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

impetus

I am following this thread with interest.....thanks NID and Fermi for the advice and OP for keeping us all updated! Thanks!

captainhaggis

JLHE wrote: »

the company must meet it's statutory requirements

Is that actually what they wrote?

If so, :rotfl:

An official letter from a creditor demonstrating a lack of good grammar/spelling gets my back up. Makes me wonder what other mistakes they've made - and I'm sure they are many.

impetus

Their grasp of the language is appallllllllliung!

Interesting point though!

JLHE

Yes, that's exactly how they wrote it! I touch typed that letter onto here so had to double-check to see if I'd made the mistake. I'm glad to say I hadn't! :rotfl:

JLHE

Hi,

Can anyone give me any advice on my next letter (see below) that I'm going to send and let me know if there is anything else I should mention in it?

Thanks! :beer:


Dear Sir/Madam

Account No: XXXXXXXXXX

Thank you for your letter dated XXXXXX

I must remind you that you have not met your obligations under s78(1) in providing me with a ‘true copy’ of my credit agreement. Firstly, the document that you supplied and claim to be the “credit agreement” is, in fact, an ‘Application’ for a Combined Card Account. Secondly, as I informed you in my previous correspondence, the document is mostly illegible; and thirdly, does not appear to contain any of the prescribed terms required under the Act to render this document properly executed or enforceable.

Regarding the legibility of documents, you fail to comply with Regulation 2 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557). For your information, I quote regulation 2(1):

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.

Until you are able to provide me with a legible ‘true copy’ of my Credit Card Agreement and not an application form, you are in default and this account remains in dispute. May I again remind you that whilst this account is in dispute, I am under no obligation to make any payments to you nor are you in any legal position to pursue any payments or pass the debt to any other party.

In addition, you may not process any data relating to the account in question and as formally instructed in my previous letter as a statutory notice under Section 10 of the Data Protection Act, whilst the account is dispute, you must remove all information regarding the account from your internal records and any credit reference agencies. Should you refuse, you have 30 from the date of that letter – XXXXXXX - to give a detailed breakdown of your reasoning in continuing to process my data. To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information and this consent is given in the form of a signed credit agreement. Therefore, until you produce such an agreement, you are not authorized to process my data.

Should you be in breach of any regulations, either by illegally pursuing this debt, passing it to a third party or processing any data regarding this account whilst in dispute, I shall without hesitation be reporting the matter to the Office of Fair Trading.

Yours faithfully,

never-in-doubt

JLHE wrote: »

Hi,

Can anyone give me any advice on my next letter (see below) that I'm going to send and let me know if there is anything else I should mention in it?

Thanks! :beer:

Good letter mate - there is a template here though! #18

Its the first example letter in that post - CCA Dispute - Illegible Copy Document Supplied!

JLHE

Thanks for that! :beer:

I'm just wondering though, what is the situation regarding them (as they claim), in not having to produce the original copy with signatures and terms on the same piece of paper? I've read that they don't need to, yet elsewhere, I've read that the paper must contain the prescribed terms etc. It seems conflicting, this information!

Also, since I've given them notice before, regarding ceasing to process my data, am I correct in saying that it was from the previous letter that they have 30days to give me a breakdown in their reasoning, or to stop?

JLHE

I'm going to send my next letter just want to know -

* shall I send it to the address at the top of the last letter sent to me or to the Data Controller place? There's so many PO Boxes and postcodes, it's unreal, and

* shall I head this one with another "account in dipute/section 10 notice?

Cheers!

never-in-doubt

JLHE wrote: »

I'm going to send my next letter just want to know -

* shall I send it to the address at the top of the last letter sent to me or to the Data Controller place? There's so many PO Boxes and postcodes, it's unreal, and

* shall I head this one with another "account in dipute/section 10 notice?

Cheers!

You send it to whoever owns the debt, so whoever you were paying/communicating with! Forget data controller, its nowt to do with them!

It goes to the usualt customer services address so the address in the last letter that they sent to you.... :rolleyes:

never-in-doubt

JLHE wrote: »

Thanks for that! :beer:

I'm just wondering though, what is the situation regarding them (as they claim), in not having to produce the original copy with signatures and terms on the same piece of paper? I've read that they don't need to, yet elsewhere, I've read that the paper must contain the prescribed terms etc. It seems conflicting, this information!

Also, since I've given them notice before, regarding ceasing to process my data, am I correct in saying that it was from the previous letter that they have 30days to give me a breakdown in their reasoning, or to stop?

Ive explained this to you before, although the legislations suggests that a lender/dca cannot do things - they still do do them in the knowledge we will not fight them all through court.

You need to stop and return to basics and grasp what you're doing cos I think you're confusing yourself as to what will happen here.

1. You request CCA
2. They do not comply
3. You cease paying
4. They default you
5. You ignore them

Thats about the size of it. There is no medium level or extra help, its so black and white its from the 60's.... ;)
Regards to signatures, if you request a copy of the CCA they can send it without them - if however you demand court action then they have to provide the original then - so in this case you can SAR them and then you'll get to see the original, if they don't send it you can assume it is lost. If they argue then you go to court cos if they then produce it at court, the fact they broke DPA s.7 will hinder them as this means they must send a copy of everything held about you - if so why didn't they send the original copy at first?

See what i'm saying? Its a guessing game and bluff game (think poker)

Read here (for the 10th time :rotfl:) to learn the basics and if you actually spend time on this then you'll start to learn the process and pitfalls like the rest of the users do on here. Unenforceability & Template Letters II