Cca Requests Updates Please

hariboh

Hi can someone please look at this cca and advise me whether its a true copy and has everything that needs to be on it please.

Requested cca in july, no reply, account went into dispute on the 4th august and this is the first i have heard back.

http://i691.photobucket.com/albums/vv278/grum61/IMAGE0012-1.jpg

natters_2

Hi - i think like mine it is the application form - these are the things that should be on it for it to be enforcable (I think) - other much more knowledgable people will reply soon
Copied from this thread

http://forums.moneysavingexpert.com/showthread.html?t=1868507


B Repayments
A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;
(b) Amount of repayments;
(c) Frequency and timing of repayments;
(d) Dates of repayments;
(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

C Rate of interest
A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit
This may be a term or the manner in which it will be determined or that there is no credit limit.

Which of these applies to you depends on the type of agreement you have?

For a Running Account (credit card) agreement

BC and D is applicable

hariboh

Thanks for the reply Natters

I have just been looking at it and their are no interest rate details on it or minimum payment details, and it looks like i have signed where the Clydesdale should have signed and vice versa

Any ideas on what to send them now

Thanks
Hariboh x

natters_2

the 12 + 2 day in dispute letter if you haven't done it already, - other than that nothing -if they are anything like cabot they will try and convince you that is indeed the CCA and you don't know what you are talking about - this morning I asked the woman on the phone to point out where the interest was stated - she said what interest are you disputing (as you can see they really listen to what you are saying!) and she finally had to admit that it wasn't the CCA and they would "put the account on hold, while they got the "correct" documentation.

BlueJeans_2

BlueJeans wrote: »

Morning All

I wonder if somebody could take a quick look at the letter I rec'ed this morning from Skycard.

I rec'ed this letter along with all my statements and the docs that they 1st sent me after I requested CCA.

http://s847.photobucket.com/albums/ab39/xxxBlueJeansxxx/?action=view&current=Skycard26thSeptPg1.jpg

http://s847.photobucket.com/albums/ab39/xxxBlueJeansxxx/?action=view&current=Sky26thSept-1.jpg

http://s847.photobucket.com/albums/ab39/xxxBlueJeansxxx/?action=view&current=002.jpg

Hope the links work ok as Photobucket isn't my strong point:o.

Here is the links for the docs already sent to me and were included with the above letter.

http://s847.photobucket.com/albums/ab39/xxxBlueJeansxxx/?action=view&current=Skycard2.jpg

http://s847.photobucket.com/albums/ab39/xxxBlueJeansxxx/?action=view&current=Skycard3.jpg

http://s847.photobucket.com/albums/ab39/xxxBlueJeansxxx/?action=view&current=Skycard4.jpg

My gut feeling is telling me that this is enforceable but I would be grateful if someone with more knowledge could have a look.

Any help would be greatly appreciated as ever.

TIA

Blue

Just a bump to the above.

I have been advised to go for a SAR as it is an online application although there at least should have been a ticked box showing that I agreed to their T&C's - any other thoughts?

Thanks
Blue

stapeley

You may be stuffed with online agreements , C C ACT was changed to allow for online agreements .

hariboh

natters wrote: »

the 12 + 2 day in dispute letter if you haven't done it already, - other than that nothing .

Thanks again Natter

I have already sent dispute letter on the 4th August.

I will need to send them something or they will start phoning my work again :mad:

natters_2

in that case i would send them something along the lines of this account is still in dispute as you have failed to provide the CCA as requested and I will bring down the full force of every agency and MSE'er I can unless you stop bothering me - there is bound to be a template letter around here somewhere for this scenario.

BlueJeans_2

stapeley wrote: »

You may be stuffed with online agreements , C C ACT was changed to allow for online agreements .

Thanks for your reply.

Do you know what date the changes happened? My card was taken out at the end of 2006.

GeorgeUK

I believe for online credit agreements, anything before 31st December 2004 still required a signature, but not after this.
Consumer Credit Act 1974 (Electronic Communications) Order 2004
http://www.opsi.gov.uk/si/si2004/20043236.htm

I'm afraid i've not looked into these online ones before - have enough trouble going through the legalese of the CCA74. I don't believe that the 2004 agreement altered what was required by the prescribed terms though so if they've missed anything then it may be unenforcable. Since they can put pretty much anything they want in a document you haven't physically signed though, i don't fancy your chances.