Can I get some advice please

fatbelly

Max_and_sasha wrote: »

Can someone please tell me if this is correct?

I phoned robinson way earlier regarding the cca request that they returned with the postal order, they basically told me that a store card which this account with them is ,( old comet account for a washing machine) does not have or require to have a CCA,

Does anyone know as I thought it was only overdrafts or mobile phone contracts that didn't need cca,s

Thanks

Max

They are wrong, whether it was a store card or a credit sale agreement.

Clearly they have no copy agreement on this one. Unless and until they reconstitute one, this account is unenforceable under s77-79 CCA

Refer them to CONC 13.1.6

Max_and_sasha

Thanks for the reply fat belly, what is my next move on this account?

Thanks

Max

sourcrates

Max_and_sasha wrote: »

Can someone please tell me if this is correct?

I phoned robinson way earlier regarding the cca request that they returned with the postal order, they basically told me that a store card which this account with them is ,( old comet account for a washing machine) does not have or require to have a CCA,

Does anyone know as I thought it was only overdrafts or mobile phone contracts that didn't need cca,s

Thanks

Max

As Fatbelly says, utter rubbish.

Never phone these people, most of the staff haven't a clue about the consumer credit act, or its requirements.

Do it in writing and you will get the right dept responding to you (compliance).

Max_and_sasha

Thanks for your reply sourcrates I appreciate all the help you and this forum is giving me and my wife, allegedly they have sent me out a letter saying this. I will not phone them again, what do you suggest is my next step


Thanks

Max

sourcrates

Write back quoting the links Fatbelly has given you.

A store card is a running credit agreement, as such it is covered by CCA.

There ignorance of that fact in no way diminishes there responsibility to comply with your request.

fatbelly

Wait and see what the letter actually says.

I must admit I was a little confused by saying it was a store card, and then saying it was for a washing machine. A store card as sc says is running credit and not for a specific item.

But either way, I cannot at the moment see how this would have been an agreement not covered by the CCA.

Max_and_sasha

Hi fatbelly and sourcrates, I got a response from robinson way


The letter is

Thank you for your recent correspondence in which you have submitted a formal consumer credit act request

Please note that as this account relates to a store card account, there is no legal requirement to sign an agreement to open this type of account

It is therefore exempt from part V of the consumer credit act 1974 amended 2006.

We will still however request for you a copy of your statements and terms and conditions of the account and your £1.00 fee will be returned to you under separate cover

Your account will be held until the requested documentation has been received, should you have any queries or concerns during this time ,please do not hesitate to contact us

What do you guys think

Thanks
Max

fatbelly

It could possibly be exempt under s74 of the act - if it was for under £50 of credit and only to be used to purchase the one item and the credit was supplied by a third party.

A store card would not be exempt as I understand it - it would be helpful if they could state the section they are relying on and how the account meets the necessary criteria.

I must admit, if I got that argument at work (CAB) I would be running it past our Expert Advice Team.

Max_and_sasha

Hi fatbelly

It was for a washing machine , I can remember signing paper work as they would not just give me a washing machine without signing some sort of agreement eh ?

What does anyone suggest my next step is?

Thanks again

Max

sourcrates

Max_and_sasha wrote: »

Hi fatbelly

It was for a washing machine , I can remember signing paper work as they would not just give me a washing machine without signing some sort of agreement eh ?

What does anyone suggest my next step is?

Thanks again

Max

How much do you owe on this account ?

For a washing machine it cant be that much.

Every piece of information i look at suggests store cards are CCA regulated, so i am thinking only a court could decide this one way or another, without having the relevant paperwork to look at its impossible to say, its your word against theirs.

Depends how far you want to take it.