marbles,terms & cons, CCA

poptart1_2

Asked for the CCA for Marbles account in April, it had been taken over by hbos previosly from HFC bank. After a 7 month wait and being passed to a DCA today they replied and stated they were unable to provide a copy of the original agreement but sent a copy of an application form.
They also sent a copy of the presant terms and conditions which belong to hbos but not the original terms and cons of HFC bank in which the account was taken out with.
Anyone know how I stand with this? would these "new" terms and conditions stand up in court with a copy of an application form, the application form has NO terms and conditions on it.
Sorry to be so vague ,cant think how to explain it all more thoroughly
cheers guysxxx

DarkConvict

If it is pre April 2007, then it is not enforceable.

They need to send the CCA that applies to the account, it needs to be signed and have all the terms & conditions of the original document, + APR, credit limit etc.

If they wish to enforce it via a court, they must produce this documentation.

OFT Advice

A copy must be a copy. It need not be exact on immaterial points, but cannot be a conjectured reconstruction.
If the trader has no original copy, the trader will have difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody would know what was in the original

poptart1_2

it dates back to 2004, I hope you are correct.Thank you so much
Do I just let it ride now or should I write back to them?

DarkConvict

Fermi/Ras/never-In-Doubt etc. i believe is best for CCA advice.

Give this post a read - http://forums.moneysavingexpert.com/showpost.html?p=25731753&postcount=28

Original thread - http://forums.moneysavingexpert.com/showthread.html?t=1970395&page=2

I assume you have read this already Unenforceability & Template Letters

poptart1_2

any other opinions on wether I should respond to this?

DarkConvict

poptart1 wrote: »

any other opinions on wether I should respond to this?

Its getting late so probably not today, bump for you for the morning readers

poptart1_2

just want to add today I had the copy of the application form only from the dca who are asking now for payment proposals, they are saying this is the agreement but they have not provided any terms and conditions
What reply should I send them please?

poptart1_2

bump, help please

pepe2008

I think that what they are doing is this.

Using the Consumer Credit ( Copy Documents and Cancellations) Amendments 1983.

In effect what they have sent you is the Application Form and some T&Cs that MAY have been in force at that time, but are irrelevant in your requst for the CCA.

Barclaycard try to use this excuse and dress it up with 4 A4 sheets of information claiming to prove why this action satisfies their duties under Section 78 of The Consumer Credit Act...it doesnt! as far as I can seee it would only serve a request for Terms and Conditions........NOT a Copy of the ORIGINAL CCA.

Send them the Default Letter for failing to send a Copy Agreement, templates on here somewhere ( sticky?)

pepe2008

......Sorry! if I have read your posts correctly, you requested a CCA from HBOS and they failed to provide one.
Then they passed the Account to a DCA!....they cannot pass the Account to another party whilst they are in Default of Section 78 CCA Request, tell this to the DCA and insist that they send it back to HBOS.

oscar52

My CCA / Application form from marbles/HFC is too poor quality to scan. However, if it has all your personal details on the left, and then a load of breif T&cs on the right, this sounds vaguely similar to mine, and if so is unenforceable.