbally. Have I entered into as enforceable credit agreement ?

[Deepie]

Re: Credit Card application over phone enforceable?

Hello wise people

A straight question. I applied for a credit card over the phone in 1999. It arrived on my doormat a week later. I never filled in any application form or signed any documents. Promise. It was all done verbally. Have I entered into as enforceable credit agreement ?

Might be a idea to start a diary and keep it all in one place

[Deepie]

Re: Credit Card application over phone enforceable?

Have a look here > http://forums.all-about-debt.co.uk/showthread.php?t=5

[PlanB]

Re: Credit Card application over phone enforceable?

Might be a idea to start a diary and keep it all in one place

Will do when I get a moment. Please could we just treat this as a one-off hypothetical question No commitment no legal advice, just a generalised answer on telephone applications. I'll tell you why later .

[MrsD]

Re: Credit Card application over phone enforceable?

it depends on what they produce when you ask for a CCA, as Niddy is very fond of saying every CCA is different and is treated differently by the creditors so you can't second guess anything. have you sent for a CCA for this one?

[Deepie]

Re: Credit Card application over phone enforceable?

Hello wise people

A straight question. I applied for a credit card over the phone in 1999. It arrived on my doormat a week later. I never filled in any application form or signed any documents. Promise. It was all done verbally. Have I entered into as enforceable credit agreement ?

it depends on what they produce when you ask for a CCA, as Niddy is very fond of saying every CCA is different and is treated differently by the creditors so you can't second guess anything. have you sent for a CCA for this one?

We need a bit more info on this, Amount, lender etc....

[PlanB]

Re: Credit Card application over phone enforceable?

We need a bit more info on this, Amount, lender etc....

You're quite right, and that was unfair of me. Sorry. I was getting a bit over-excited about something of mine which belongs in the protected forum which is why I didn't want to say too much. I'll ask it again there. I just didn't want to wake up Niddy after his long night revamping this site.

I also thought it was a useful question for other site users to know the answer. I know if you apply for credit online and tick a box for Ts & Cs on the computer that may mean you've entered into a CCA, and I was hoping for a simplistic overview of the phone version. It can wait. Sorry to have bothered you

[Never-In-Doubt]

Re: Credit Card application over phone enforceable?

Hello wise people

A straight question. I applied for a credit card over the phone in 1999. It arrived on my doormat a week later. I never filled in any application form or signed any documents. Promise. It was all done verbally. Have I entered into as enforceable credit agreement ?

In 1999 there was no provision for the tick-in-the-box and thus I suppose telephone based sales would have been similarly based as they currently are, ie you apply and then they send the form to sign and return..... if this did not occur then yes, you would have a 100% bona fide unenforceable agreement as you would have HAD to have seen and agreed to terms prior to being bound by them, obviously applying verbally over the phone is all fine and dandy but I don't suppose for one minute that the sales rep read each and every term to you then asked if you agreed..... ergo this will be unenforceable, no matter what they may create by way of a recon - a recon must assume you had received the original at some point, if this was purely phone based application that led to a crd with no other paperwork then yes, it's going to be unenforceable.

Is it HSBC by the way as they were buggers for this, but so were plenty of others but HSBC does stick in my mind (well Midland Bank rather).....

[Never-In-Doubt]

Re: Credit Card application over phone enforceable?

I also thought it was a useful question for other site users to know the answer. I know if you apply for credit online and tick a box for Ts & Cs on the computer that may mean that does mean you've entered into a CCA, and I was hoping for a simplistic overview of the phone version. It can wait. Sorry to have bothered you

I've fixed your post for you!

[oscar]

Re: Credit Card application over phone enforceable?

Is it HSBC by the way as they were buggers for this, but so were plenty of others but HSBC does stick in my mind

I can think of another 4 letters of the alphabet.

[Never-In-Doubt]

Re: Credit Card application over phone enforceable?

I can think of another 4 letters of the alphabet.

Yes but MBNA always sent the form to sign, well I say always.....

[PlanB]

Re: Credit Card application over phone enforceable?

Yes but MBNA always sent the form to sign, well I say always.....

There you are. Yes this is MBNA. Yes they sent a form for me to sign after the phone call. And how do I know that? Because I've got it here in my hand. Look. I'm holding it up to the screen. Can you see it? Maybe not. So let me reveal why I'm so excited. The form is not filled in or signed or anything it's been left blank. It's the original. I never returned it. I hate signing things and avoid that at all costs. I squirrelled it away in my files for 11 years just in case it came in handy one day. Well todays the day! What with the looming bankruptcy issue.

Now the very good part. When I CCA'd they sent back a photocopy of my "signed agreement". It's a bloody forgery because I've still got the blank original here. It looks like my signature on their recon, but I didn't know you lot then and the whole digital signing thing so I had already been writing signed letters to them since 2009 when I went into DMP and begged for leniency in letters. And what's more the date by my name on their forgery is August. It's then countersigned by MBNA with a squiggle and stamped October. Funny that because the account opened in the previous June - so says the original letter in my hand right now. And the forgery has got my address printed a couple of inches higher than on the original (the one in my hand right now). So now you know why I was getting a bit excited

[Never-In-Doubt]

Re: Credit Card application over phone enforceable?

You crack me up - why didn't you just say you had the blank original in front of you!

It'll be unenforceable as if it went to court, they'd have to convince the judge that you signed and returned the original as acceptance, as you never (you were thinking about it weren't you - when all of a sudden a card plopped through the letterbox, right?) because you were thinking about it - before cancelling you got sent the card, pretty in pink as it was, no terms or nothing... just a card with cover letter from MBNA!

Shame, that would mean you never agreed to any terms, nor seen any terms

[PlanB]

Re: Credit Card application over phone enforceable?

You crack me up - why didn't you just say you had the blank original in front of you!

It'll be unenforceable as if it went to court, they'd have to convince the judge that you signed and returned the original as acceptance, as you never (you were thinking about it weren't you - when all of a sudden a card plopped through the letterbox, right?) because you were thinking about it - before cancelling you got sent the card, pretty in pink as it was, no terms or nothing... just a card with cover letter from MBNA!

Shame, that would mean you never agreed to any terms, nor seen any terms

Well if a certain Irish company want to try to make me bankrupt all I can say is Bring It On

Have I got to go back to the protected section now as I was having such fun on my day out on the main website? I don't mind being in lock-down for my own legal protection but I don't know whether this thread needs to be amalgamated with my 'other stuff' by majic or something. Sorry but I'm a proper Luddite with computers - but I'm damn good at filing though aren't I

[Never-In-Doubt]

Re: Credit Card application over phone enforceable?

Nah just leave this thread here - it answers a query I guess