Request Copy of Consumer Credit Act from Credit Card Companies

Debterinneedofhelp

I tried to post this previously and got lost in someone elses thread (sorry new at this) I am trying to get info and my head is spinning round! Not sure if I am doing this right. Can anyone advise please?

Requested Credit Agreement from the Halifax and received an letter in response to my request - no signed agreement but they enclosed a typed document which they state is a copy of my executed agreement, a copy of my current terms and conditions and a signed statement of my account. Also this paragraph in the letter

" The copy of the agreement enclosed with this letter complies with the requirements of the Consumer Credit (Cancellatin Notices and Copies of Documents) Regulations 1983 (the "Regulations"). Regulation 3(2)(b) provides that a copy can omit any signature box, signature or date of signature. In summary we are not required to produce a copy with your clients signature on it. By providing a copy of this agreement complying witht he requirements of the Regulations the agreement remains enforceable.

By providing you with the documents attached to this letter, we have satisfield our obligation to provide a copy of the executed agreement under section78. As such, the agreement you have with us is fully enforceable and we shall continue to treat it as such. We will not be entering into any further correspondence with you regarding the requirements relating to the provision of copy agreements.

Finally, we must remind you that failure to make payments under this agreement will result in collection activities and any default may also be reported to credit reference agencies."

What should be my next response?

Debterinneedofhelp

Advice please I to have written to Barclaycard and have had the same copy of Terms & Conditions leaflet and a letter telling me to view the website. What is the next step please!

Also has anything changed with these claims _ I have just read an article saying that they are on hold?

ILW

What it is that you are claiming?

bert&ernie

It seems to me that most lenders are now, as a matter of policy, refusing to send facsimile copies of Consumer Credit Agreements. They aren't actually obliged to send a facsimile i.e. an exact copy image. They are obliged to send a "True Copy" - the concept of which pre-dates photostatic copying and digital imaging etc.

I wont claim to be an expert, but I understand a true copy to be essentially a transcription of a document that replicates its original form and content. Of course, the only way to tell if a copy is indeed "true" is to compare it to the original.

It seems to me that lenders are getting wise to the issue of unenforceable agreements and are hiding behind the legal provision for "true" copies to avoid exposing the original. They are, of course, obliged to keep the original or at least an image of it in the event that they want to enforce the agreement in court.

My view has always been that if the lender had the original or a facsimile of it, then why wouldn't they send it in response to customer request?

The answer is that its probably easier to fob people off with a dodgy mock up, and some bullish assertions as to its legal status, than it is to find the original. Also, even if they can easily find the original, they don't want to set the expectation that they have any obligation to provide one.

Anyway, to the OP - I would suggest that you check out the Debt free Wannabe board here on MSE or the Consumer Action Group. Chances are that this thread will attract a lot of moral judgement and very little practical advice.

Debterinneedofhelp

ILW wrote: »

What it is that you are claiming?

I am requesting the Original Consumer Credit Agreement

never-in-doubt

1. Unenforceability - http://forums.moneysavingexpert.com/showthread.html?t=1612055

2. Letter Templates - http://forums.moneysavingexpert.com/showthread.html?t=1674391

Read these threads to find out what process/next steps to take.

ILW

Debterinneedofhelp wrote: »

What should be my next response?

Pay what you owe?
Just a suggestion.

Debterinneedofhelp

How kind of you to take the moral high ground - before you judge me - my partner and I have worked all our lives, paid our bills on time and never claimed benefits! we are both self employed and since the credit crunch struck the credit card companies have hit us like a ton of bricks - we cannot get any further credit as we as self employed are regarded as a bad risk - our credit card companies have taken our interest rates up to as much as 32% or an option to close the account, we cannot swap credit cards - our minimum payment sometimes is not covering the interest added on. The amount we have paid in interest is so much more than the original amount owing. If we make any overpayments they then reduce our limit leaving us with no available credit if an emergency occured. The credit card companies do get their sister or partner loan companies to telephone us with the option to take out a secured loan with a higher monthly repayment loan than the minimum monthly credit card payment!!! So if there is an alternative solution you tell me!

~Brock~

There are plenty of places offering free advice and also plenty of potential solutions, however most of these involve taking some responsibility for your debts and not trying to worm out of them based on alleged technicialities.

No moral high ground here, just simple facts.

whipped

~Brock~ wrote: »

There are plenty of places offering free advice and also plenty of potential solutions, however most of these involve taking some responsibility for your debts and not trying to worm out of them based on alleged technicialities.

No moral high ground here, just simple facts.

Maybe you should suggest some of these places where the OP can get some help instead of being so judgmental. After all people join these sites to try and get help and support. If it weren't for theses institutions and banks ripping people off with charges upon charges, and high interest rates then a lot of people would not be in the mess they find themselves in today.

Debterinneedofhelp

aron wrote: »

How wonderful for you. And you think other people are taking the moral highground? Unbelievable snobbery.

If you are going to quote me please quote all of it and not the sentence to make me look bad - I am requesting help as I thought that was the purpose of this forum - I do not judge others and most definately do not have any snobbery about me - just trying to describe us as we are - genuine average people. I did not expect to have comments like this and am rather shocked at the attitude. It is not and was never my intention to offend anyone or make myself above anyone - if I had I apologise!