Cca Requests Updates Please

blueforyou wrote: »

Hello Kinjo,

You may have seen my recent posts on this particular bunch of !"£$%&*. Anyway, I've just gone thru my files and this appears to be the tactics they employ:

1. Ignore the customers request for a CCA
2. Continue to treat the customer as refusing to pay
3. Ignore any correspondance from the customer from 12+2
4. Continue action 2 until the customer complains (over the phone, as letters to them don't work)
5. On hearing the complaint, continue to deny receipt of any letters. (Blame Royal Mail, despite signed-for proof)

You must then demand to speak to a "supervisor" (please... don't laugh, they do have another level of moron).

At this point, try to break thier serve by telling that person what you've told the phone monkey already. Then:

a. Demand a fax number to send copies of all correspondance and proof of delivery
b. Fax it off
c. Confirm receipt of fax by telephoning them.
d. Sit and wait.

They cannot deny that you've made a reasonable attempt to contact them. Then write a complaint letter to:

Jennifer Matthews
Head of Recovery and Risk Operations
MBNA Europe Bank Ltd
Customer Assistance Department
PO Box 30
Chester Business Park
CHESTER
CH4 9FD

Explaining how crap they are.

Please post results as MBNA are employing these tactics in a deliberate attempt to evade their legal obligations.

kinjo1 wrote: »

Hi guys, can anyone tell me if the below is a vaild CCA.

Barclays claim they have fulfiled their obligation but from my understanding of a enforcable CCA this is not it! There are 6 pages in total and there is NOTHING blanked out by myslef as there isnt any personal information regarding me even on it! LOL

Page 6 is completly ineligable (Your computers fine) LOL

There is no evidence that the pages corresponde from the same document, no page numbers. Pages 1 & 2 seem to have a date on it, both different but the rest dont.





Barclays sent me the following letter today after i sent a 12+2 letter stating that what they had sent did not constitute a vaild/enforcable CCA.

"I write further to the letter whereby you note dissatisfaction to the documents you reicieved in relation to a request made under Section 77/78 of the consumer credit act 1974. Firstly, credit cards are regulated under section 78. Section 78 (1) of the act states that the creditor shall give the debtor a copy of the executed agreement and a statement of the account which is practicable to refer. Regarding a statement of account which is practicable to refer, the ltters which we send in response to a Section 78 (1) requests includes this information. To cover the issue of the executed agreement.

How does the Act define an "executed agrrement"?

"Executed agreement" is defined in section 189 of the act as, "a document, signed by or on behalf of the parties, embodying the terms of a regulated agreement"

What do the rules say about providing a copy?

The consumer credit (cancellation notices and copies of documents) regulations 1983 ("the regulationa") made under the act deal with how we are to provide a "copy" of an agreement. These regulations provide that any copy of the agreement suplied to a debtor should be a 'true' copy. Regulation 3 (2) provides that a copy may omit certain information, which allows you to be provided with a true copy, not a complete copy.

What happens if the original agreement has been varied since it was originally signed?

The regulations also set out what should happen where the agrrement has been varied since it was signed. Regulation 7 provides creditors with a choice of including in the copy of the executed agreement either a copy of the latest notice of variation relating to each discrete term which has been varied, or an easily legible statement of the terms varied. Regulation 7 does not state that the copy of the agreement shall include a statement of the original terms as well as a statement of the varied trems. Regulation 7 allows us to provide you with a "true copy" which sets out the terms and conditions current at the time of provision of the copy.

Conclusions in relation to the document we have to provide

A "copy" of an agreement will satisfy the requirments even if the signature box and /or the signatures are not included as clarified by regulation 3 (2) of the consumer credit (cancellation notices and copies of documents) regulations 1983.

The definition of "executed agreements" refers to a document embodying the terms of the regulated agreement. When this is read with regulation 7 - for agreements that have been varied - a copy of the original agreement would not embody its terms. A copy of the agreement as varied would embody its terms.

The issue of what is an executed agreement has been interpreted in the High Court. It was held that an executed agreement begins as the credit agreement which is sent to the cardholder when they recieve their credit card; therefore, establishing what is the original executed agreement. When the agreement has been varied, Regulation 7 mentioned above applies.

To summarise, id the agreement has not been varied, we must sent the orginal executed agreement; this would be the credit agreement which is currently regulated. If the credit agreement has been varied, we must send the current credit agreement as this will contaion the terms of the regulated agreement. We have sent you this and the original executed agreement for reference.

To address any issue about our lack of compliance with the Section 60 of the consumer credit act 1974. Section 60 relates to the form and contents agreements. All Barclaycard credit agreements are in compliance with this. You may state that the application form which we provided you, for reference, when you made a request unders section 78 does not adhere to section 60. This is not a complete copy of your application form, but rather an excerpt to show you signed a contract with us. When you completed your application form, the document would have been presented to you in full. legible form, and would have adhered to the requirments under section 60 of the consumer credit act 1974.

I hope this letter has helped with your concerns about the documents you have been suplied with under section 78 of the consumer credit act 1974. As our response fulfils the obligation under section 78 of the consumer credit act 1974, you should carry on paying the debt you have accured on your account, We do not class the account as in dispute, you have been supplied with the relevant documentation under section 78 of the consumer credit act 1974, and we will carry on with collection services. If you send us further correspondence questioning compliance with these areas of law, we are not obliged to respond beyond the statutory response we have already given you. We would require you to provide comprehensive legal and documentary evidence to support your claim to ascertain wheater response is necessary."


What do you think guys? Think their trying to shut me up and get me to pay up?

I know this is a long post but please, please, please help me out by taking a look a the "CCA" and what you think i should in response to the letter?

Thank you so much!

sophie2483 wrote: »

Do a little research - has anyone actually won a court case using this legislation? As far as I am aware, no (unless there have been other circumstances where the bank has messed up in some way) I work in the civil litigation field and have seen cases won by banks where they have fully admitted the credit app cannot be provided - but the statements, account history, payment history etc were enough for the judge to rule in the bank's favour. I think the majority trying to claim under s77-78 are wasting their time and should get a 2nd or 3rd job to pay off the debts instead of spending time writing endless letters to banks!