I sent a CCA request to Vanquis in January and have received a reply today. All they have sent me is a copy of their terms and conditions. They said they are unable to forward me a hard copy as I applied for this card on-line and ticked the box as my signature. Is this agreement enforceable? I am not asking this as a way of not paying my debt, but maybe if I knew this was unenforceable then I would be in a better position to negotiate a payment plan with them.
Like I said there is no evidence of a tick on any of the documents that they have sent. And on the terms and conditions, there is no mention of my name , address, or any details about me.
THIS IS WHAT THEY WROTE.
I CAN CONFIRM THAT YOU INITIALLY APPLIED FOR ONE OF OUR CARDS USING THE ON-LINE APPLICATION FORM IN SEPT 08 AT 2.00PM. BASED ON OUR CRITERIA AT THAT TIME WE WERE PLEASED TO BE ABLE TO OFFER YOU A VANQUIS CARD ON THAT OCCASION. I CAN CONFIRM THAT THE ABOVE APPLICATION WAS SUBSEQUENTLY AUTHORISED ON SEPT 08 AT 9.00AM AND AN ACCOUNT OPENED SHORTLY AFTERWARDS.
PLEASE NOTE THAT THE NECCESSARY CONSENT WOULD HAVE TO BEEN GIVEN BY YOU AT THE APPLICATION STAGE BY AGREEING TO BE BOUND BY THE TERMS & CONDITIONS. FOR FURTHER CLARIFICATION ON THIS MATTER PLEASE REFER BACK TO THE APPLICATION WHICH CLEARLY STATES AND I QUOTE "PLEASE READ THE SUMMARY BOX, FULL TERMS /CONDITIONS AND PRIVACY WOULD BE NECCESSARY FOR THE APPLICANT TO TICK THE APPROPIATE BOXES. PLEASE BE ADVISED THAT THIS IS CALLED A DIGITAL SIGNATURE, AND NOTE THAT THE FAILURE TO GIVE YOUR CONSENT IN THIS MANNER WOULD RESULT IN THE INABILITY TO PROCEED ANY FURTHER WITH THE APPLICATION.
GIVEN THE ABOVE , PLEASE BE ADVISED THAT I AM THEREFORE UNABLE TO FORWARD YOU A "HARD COPY" OF YOUR APPLICATION. HOWEVER PLEASE FIND ENCLOSED A COPY OF THE TERMS/CONDITIONS THAT WERE INITIALLY SENT TO YOU WITH THE 2WELCOME" PACK AND CARD.
Sorry it is so long, but reading the above is this agreement unenforceable, like I said the terms/conditions do not contain my details at all. Thanks for any advice.