Credit Card Co. sent me an illegible application form (CCA)

never-in-doubt

Hiya

Purrfect! Nice one. Just erase all the XXXXX's (i.e. their name) and reword using 'you'. Sounds better if you ask me.....

JLHE

Thanks mate! :beer: It's going in the post asap!
You're making a big difference here - we all owe you one!

JLHE

I sent it Recorded Delivery - I didn't think about the strikes and my letter is now delayed.
I need it to arrive to them before my payments due in less than a week's time. Should I send it by Special Delivery again? Having checked my tracking receipt, the woman at the PO did not put the postcode on it - just a tracking number - so there's no telling really if I had posted or not.
How does a postal delay affect things here?

never-in-doubt

JLHE wrote: »

I sent it Recorded Delivery - I didn't think about the strikes and my letter is now delayed.
I need it to arrive to them before my payments due in less than a week's time. Should I send it by Special Delivery again? Having checked my tracking receipt, the woman at the PO did not put the postcode on it - just a tracking number - so there's no telling really if I had posted or not.
How does a postal delay affect things here?

Its ok, just hold fire - if they are delayed slightly don't worry, you never chase them too early anyway - the longer they take to respond helps you (should it go to court) so best to leave them for a month then send the chaser letter then leave that for another 5-6wks before pursuing alternative action.... :beer:

Slow winded process, take it easy - don't pay for special delivery - no need.

JLHE

I know there's been strikes, but my letter still hasn't got there. I've tracked it via the Royal Mail website and it says it's still being processed.

Thing is, the Credit Card Co. do not yet know that I'm disputing their CCA. What if my letter doesn't get to them and I miss a payment? Being already in default, could they then sell my debt to an agency, thinking that I've just stopped paying?

Even though I've got a receipt for the posting of the letter - recoded delivery, there is no postcode of theirs on it. So if it came to court, how could I prove that I'd sent it?

never-in-doubt

JLHE wrote: »

I know there's been strikes, but my letter still hasn't got there. I've tracked it via the Royal Mail website and it says it's still being processed.

Thing is, the Credit Card Co. do not yet know that I'm disputing their CCA. What if my letter doesn't get to them and I miss a payment? Being already in default, could they then sell my debt to an agency, thinking that I've just stopped paying?

Even though I've got a receipt for the posting of the letter - recoded delivery, there is no postcode of theirs on it. So if it came to court, how could I prove that I'd sent it?

You have the receipt right? That is proof! Why didn't you put a post code on it? Personally, i'd look to get the full postal address and send it again - special delivery!

JLHE

Thanks for your reply, N-I-D.

Frankly, I didn't notice until later on. I told the woman at the Post Office that I was sending it Recorded Delivery and wanted proof of this. I assumed that she would have gathered that I needed the postcode on it. Besides, she is the most neurotic and unfriendly person. I've had problems with her before and I would be at all surprised if she'd kept it on one side to spite me - honestly! There's always something with her. A letter I posted a long time ago unbelievably turned up at an address months later! She must've sensed my urgency when I enquired about strikes etc.

Anyway, hope this gets there tomorrow!

JLHE

Well, I've got a reply to my letter within the 14 days. This is what they had to say -

"A request for a copy of an executed agreement under s78(1), states that the company must meet it's statutory requirements by providing a 'true copy' of the agreement relevant to the card product at the date the card agreement was made, plus a copy of the terms of the card product. These copies should be accompanied by the statement of financial information relating to the account.

When responding to requests under s78 we are compliant if we provide a 'true copy' of the agreement in accordance with Regulations 3(2) and 7 (1) (b) of the Consumer Credit (Cancellations Notices and Copies of Documents) Regulations 1983. This means that there is no obligation for us to provide a copy of the original agreement bearing signatures. Additionally, under Regulation 3 (2) a 'true copy' does not need to contain all personal information relating to the borrower, nor does it need to include a signature box or dates of signatures.

We have supplied a copy of the credit agreement that you agreed to after which you then received the credit card. We have also supplied a copy of the original and current Terms and Conditions of that card product with he prescribed terms and a statement showing the outstanding balance. We have met our obligations under s78(1) and are satisfied that it complied with the Regulations expressly made for controlling what is a 'true copy'.

...we seen no reason to enter into further correspondence with you about alleged CCA breaches...you may seek whatever legal redress you consider open to you.

We do not consider this account to be in dispute and your debt remains due and payable...we will continue to pursue for payment as they fall due. Any non payment will be recorded on your credit file as will a default if it continues."

That's it! They haven't addressed the fact that the 'application form' that they sent me was not eligible, for starters. What's my next move? Do I SAR them for the 'true copy'? They obviously haven't got it - after all, that's their ace card. Do I report them to the relevant authorities for not complying in sending me a CCA, refusing to wipe the info from the credit file and threatening to pursue the debt? Cheers for any help!

fermi

Did you include in your letter why an illegible copy is not sufficient?

Specifically that in:

Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI/1557).

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the [background medium upon which the information is displayed].

JLHE

Thanks fermi, that paragraph puts them instantly on the back foot!