DCA strange reply to CCA Request?

abby1234519

I sent a CCA request to Reliable Collections for VivalaDiva and Simply Be.

As in two different accounts. I've had a reply for ONE of them.

"In relation to your request for a copy of the executed agreement under section 78 of the Consumer Credit Act 1974, under regulation 3 (2)(b) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 there is no requirement to provide a photocopy of the agreement bearing your signature, it is sufficient that we supply you with a "True Copy" of the agreement setting out the terms and conditions to which you have have agreed. A "True Copy" of the Credit Agreement sent out to you when the account was opened."

I don't understand? They've sent me a Credit agreement that you send half back to them. They've filled my name and address (the address that was at the time) and obviously my signature is blank and above it says "This is a Credit Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms. But I didn't sign it or send it back.

So what next? I have debts with about 7 creditors. I am only challenging one or two because I know I didn't sign a CA I am paying the rest, I know its sort of morally wrong to try to wriggle out of this but as I am going to uni it would make the load easier to bear.

So what should I reply saying?

beverley1296

I just received the same letter, and do not know what to do, I have not signed it, but they have scribbled my name and address into the boxes on the true copy credit agreement?

GeorgeUK

With a basic CCA request, they are not required to provide you with a copy of the original signed document. A reproduction is sufficient.

If you read the agreement they have sent you and they have not supplied any documentation referred to in the agreement, they have not fulfilled their obligation. If the agreement was made before 6th April 2007, then the agreement should have certain terms on it. Also check the charges metioned on the document - charges of £12 were only introduced in the last few years so if your agreement is older than about 2004, these charges are different from what would have been on your original agreement.

To see a copy of the original document, you would need to send a subject access request (SAR - cost £10) and request this under the data Protection Act. There should be a template listing about 13 items around here somewhere.