Cca Requests Updates Please

50broke

help please, could someone let me know what to say in 2nd letter after receiving only terms and conditions from cc. after cca request.... many thanks

rog2

50broke wrote: »

help please, could someone let me know what to say in 2nd letter after receiving only terms and conditions from cc. after cca request.... many thanks

Just send them the standard 12+2 day letter that you will find in post 6 of the following thread:

http://forums.moneysavingexpert.com/showthread.html?t=963087

There's no need to point out their error - they are probably relying on the fact that you don't realise that what they have sent you does not constitute a true copy of the original consumer credit agreement.

50broke

hi rog2
sorry to appear thick.... but just send copy of original request.. without the £1.oo ? as a 2nd letter many thanks

rog2

50broke wrote: »

hi rog2
sorry to appear thick.... but just send copy of original request.. without the £1.oo ? as a 2nd letter many thanks

Click on the link, then scroll down till you reach 'Post' no 6 - posted by GeorgeUK.

I would 'cut and paste' but am not sufficiently computer literate.

BlueIsTheColour

Well it must have been my days for useless responses, have had one from Moorcrap and BCard today, both worth nothing I believe but would value peoples opinions if possible???

Moorcroft first.... From my limited knowledge its clearly an application form, which I do remember filling in in a Sainsburys store. Moorcroft have kindly given me til Mid April to contact them to arrange a payment, haha!!



And then the biggest waste of space from BCard, a photocopy of conditions which dont even contain any of my details, so worthless me thinks, and am sure they arent the conditions that were in place when I took the card as am sure their logo didnt look like that then.....

All advice would be very gratefully received.....

blind-as-a-bat_2

The Sainsburys one is not very clear but i cant see an APR quoted anywhere, so is missing a prescribed term so is unenforceable

And as you say the barclaycard it is not enforceable by a court, but does seem to be enough to comply with your sec78 request, as defined in the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations1983, sec 2+3, if its legable, from that copy i would say its not, but that may just be the scan.

If its as blury as it is on here though, it would fail to conform with sec 2

BlueIsTheColour

Thanks Blind-as-a-bat, so am I right in thinking now that I can basically tell both of them to run away fast?

Am confused about the Barclaycard one, as it contains none of my information so how is it pertinent? Or does it not have to contain it?

50broke

I agree with you about the Barclaycard, as I said in previous thread, they sent me exactly same thing, no mention of any of my, or your details, surely could someone advise whether there should be at least our name and date on it...................Help, please from more experienced peeps!!!!!!!!

blind-as-a-bat_2

3 General requirements as to form and content of copy documents
(1) Subject to the following provisions of these Regulations, every copy of an executed agreement, security instrument
or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act
shall be a true copy thereof.

(2) There may be omitted from any such copy--

(a) any information included in an executed agreement, security instrument or other document relating to the debtor,
hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the
Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed
agreement delivered to the debtor under section 63(1) of the Act, the date of the signature by the debtor of an
agreement to which section 68(b) of the Act applies);

(c) in the case of any copy of an unexecuted agreement delivered or sent to the debtor or hirer under section 62 of
the Act, the name and address of the debtor or hirer; and

[(d) in the case of any copy of an executed agreement given to the debtor under section 77(1) of the Act for fixedsum
credit, or under section 78(1) for running-account credit, under which a person takes any articles in pawn, any
description of the article taken in pawn.]

Thats section 3 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations1983, (C) does not apply to a CCA sec77/78 request, Sec (A) does not allow things required by the Consumer Credit (Agreements) Regulations 1983 to be ommitted, except the sig box, in schedule 1 para 2 of the Consumer Credit (Agreements) Regulations 1983 it states

Parties to agreement
TYPE OF AGREEMENT
2. All types

(1) The name[, postal address and, where appropriate, any other address] of the creditor.
(2) The name[, postal address and, where
appropriate, any other address] of the debtor

So a 'true copy' should contain your name and address the way im reading it

fermi

blind-as-a-bat wrote: »

So a 'true copy' should contain your name and address the way im reading it

I'm told that is the way the OFT look it as well. But despite asking, they won't confirm that. To me anyway.