Cca Requests Updates Please

fermi

blind-as-a-bat wrote: »

I know, but if there not even in the copy, it makes things a lot easier;)

Definitely.:) Just trying to get something sorted without going through anything unnecessary at this stage.

blind-as-a-bat_2

fermi wrote: »

Definitely.:) Just trying to get something sorted without going through anything unnecessary at this stage.

The problem is if those T&C's include the prescribed terms, they will just dance around sec 3 Consumer Credit (Cancellation Notices and Copies of Documents) Regulations1983

Pebbles can already counter that under sec two, but if the copy does not have the required eliments as defined in the Consumer Credit (Agreements) Regulations 1983, and thats not just prescribed terms, if its missing any bits at all it fails to comply with sec78(1) of the act.

I understand your wish to keep it simple, but simple is not working anymore

I would at least add the legabilaty issue under sec2 , to stop them trying it on with sec 3, as they can not argue against sec 2 if it is not legable;)

fermi

If the prescribed terms are not within the signature document then it matters not.

But it sounds as if they are not going to be found anywhere in that lot.:rolleyes:

The point of illegibility is relevant, but since they have also sent a copy of the current T&Cs they will no doubt claim that those are sufficient. We have seen that time and time again.

The reason to focus on the prescribed terms is precisely that they will play games as to whether they have complied with the s78 request.

It is fine to argue that point, but what really needs to be made clear to them is that the documentation as supplied should in theory be unenforceable even through the courts. As it is.;)

pebbles88

blind-as-a-bat wrote: »

Can you make out if it contains any prescribed terms?

the copied leaflet seems to just be a generic one. at the time of taking at the card (1998) the application forms folded out from the back of a leaflet (IYSWIM) it looks pretty much like that. its not specific to my account, I had the account where you got a visa and a mcard on same account.

on the terms and conditions that came with the replacement card, that printout has my credit limit on it (which is 10000 on this one, but at the time of first opening the account was 1000 only, they have raised it over the years). its listed under the Key financial information, then for the timing part it just says the minimum payment must be paid 15 days after the statement date. and that it will be 2.25% of balance of £5, whichever is greater.

pebbles88

my word, just reading through all the posts. I must admit i get a bit lost when dealing with all the diff sections

after i had defaulted them, they sent me a quite nasty letter about how if i doubted the fact that they had fulfilled the cca req then i could take any legal redress i deemed appropriate... i can post it on here if that helps?? they mention so many sections that i wouldnt know where to begin on it!

GeorgeUK

If the actual data is not on the agreement, but on another document, then this is not a CCA. You need to have agreed to the terms for it to be enforcable which means it is part of the document you signed.

pebbles88

ok here it is, I have to pop to see my Gran so thought id best post this incase im out a while.

Regarding your recent letter concerning the Banks alledged breasch of the CCA act, i would advise you of the following.

Any request for a copy of an executed agreement under s78(1), states that the company must meet its statuary requirements by providing a 'true copy' of the agreement relevant to the card product at the date the card agreement was made and providing that plus a copy of the current terms of the card product. These copies should be accompanied by the statement of financial information realting to the account.

The provision of the 'true copy' in this form is made in reliance of Regulations 3(2) and 7(1)(B) of the Consumer Credit (Cancellation notices and copies of documents) regulations 1983. Particularly 3(2) which permits the copy agreement not to show signatures of personal details that may have appeared on the application part of the document. There is no statutory requirement under the Act for us to ever give a copy to a customer with a signature on it.

As we have supplied a copy of the credit agreement that you agreed to upon receipt of your credit card and signed it, copy of the original and current terms and conditions of that card product, with the prescribed terms, a most recent statement showing the outstanding balance and advised you who to contact to discuss amounts due and owing, and future payments that must be paid. We have therefore met our obligations unders78(1) to provide a copy of that executed agreement and again we are satisifed that what was provided complied with the Regulations expressly made for controlling what is a 'true copy'

If you are unhappy with the timeframe in which that documents were received then please the matter to the attention of any Legal Redress open to you

I suggest that you take advice from your local Citizens Advice Bureau or other similar organisation if you continue to doubt the veracity of what we have told you about our having complied with our obligations under s78(1).

I must therefore inform you that we see no reason to enter into further correspondence with you about the alledged CCA Breaches you lay at our door. 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 or void and your indebtedness on this account remains due and payable and we will be pursuing for the full repayment. Any non payment of the account will be recorded on your credit file as will a default if non payment of the account continues thereafter.

This is the letter word for word. to me it seems as though it is not written properly in places..... as though they have missed words out:rolleyes:
I have been making token payments of £1 a month since january.
I will be back as soon as i can

debtlady

debtlady wrote: »

After a long wait for a CCA, I received this from the DCA. (See also http://forums.moneysavingexpert.com/showthread.html?p=20017823#post20017823)

http://s639.photobucket.com/albums/uu116/debtlady/

Can anyone advise please?

Can someone please confirm if this is enforceable? Many thanks

GeorgeUK

Debtlady, 2 things strike me from this.
1. At the top it states it is an application so there is a good chance this is not a CCA.
2. That's just about all i can read. A CCA must be easily legible for it to be enforcable. If this is the actual size of what you were sent then it is definately not a true copy and therefore unenforcable.
(opens at 53%, but at 100% still cannot read it).

10past6

debtlady wrote: »

Can someone please confirm if this is enforceable? Many thanks

It's difficult to read the text, but what I can see, it states "Application form" 99.9% application forms don't contain the presecribed terms, therefore making them unenforceable.