Thread: JJB Sports Card - No Credit Agreement

Can anyone point me in the right direction for a standard letter to request a copy of the agreement i signed for this card back in 2001. I have noticed now that I am paying protection insurance on it because I owe more and therefore the amount is much larger, didnt notice before because only owed under £100. I dont recall asking for it and dont have a copy of the orignal agreement.

Thanks

KaneCole

PS the fight i am having with FirstPlus is still ongoing and now with the fos will keep you all updated when I hear more.

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Hello kanecole,

you can send a request for the missing cca using sections 77 to 79 of the consumer credit act 1974 as follows:

Section 77 of the CCA is a legal request for a true copy of your credit agreement, this also must include the terms and conditions, and a statement of the account.

78.
Duty to give information to debtor under running-account credit agreement.— (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F46 £1], 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 state of the account, and
(b)
the amount, if any currently payable under the agreement by the debtor to the creditor, and
(c)
the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.
(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)(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) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—
(a)
showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and
(b)
where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.
(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.
(6) 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.
(7) This section does not apply to a non-commercial agreement, and subsections (4) and (5) do not apply to a small agreement.

The fee is £1.00 and they have 14 days to respond or the agreement you have is in dispute you can stop paying and until they produce a valid copy of the cca they cannot request a legal ruling and after a further period of I believe 30 days they are committing an offence to request further payments. If you read other threads you will get the general idea.

No expert on this subject but you can only request a cca on existing accounts not closed accounts.

good luck

aa

Hi alanalana

Thanks for your help with the CCA request. JJB very quick to respond and I received a copy within 4 days.

Can anybody now help with how I word my response. The agreement sent is dated 21/8/01 my signature is on it but I didn't complete the form, it must have been done by the sales person as it is not my writing. The section for the 3D protection is just a ticked box which again i did not complete and neither was it ever explained to me. All I did was sign for the store card. How do I word this when I go back to push the miss selling ? Also I was never given a copy of the agreement originally.

Thanks

KaneCole

Hello kanecole,

not having seen your agreement it would be difficult for me to comment on especially as I do not know all the circumstances.

I would advise you to spend a bit of time searching through the threads to see if there is a similar line to yours. It is time consuming but it could reap benefits in that someone has already been down the same road you are going to take.

Sorry I cannot be of more help but when I am browsing the forum if I see anything that may help you I will copy and paste into your thread.

Hopefully some eagle eye will pick up on your thread and help a little more than I can.

aa

Hi All

JJB are still saying box was ticked for protection on the application form and we would have been sent paperwork etc.. But I am saying that because I did not complete the form just signed it and did not tick the box I did not agree to it and it wasnt explained to me either.

Because this card was taken out in 2001 can I send the complaint to the fos ? If not who can I complain to ?

Thanks

Kanecole

Hello kanecole,

I have complaints going back to 1997 with DLFS and RBS so far no satisfaction. The timescale depends on your claim

aa