OC validated with a signed copy of a type-written form that says "I by signing below apply for a line of Mastercard line of credit and acknowledge the receipt of the Mastercard agreement and disclosure." There are no terms or any other legalese on this form. The OC did not provide a copy of the agreement or disclosure in the validation. Is this a valid contract? Most cc apps use verbage such as "I agree....".
Just because a consumer signs an application for a credit card, does not automatically mean the consumer actually made any charges on that account, nor does it even mean the card was ever approved. It would like walking into a store. Signing an application. Oh sorry, you're denied. A month later a bill comes for the account. You request validation, they send you the signed application. HELLO! This is not validation.
They have partially validated, I agree. They also have not itemized the bill. Again, improper validation. I am still working this angle. There were charges and payments on this account, which could be considered "acceptance." I am trying to build a list of all the possible defenses if they decide to file a suit. One might be that the contract is invalid or even if I can prove that it relies on parol evidence, it would help. I believe that this form letter may not necessarily bind me to the credit card agreement. My signature never affirmed that I would agree to the agreement and disclosure, only that I acknowledged their receipt. Looking for a legal loophole on this one.
