Warning about CCA Claims

putty71 wrote: »

Whilst we are on about CCA's and unenforceable ones, how many have actually been sucessfully in challenging their card company and finding out their CCA is not worth the paper it is written on.

I have posted a similar comment elsewhere on here about this, but everyone advises me if they were pre 2007, the chances are that they will be shall we say, less than watertight for the card company.

Can someone tell me if they were sucessful or if not which forum to find out this info please?

Thanks

Putty

putty71 wrote: »

Hi Never

Need some advice please. I received today the first resposne to one of my CCA letters from B Card. It is howver any application form but it does state at the top of it Credit Agreement Regulated by ......................1974. At this time it was with Morgan Stanley, not B Card

There is an accompanying letter with loads of waffle that I really don't understand, but I could do some help with. First off, as it is an application form, do I just send off letter CCA 3?

Also is it worth scanning in the letter and posting here?

Thanks

Dear Sirs,

Account No: XXXXXXXX

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account

I note that you have replied to my CCA Request by sending a copy of an Application Form and not a True Copy of the alleged Consumer Credit Agreement, in line with my formal request. As such, I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

To clarify, just sending the Terms and Conditions and/or an Application Form is a breach of the Act and Regulations, apart from the information that the Regulations provide that you may exclude, the copy must be a 'true copy' of the agreement.

This breach of the agreement can be demonstrated as follows;

Section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of Document Regulations and in this care in particular to SI 1983/1557.

Before leaving section 180 there are two other sections that should be mentioned, which are;

Section 2(2) (a)
A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

And more importantly

Section 2(b)
A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

You will see that this quite clearly states that whilst certain items may be left out of the copy document, the rest of the document must be in the form and contain all items as prescribed by the regulations.

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions. It does, however, state that 'all terms and conditions should be within the agreement document and is explicit of the form in which it is presented'.

In either case, please confirm that you have, in your possession, a credit agreement that is in all ways fully compliant with the Consumer Credit Act 1974, as amended, and the subsequent regulations made there under. For the avoidance of doubt, if you are in possession of such a document, but are unable to supply me with a true copy of it, please outline your reasons why you are unable to supply it to me in your reply.

Furthermore, I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.

I look forward to your response within the next 14 days.

Yours faithfully

Sign digitally

RandolphR wrote: »

I'd just like to put a word of warning the way of members regarding the issue of making CCA claims against your credit card provider.
I had never heard about this possibility of challenging enforceability until a brochure dropped through my door claiming that 89% of case were successful.
I paid my 300 pound fee and was allocated a solicitor and to cut the story short it dragged on for 5 months - with the solicitor making several attempts for my credit card provider to come up with details of my agreement. They did not repsond to any of the several requests from the sloicitors or myself.After all deadline had passed my solicitor waited then gave them another period to come up with it again no reply.
Eventually a court order was issued against the credit card co who immediately then contacted my solicitor that they would provide the document within the next 2 days. The solicitor agreed and the agreement turned up and I was told that it DID comply with CCA 1974 and was therefore enforceable