Help needed, CCA response from BCard, Updated

BlueIsTheColour · 27 May 2009 at 7:36PM

Ok then 3rd time lucky, stupid Photobucket and my laptop :mad:

As some of you lovely people know I have had ongoing issues with Bcard over my CCA request, dating back since July of last year, finally receiving their response in March, which consisted of a copy of my application form and an up to date copy of their T&C's, which after seeking advice from here and others was told wasnt sufficient, so I duly wrote back stating that, and today received the folowing response....

Its full of legal-ness which I, as a lay person dont understand, and I guess this is their intention, so am hoping that some very clever people from here may be able to offer me advice as to what my next steps if any, should be.....

Thanks in advance for any help, I really do appreciate it, I dont know how I would be able to do what I have done, but for the advice from here :T

nuttytart26 · 27 May 2009 at 7:54PM

Hi Blue is the colour, cant read it. Please can you try and save it as a j peg?? x

blueback · 27 May 2009 at 7:55PM

Try this reply amend as needed

Dear Sirs,

Account Number: XXX

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

The information that you have sent is not sufficient to comply with the request and that your company is still in default under the act.

This breach of the agreement can be demonstrated as follows;
As you will know 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 remembered these 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 cancelable 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 state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues

Yours faithfully

aaxsabian · 27 May 2009 at 7:57PM

Hi there, i to have recieved the very same letter today and i am in the view that its just another fobbing off letter so i will be sending out an " SAR " letter tomorrow to see what comes back from that what doe's anyone else think

BlueIsTheColour · 27 May 2009 at 8:02PM

nuttytart26 wrote: »

Hi Blue is the colour, cant read it. Please can you try and save it as a j peg?? x

Would certainly do that, if I knew how :rotfl:It was saved as jpeg and then uploaded onto photobucket to get the IMG code, if there is another way will be happy to do it....

BlueIsTheColour · 27 May 2009 at 8:04PM

aaxsabian wrote: »

Hi there, i to have recieved the very same letter today and i am in the view that its just another fobbing off letter so i will be sending out an " SAR " letter tomorrow to see what comes back from that what doe's anyone else think

Well I guess that's good to know that you have the same one, maybe this is their new plan of attack..... I was thinking maybe a SAR was the way to go, even if I don't fully understand what that would mean for me :rotfl:

Thanks for that letter BlueBack, will have a read through and see if I can make it fit :T

aaxsabian · 27 May 2009 at 8:05PM

what would you do next

Merlinexcalibur · 27 May 2009 at 8:06PM

There was some advice about an SAR given by someone on the original thread to get what you require eg the original document. BC will carry on arguing the toss stating 'yes we have obligated the CCA request but ... not what you asked them for eg the original agreement not one we made earlier'. The thread vanished but it was on there what to do next. In fact, I have the very same letter here. So I know as do others. Anyway, whomever was on that original thread will be along soon with further advice. However, do expect this to go round the houses for a while with the letter writing alone. Have fun.

BlueIsTheColour · 27 May 2009 at 8:06PM

Thanks Merlin, from their letter it does seem as though they are expecting a much more meaty reply, hence why I was thinking a SAR may be the way to go, I saw a post from 10past6 in the CCA thread that might fit?? Unless you have other suggestions?

I am seriously lacking in knowledge for this so appreciate any help there is

cassie03 · 27 May 2009 at 8:09PM

Hi
Just jumping on board this thread as I too have received the same letter today-obviously send them out in bulk!! I had already sent them the letter that Blueblack suggests. Sorry for appearing thick but could someone explain why sending an SAR would be the next step??
Thanks

BlueIsTheColour · 27 May 2009 at 8:09PM

Sorry Merlin have I done something wrong here?

I didn't realise I had left the number in, in the other thread, I thought I had removed them all, photobucket hasnt saved it properly and I hadnt double checked, so the thread was kindly removed, but before I got to see any replies.

Help needed, CCA response from BCard, Updated

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Help needed, CCA response from BCard, Updated