Digital Signature

flyingfish wrote:Electronic signatures have been accepted for most matters for many years. This derives at least in part from the common law practices of accepting signature by initials only, by stamp or by an "X". Whether it is acceptable in your particular case will depend on the facts, for example evidence that you showed intent to enter into the agreement, that it was in fact you making the electronic signature, and whether you went on to accept any benefits from the agreement.
The Law Commission report from 2019 gives a clear run down of the position at that time, including examples of electronic signatures that have been found valid in court ..
https://www.lawcom.gov.uk/project/electronic-execution-of-documents/

assassin wrote:

flyingfish wrote:Electronic signatures have been accepted for most matters for many years. This derives at least in part from the common law practices of accepting signature by initials only, by stamp or by an "X". Whether it is acceptable in your particular case will depend on the facts, for example evidence that you showed intent to enter into the agreement, that it was in fact you making the electronic signature, and whether you went on to accept any benefits from the agreement.
The Law Commission report from 2019 gives a clear run down of the position at that time, including examples of electronic signatures that have been found valid in court ..
https://www.lawcom.gov.uk/project/electronic-execution-of-documents/

What this doesn't make clear is that a digital signature can be used instead of a persons written signature, to make a clear clarification here, PERSONS SIGNATURE and this is where they try to abuse the system by using a companies digital signature and not a persons signature. In such cases a person is not making a claim when a company digital signature is used and this contravenes contract law as contract law is under common law and not statutory law which is consensual law and a lower form of law which is bound by superior law.

This in itself is fraudulent as any company employee can make a claim in writing and use a company digital signature and not their own digital signature and this ensures any claims they make have no voracity in law (real law) and cannot be upheld unless the claim is made against the company under vicarious liability; and identifying the individual making such claims is very difficult. if not impossible and this makes proving their true intent impossible along with any requests for information.

I received court documentation last week from the High Court and it always contains wet ink signatures of the Judge, ask yourself why?

flyingfish wrote:Not sure why you're stressing that, OP is clearly stating that it was his digital signature, see the very first post - "If a CC was signed digitally on application by me"

Biggiebest wrote:May I ask for advice please?

If a CC was signed digitally on application by me rather than a wet copy on an agreement dating back to mid 2000’s  and the SAR shows a copy signature by the banks,  what legal position does this create?

I recall there was a change to new credit card applications from 1997?  But I am struggling to find info and comprehend what it means if this ever went to court.
Thank you for reading.