CCA Update - More Help Needed Please

Ex-Spendaholic

Thanks for all the help. The letter is now on its way. Will update when I hear from them.

Ex-Spendaholic

Update:

Got a letter today and I'm wondering what I should do next. In a nutshell this is what it states:

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

When responding to requests under S78 we are complaint if we provide a "true copy" of the agreement in accordance with regulations 3 (2) and 7 (1) (b) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. This means that there is no obligation for us to provid 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 signature.

We have supplied a copy of the credit agreement that you agreed to after which you received your credit card. we have also supplied a copy of the original and current Terms and Conditions of that card product with the prescribed terms and a statment showing the outstanding balance. we have advised who you need to contact to discuss amounts due and owing and future payments that must be paid. We have therefore met our obligations under s78(1) to provide a copy of that executed agreement and again we are satisfied that what was provided complied with the regulations exprssly made for controlling what is a "true copy"

I must therefore inform you that we see no reason to enter into further correspondence with you about alleged breaches. If you are not satisfied with this response you may seek whatever legal redress you consider is open to you.

We do not consider this account to be in dispute and your indebtedness on this account remains due payable and we will be pursuing for the full repayment. All non payments have been recorded on your credit file as has the default due to non payment.


It then goes on to say that I can contact CAB if I want advice.

What should I do now? There is £4000 owing on the card. It is with Triton and we had been making payments of £100 per month but none since November. My ultimate aim was to try to get a !!!!!! on this but its not looking likely now.

Would really appreciate some advice on this please.

Jacobs_Crackers

Hi,
your letter sounds like a similar sort of thing I had from one of the banks yesterday. I am sending a letter back saying this does not comply with what I asked for. If they had a compliant CCA, why would they not photocopy that, but instead send terms & conditions or some other document????
If you haven't already, have a look at never-in-doubt's thread on unenforceability - there's not much he doesn't know on the subject & if you have any more questions you could ask him. Plus he's got all the relevant template letters you may need to send.
Hope this has been of some help & good luck with it!
JC

Ex-Spendaholic

Never in Doubt, thank you once again for taking the time to read and respond to my posts.

The application form copy (which is in post 6) does have my OH's signature on it but its an application form. Can I still send the letter?

Sorry for sounding so dumb all the time.

never-in-doubt

Ex-Spendaholic wrote: »

Never in Doubt, thank you once again for taking the time to read and respond to my posts.

The application form copy (which is in post 6) does have my OH's signature on it but its an application form. Can I still send the letter?

Sorry for sounding so dumb all the time.

Oh sorry! Had a lot on since I last checked lol. Ok, was there any terms sent with this CCA? The RBS Advanta is now Mint, right? This was changed a few years ago but thing is did they have a page 2 or the terms that should be on the reverse of the form?

Finally, what letter did you send prior to the reply they sent you recently (was it the illegible copy sent - template?) ? Just so I can get my head round this...

Have you sent this yet? If not, ignore the one above and send this instead.... CCA Query

Ex-Spendaholic

Hi

Yes Mint was formerly RBS Advanta.

What they sent me initially was the copy of the signed application form (as seen above) together with a page entitled "Conditions of Use" which I also tried to scan and made a hash of. In addition to that they sent what looks like a photocopied leaflet RBS Advanta Terms and Conditions on one sheet and then Credit Agreement on the other one. All documents have been stamped "Copy"

The letter I received yesterday was in response to my illegible CCA one (based on the application form thing they sent which I could read the bit above the signature)

Hope that all makes sense.

I don't know where to go with all this. I'm not trying to avoid the debt just hoping to negotiate a lower settlement and get rid of it once and for all. Should I make an offer at this stage or wait? Do I recommence the payments of £100 per month? I don't want them sending someone to the house or court papers. :eek:

never-in-doubt

Hiya

can you confirm is the stuff they sent you, similar to this lot here: http://s789.photobucket.com/albums/yy173/roadster_04/

Is it possible for you to upload everything they have sent so we can establish enforceability or not? That's the main thing here, so long as they are in default then no action can be taken so stop worrying right now....

Ex-Spendaholic

It is absolutely identical to Roadsters stuff. :eek: I can't upload stuff now as I haven't got a scanner at home but can do it next week from work but it is as I say the same as Roadster's paperwork.

never-in-doubt

Ex-Spendaholic wrote: »

It is absolutely identical to Roadsters stuff. :eek: I can't upload stuff now as I haven't got a scanner at home but can do it next week from work but it is as I say the same as Roadster's paperwork.

LOL - thought it would be, its their standard terms they send everyone!

Read this page here - you'll see, its slightly confused me so i've asked for a second opinion!

http://forums.moneysavingexpert.com/showthread.html?t=2305463&page=12

roadster

Ex-Spendaholic wrote: »

It is absolutely identical to Roadsters stuff. :eek: I can't upload stuff now as I haven't got a scanner at home but can do it next week from work but it is as I say the same as Roadster's paperwork.

Hi

Looks like they have a bunch of these all photo copied and ready to post out. Dont fret too much NID is on the case and if its unenforceable he will guide us in the right direction. If its enforceable I will be doing the same as you and going for a F&F offer.

Fingers crossed for unenforceable.