Thread: request under request under the Consumer Credit Act sections 77(1) and 78(1) refused?

i requested an original copy of the agreement from barclay card under the Consumer Credit Act sections 77(1) and 78(1), they sent a statement and a copy of the application form, but refused a copy of the deed of assignment claiming it is a commercially sensative document, is this a breech of my rights or can they do that, also not excactly sure what a deed of assignment is

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As the Deed of Assignment is NOT covered by a CCA request they are completely within their rights to refuse to supply you.
All the CCA covers is the executed agreement and a statement of account showing amounts owing and payment schedule.

The DoA part of the request is only really useful when sending a CCA to a DCA to prove that they can collect a debt.

GM, sorry but I think you are getting confused.
Here's the wording for CCA74 s77

77.—(1) The creditor under a regulated agreement for fixed sum credit, within the
prescribed period after receiving a request in writing to that effect from the debtor and
payment of a fee of one pound, shall give the debtor a copy of the executed
agreement (if any) and of any other document referred to in it, together with a
statement signed by or on behalf of the creditor showing, according to the information
to which it is practicable for him to refer,—
**(a) the total sum paid under the agreement by the debtor;
**(b) the total sum which has become payable under the agreement by the debtor but
remains unpaid, and the various amounts comprised in that total sum, with the
date when each became due: and
**(c) the total sum which is to became payable under the agreement by the debtor,
and the various amounts comprised in that total sum, with the date, or mode of
determining the date, when each becomes due.

(2) If the creditor possesses insufficient information to enable him to ascertain the
amounts and dates mentioned in subsection (l)(c), he shall be taken to comply with
that paragraph if his statement under subsection (1) gives the basis on which, under
the regulated agreement, they would fall to be ascertained.

(3) Subsection (1) does not apply to—
**(a) an agreement under which no sum is, or will or may become, payable by the
debtor, or
**(b) a request made less than one month after a previous request under that
subsection relating to the same agreement was complied with.

(4) If the creditor under an agreement fails to comply with subsection (1)—
**(a) he is not entitled, while the default continues, to enforce the agreement;
and
**(b) if the default continues for one month he commits an offence.

(5) This section does not apply to a non-commercial agreement.

As you can see there is NO mention of the DoA at all.

The DoA is merely the legal paperwork for the OC to sell the debt to the DCA.
As Goldlady mentioned it may refer to the value that the DCA paid for the debt.

Hi I think the misconception here is the CCA request this is what you are entitled to receive :-
A 'true' copy of your credit agreement and any document referred to in it. You are also entitled to request a signed statement showing the status and balance of your account and the sum required to discharge your indebtedness.

As far as I know the Deed of assignment is not covered by the CCA 1974 request.

all the best dpick