help with nationwide cca

netabc

since middle of Aug 09 nationwide have not been able to produce or send me a copy of my cca. I sent them a request under s10.... and got this email back.

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Dear sir/madam

Thankyou for your letter of 27 September requesting information under the consumer credit act 1974.

Unfortunatley we are unable to action your request as the written authority you have supplied us has not been signed, therefore I am unable to send you a copy of the credit card agreement.

In your letter you also requested that we cease processing under s10 of the data protection act. When you opened your account with nationwide you signed to indicate your agreement to comply with the terms and conditions of the account and provided your consent for us to process your details in order to administer the account. The data protection decalaration on your application form, headed 'use of my information' included the following statement.

"Where i borrow or may borrow from you, you may give details of my account and how i manage it to credit reference agencie. If i borrow and do not repay in full and on time, you may tell credit reference agencies who will record the outstanding debt;"

As this account is still open we are entitled to continue to process the details in accordance with the terms and conditions of the account. This includes recording details with the credit reference agencies.


If you have further queries or concerns then please feel free to contact me or a member of my team.


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Prior to this i also sent them a letter saying that a signature was not required but maybe im wrong ?

what should my next step be? I would have though if they had the agreement then surely they would send it to at least shut me up.. maybe its the age - have had card since approx 1998/9.

many thanks for any advice..

Tixy

Hi Neta

This letter may help you in your response to nationwide
http://forums.moneysavingexpert.com/showpost.html?p=11636349&postcount=9

netabc

hi tixy,

thankyou,, that is exactly the letter i have sent them previously.. then i sent them the follow on letter to say that they have not complied and some about a cease s10.

what i have printed out was the reponse to that.

Tixy

Hmmm, didn't realise you meant you had sent that already -sorry not to be more help then.

They quite probably don't have the agreement, if they had it you'd think they'd just send it without this. You could try writing again and re-iterating your points and tell them you will raise a complaint with the FO if they don't comply.
Or an alternative could be to send them a signature on a hashed/squiggled background so that they couldn't copy & paste it on to your agreement without it being obvious.
Maybe post on never-in-doubt's thread as I think he (she?) is pretty familiar with most excuses creditors come up with and may be able to advise on how to proceed- here is a link - http://forums.moneysavingexpert.com/showthread.html?t=1868507&page=12

DarkConvict

The next step is, to wait until there time is up.

CCA is 12+2 and then a final 30 days. So if 42 days have passed from when you sent the CCA send a dispute letter.

Letter after 12 Days

Letter after 12 Day (template #2)

**There is a template somewhere, about reporting them to the FSA after 42 days as it is a breach of the law.
A possible after 42 days letter - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/135652-cca-moorcroft-argos-card.html#post1584473

Tixy

There have been changes to the law (in early 2009 I think) that means that it is no longer a legal offence if its not supplied within 30days. So the 12+2 day letter is the last 'standard' letter to send.

netabc

the 12+2 days ran out first week in sept and i already sent them the followup.. thankyou for the heads-up. ill cehck "never-in-doubt's " thread and see what comes up..

and im feeling the same now - just send them a signature with lines through it..

thanyou ever so much for your assistance.