HELP - CCA advice please

lorri2001uk

Hi All,

I after requetsed my CCA from Halifax, they responded with a letter detailing my terms and two copies of a credit agrement, both of which are not signed or dated by me. They also state in the letter that: "we are not required to rpovide a copy of the original signed agreement under section 78 of the consumer credit act". Is this rubbish they are talking?? I thought that they ahd to provide you with the original signed copy..? bit lost now....can anyone advise..?! thanks

fiveyearplan

They are required to send you a legible copy of the agreement. Anything without a signature can't possibly be an agreement.

RAS

lorri2001uk wrote: »

Hi All,

I after requetsed my CCA from Halifax, they responded with a letter detailing my terms and two copies of a credit agrement, both of which are not signed or dated by me. They also state in the letter that: "we are not required to rpovide a copy of the original signed agreement under section 78 of the consumer credit act". Is this rubbish they are talking?? I thought that they ahd to provide you with the original signed copy..? bit lost now....can anyone advise..?! thanks

Lorri

We need to know a bit more about this debt, please.

What was the debt for?

It may be a debt that is covered by section 77 of the Act for instance, or is it a bank account?

xxxMistyxxx

lorri2001uk wrote: »

Hi All,

I after requetsed my CCA from Halifax, they responded with a letter detailing my terms and two copies of a credit agrement, both of which are not signed or dated by me. They also state in the letter that: "we are not required to rpovide a copy of the original signed agreement under section 78 of the consumer credit act". Is this rubbish they are talking?? I thought that they ahd to provide you with the original signed copy..? bit lost now....can anyone advise..?! thanks

This is exactly whats happened to me mine is a credit card, but I dont know what to do next?

Broken_hearted

Halifax are just sending out junk to people in the hope they will accept it and pay up. We are having a poopy time with them at the moment as the debt is somewhere between them and a DCA and no-one seems to know whats going on.

le_fevre

I have had a letter back from nat west who say they don't have to provide me with a signed copy. Is this correct? They have provided me with the partial agreement but no signature. Could I write to them and say I don't accept and that the agreement is now unenforceable?

le_fevre

you mention a second letter and a bog off letter. where would I find the templates for those? Thanks

pebbles88

sorry got threads mixed up!!

purplealan

Sorry if this has already been answered this within this thread but any help would be greatly appreciated. I have received a reply from the Halifax following my request for my original CCA. Their reply was to send the 'executed agreement' and their 'credit card conditions of use'. They also stated within the cover letter, and i quote:

'Please note that the information we have provided you with is all the information we are required to provide you with under section 78 of the consumer credit acr. Please also note that we are not required to provide a copy of the original signed agreement under section 78 of the consumer credit act.'

So, what does this mean, can they with hold the agreement? Do they have the agreement or are they not legally obliged to send it?

Is there a next step?

Again any help would be greatly appreciated

rog2

purplealan wrote: »

Their reply was to send the 'executed agreement' and their 'credit card conditions of use'. They also stated within the cover letter, and i quote:

'Please note that the information we have provided you with is all the information we are required to provide you with under section 78 of the consumer credit acr. Please also note that we are not required to provide a copy of the original signed agreement under section 78 of the consumer credit act.'

It must be a copy of the original executed agreement. Please check to see that it is not a copy of the agreement currently in force - this can, often, be identified by current charges as opposed to the charges in force at the time you took out the agreement.

They are, strictly speaking, correct in that they do not need to supply a copy of 'the original signed agreement' although it must be a true copy of 'the original executed agreement'.

If you find that what they have sent is not the original executed agreement then, after 12 working days from receipt of your request, they are in default and would need to seek permission from the Courts to enforce the agreement.

Have you sent the '12+2 day' letter? This informs them that they are in default.