Cca Requests Updates Please

Eupho

So much for 'waiting' for my replies..
I only posted my CCAs requests.. not even 48hrs ago .. and Barclaycard has already replied.

Anyway.. it looks like a load of ole rubbish to me.. not quite what I was expecting.
It's just two photocopied sheets... (Looks like bog standard template stuff of T&Cs) ..

The cover letter is short.. and says something like:

Ref: Section 78 of the CCA 1974.

I write further to a letter requesting a copy of your executed agreement for the above account.

Please find enclosed A copy of the T&Cs at the time you opened your account.

(which I THINK was in about 2000/1)

A copy of your current credit limit. Current balance. Next min Payment.

'Please note a copy of your current T&Cs will be sent under separate cover'

The information we must provide to you under the terms of the section 78 is prescribed by the CCA 1974 and by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

and that I will be~ 'Receiving your next statement shortly which will provide you with the full details of your account' (huh?? Do they mean just a 'Usual Statement'?)

Other than the letter itself.. It just two pieces of paper with loads of teeny T&Cs on it.. There is nothing on it relating to me or our 'contract' ..

Sooo.. what does this mean?

:wave:

blind-as-a-bat_2

It means you will never see an actual copy, they are playng word games with you to try 'put you of'

However, what they send you must contain all the required elements as defined in the Consumer Credit (Agreements) Regulations 1983, it must also be easaly legable.

Can you scan and post what they have sent?

Eupho

blind-as-a-bat wrote: »

It means you will never see an actual copy, they are playng word games with you to try 'put you of'

However, what they send you must contain all the required elements as defined in the Consumer Credit (Agreements) Regulations 1983, it must also be easaly legable.

Can you scan and post what they have sent?

Helloo :wave:

I have no scanner.
It's sooo small even I can hardly see the print with my own eyes! :mad:

I cant see anything on it about me.. There's no signature or anything. Just the two sheets of T&Cs.. :undecided

blind-as-a-bat_2

Eupho wrote: »

Helloo :wave:

I have no scanner.
It's sooo small even I can hardly see the print with my own eyes! :mad:

I cant see anything on it about me.. There's no signature or anything. Just the two sheets of T&Cs.. :undecided

Its hard for me to comment on it unless i can see it, but if you can not read it they have not complied anyway under sec 2 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

One other thing you can do, if you can make it out, is look for this phrase

MISSING PAYMENTS
Missing payments could have severe consequences and make
obtaining credit more difficult.

as that would not be there if it was a pre 31 may 2005 agreemant, if it is there it is not even a true copy;)

There are others, but that is usually the easiest to spot:D

Eupho

blind-as-a-bat wrote: »

Its hard for me to comment on it unless i can see it, but if you can not read it they have not complied anyway under sec 2 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

One other thing you can do, if you can make it out, is look for this phrase



as that would not be there if it was a pre 31 may 2005 agreemant, if it is there it is not even a true copy;)

There are others, but that is usually the easiest to spot:D

Brilliant! thanks Blind

I will look now.. (sorry I was blabbering on the DMP thread).. :rotfl:

Eupho

blind-as-a-bat wrote: »

Its hard for me to comment on it unless i can see it, but if you can not read it they have not complied anyway under sec 2 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

One other thing you can do, if you can make it out, is look for this phrase



as that would not be there if it was a pre 31 may 2005 agreemant, if it is there it is not even a true copy

There are others, but that is usually the easiest to spot:D

Hmmm.. well I have looked and cant see it.. so maybe it a 'true copy'

Oh.. btw the way.. that missing payment thing.. Is that true of all the CCAs I will get back? .. Do I need to look for that on each of them? .. or is it different for each creditor?.. (sorry to be a dope)

Anyway.. back to this one.. If this is maybe all I am going to get from them. Nothing with any actual 'signed agreement' .. nothing with any date or signature etc.. ... Is this one just left here. Finished? (as far as I can go)

:wave:

Eupho

I'm tempted to write to them an say

'Oy! thats not what I asked you for..
I asked you for: a true copy of the original signed agreement together with an up to date statement of the account showing all transactions, including interest and charges, and a copy of any other document referred to in the agreement*

not a flamin photocopy of a load of Terms and Cons blurb.. Nice dodge!.. Now send me a true copy of the original signed agreement.


:rotfl:

blind-as-a-bat_2

the Consumer Credit (Agreements) Regulations 1983 where substantialy changed on the 31 may 2005.

A CCA must be laid out and worded in a specific way, with very prescise wording.

While if they get the wording wrong it usually does not help regarding enforceabilaty unless its a prescribed term, but it is usefull when the send docs claiming to be a 'True Copy'.

Any agreemant before the 31 may 2005 did not need to include that paragraph as it was added in those changes, so is a good indicator, if the 'true copy' is at least from the right side, if not, (and i have one:p) they are still in default, by there own argument:D

The next thing you could do is send an SAR, they are supposed to send exact copies to that, but that does not always work either and cost £10.

There is a getout in the wording of the DPA that means they could still avoid sending an exact copy.

To be honest, this has become the norm, they may or may not have the origanal, dont take it as read they havnt, but the omnly way your likely to find out now is if they take it to court.

If it is that illegable, then i suggest you reject it in writng for non complience under sec 2 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983, And suggest the copy of the origanal they SHOULD have may produce a more legable copy:p

Eupho

blind-as-a-bat wrote: »

the Consumer Credit (Agreements) Regulations 1983 where substantialy changed on the 31 may 2005.

A CCA must be laid out and worded in a specific way, with very prescise wording.

While if they get the wording wrong it usually does not help regarding enforceabilaty unless its a prescribed term, but it is usefull when the send docs claiming to be a 'True Copy'.

Any agreemant before the 31 may 2005 did not need to include that paragraph as it was added in those changes, so is a good indicator, if the 'true copy' is at least from the right side, if not, (and i have one:p) they are still in default, by there own argument:D

The next thing you could do is send an SAR, they are supposed to send exact copies to that, but that does not always work either and cost £10.

There is a getout in the wording of the DPA that means they could still avoid sending an exact copy.

To be honest, this has become the norm, they may or may not have the origanal, dont take it as read they havnt, but the omnly way your likely to find out now is if they take it to court.

If it is that illegable, then i suggest you reject it in writng for non complience under sec 2 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983, And suggest the copy of the origanal they SHOULD have may produce a more legable copy:p

Well.. I can read it.. (but only if I squint my eyes super tiny.. and get stoned off the ink fumes because my nose is on the paper!!)

haha..

Anyway.. is it worth bothering with the SAR?

Edited to add: .. Oh you answered that really didnt you.. :rotfl::rolleyes:

and well done for you having a 'fake' .. :rotfl::T

blind-as-a-bat_2

im a bit 50/50 wether an SAR is worth it, but it does give a bit more ammo IF it ends up in court sometimes, depends on if you can afford the tenner too.

You would/should get a full set of statemants, wich may be useful if you know there are a lot of charges you may be able to claim back, but i dont know that much about that bit im afraid