Requested 1974 signed cc agreement

mufc689908

This was requested on the 8/12/09 with the £1 cheque leaving my account on the 16/12/2009.

Does anybody know if a legal time frame applys for the cc company to respond I read somewhere there is a 10+2+30 day period.

Thanks

socleirigh

They do not have to provide you with a copy of the signed agreement. They can give you a copy that has been "reconstituted" from the original in order to comply with a section 78 request.

However, they must provide it with 12 days. If they do not, then cannot enforce the agreement against you, until such time as they do provide you with a copy.

If they fail to provide you with a copy within a further 30 days, then they commit an offence (if the agreement is from before April 2007)

I've also requested copies from three cc companies in early December. One provided a reconstituted copy on day 9, one wrote back asking me to sign the request (which I cannot do as I have broken wrist), and the third said that they would forward a copy with 15 days, (20 days have since gone by)

Hope this helps

Regards
socleirigh

mufc689908

Although the cc company in question would have recieved my request on the 09/12/09 the cheque in fact cleared on the 14/12/09.

Does the 42 day period include bank holidays and weekends. if that is the case I think its the 43rd day since the 14/12 today.

Thanks

never-in-doubt

Hiya

The above info is inaccurate - there is no offence committed.

Have a read here, this explains the whole process to you: Unenforceability & Template Letters II

head to page 1.

Suffice to say, they have 12 (+2) days from the date you sent the CCA to respond afterwhich the account is unenforceable until such time the lender complies. That is the crux of the matter.