Thread: Copy of your credit agreement under the Consumer Credit Act 1974 - Way to go?

I just wanted to see what those in the know think about this. I honestly do not remember ever having signed a credit agreement with Egg. I may well have done and just simply forgotten about it, but what if i didn't sign one?

What i am asking is:

1. If no signed credit agreement can be produced, is it worthwhile pursuing this to attempt to get the account discharged?
See here -> http://www.consumeractiongroup.co.uk...sa-no-cca.html

2. As Egg's charges are close to the outstanding balance, is it better to just proceed with reclaiming the charges via the usual route?

3. I did see a template letter under the "Creditors and DCAs - Letter Templates & Budget Planner" and wondered if this letter was appropriate?

• Letter N - Ask your creditor for a copy of your credit agreement under the Consumer Credit Act 1974

http://www.consumeractiongroup.co.uk...templates.html

There was another post regarding these issues, about 90 pages long last time i looked, but do you think I can find it now? Anyway, please give your feedback on these issues.

Similar Threads:

• Consumer Credit Act 1974 s76
• Consumer Credit Act 1974 - Need Copy
• Cosumer Credit Act 1974...copy online

It al depends on wht you want to acheive?

What i wanted to achieve initially, was the refund of £796ish in charges. At the time i started my claim with the SAR to Egg, they were playing hardball and claims were taking forever to get to the court stages and then getting set aside etc, etc.

I then noticed the CCA posts and thought i would ask if this would be a way to get the Egg card account discharged, as at present the outstanding balance is very near to the amount i would claim in unfair charges.

So basically, all i wish to achieve is to get £800ish one way or another, depending upon which way was going to be quicker, see?

Hi desiuser

The 12 working days rule is for making a request under the Consumer Credit Act 1974 - you'll see it abbreviated to 'asking for a CCA' or similar through the site. This costs £1. The letter template for it can be found here http://www.consumeractiongroup.co.uk...templates.html (letter N).

I have started using the one below though as I found the creditors were missing stuff off then saying I hadn't asked for it. I can't remember who wrote the letter below, but it's worked for me (so thank you whoever it was!) It's up to you which you use - they're both fine.

Dear Sir/Madam

Re:− Account/Reference Number xxxxxxxxxxxxxxxxxxxxxxxxx

With reference to the above agreement, I require that you provide me a true copy of the credit agreement

I am aware that section 78(1) of the Consumer Credit Act 1974 sets out clearly what is required to comply with my request and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it” For clarification I require a copy of the agreement, any terms and conditions from the time when the agreement was executed, together with a copy of current terms and conditions and a copy of the cancellation notice if the agreement refers to “Your Right to Cancel” within it. I also require a statement of account as laid out within Section 78(1). If there weren’t any terms and conditions then please confirm this in your response

I am entitled to receive the information on request. I enclose a payment of £1.00, which represents the fee payable under the Consumer Credit Act 1974.

I note that section 172 outlines that statements by creditors are binding where made under inter alia section 78(1) and I take this to be that any reply made in response to this request is binding upon you. Therefore you should ensure that all documents requested are supplied. Any missing documents will be considered not part of the agreement and could therefore affect the enforceability of anything you send.

I understand that Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 (SI 1983/1569) at regulation 2 sets out the required time frame for compliance with this request as being 12 working days from receipt

Should you fail to comply with my request as outlined above, I shall consider the account in dispute. I am aware that where a creditor fails to supply the requested information the creditor’s rights to enforcement are restricted until such time as they comply. I am also aware that there are certain terms that are required to be within the “Agreement” and should these terms be mis-stated or not present the agreement can be rendered unenforceable in law.

Notwithstanding the above, I note that the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) at Regulation 3 allows the signature box and signature, to be omitted in a copy document, but that the copy document must be a ‘true copy’. This means identical in both form and content (including all prescribed terms as required), to the signed, executed, original agreement, as presented or sent to the debtor for signature.

I respectfully request that you provide a copy of the original agreement signed by me that you hold on file, and while I accept that you can omit the signature box for the purposes of compliance with my request, you will be aware that any challenge to the agreement in court would require the signed copy of the original agreement.

If you still reject this, please provide clarification on the status of the Original Credit Agreement and confirm either that you hold the original signed agreement on file, or a copy of it on microfiche, or that you no longer hold the file

I look forward to receiving this information within the time frames as indicated above

Yours faithfully


The Data Protection one is an SAR, and this is 40 calendar days, but it includes much more information, so useful if you are going for charges or trying to find out more about your account/agreement. This is the one that costs £10. The complete request letter I use is this:

DATA PROTECTION ACT 1998

Subject access request

Dear Sir/Madam

Re: Mr/Mrs xxxx

Account No: xxxxx

I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal credit cards.

Please supply me with a complete list of transaction and charges relating to my history with your organisation, INCLUDING credit cards and payment protection insurance. Alternatively a complete set of statements for the accounts or associated accounts is acceptable.

To clarify, I would be grateful if you would provide the following for the credit card account I have with your organisation, details as below:

- Full copies of all contracts which you believe exist or have existed between myself and your organisation, including true copies of any original documents and their original associated terms and conditions you hold in support of the same.

- A complete list of all transactions or statements relating to my credit card account held with your organisation.

- Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

- Full copies or transcripts of any correspondence in postal, email, telephone or any other format which you have entered into with me, or any other individual, organization or third party which contains my personal or financial, or which pertains to me.

- Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

- Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

I enclose a postal order in the sum of £10 to cover your fee.

IF YOU UNABLE TO DEAL WITH ANY PART OF THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROCECTION.

I look forward to hearing from you in the first instance of receipt.

Yours faithfully


Do not sign anything you send to the bank/DCA with your actual signature, in order to avoid any temptation they may have to 'Blue Peter' documents to make it look as though you agree to them.

This is very important if you're asking for your agreement under the CCA1974, as you really don't want them to be able to turn up a signed, enforceable agreement if there wasn't one to begin with. They do not need a sample of your signature to send this out, whatever they say, but to try and avoid the extra paperwork in telling them this, it's best to put something down.

Some people print rather than sign, others change their signatures (add in letters, make it very different etc) to stump them, or print a background box with colours/patterns to make the possibility of photoshopping very tricky. I like to use a digital version as it means I don't forget and accidentally use my own sig. I use this site if you want to have a look - vLetter Free Font Demo Online - Try Our Real Cursive Handwriting Fonts


I hope this helps you a bit. Do remember if you start anything with any creditors to begin your own thread so that you can get help personal to your problems.


The best advice at the moment for you though would be to take a few days to look at as many threads as you can in order to try and familiarise yourself with some of the tactics used by creditors in order to arm yourself against them (you will be overwhelmed to begin with but things will start sinking in). Knowing that they are doing the same thing to many many other people can be a big help when you feel you're at the bottom. More so when you find that they are frequently empty threats, and someone will have written a suitably scathing response letter that you can use to help you along!


Lexis

(b) if the default continues for one month he commits an offence.

This no longer applies, it's just the 12 days, there's no longer a criminal element.

Hi Talbot

I'm sorry you're having problems. You'll find you will get a better response if you open up your own thread. This way other members will be able to give you personal advice and it won't be lost in a thread that may not be relevant to you.

With regards to what has happened so far though, without a cca they're stuffed for the time being. You do not have to pay them whilst the default continues, however they can still continue collection activities. They can't carry out enforcement though, which I would argue is them collecting/issuing defaults etc, but they will say is only court proceedings.

If they really have no cca then they can not prove you own the debt. From there you can go on to (hopefully) have it declared unenforceable by a court, or possibly get them to write off the debt/accept a very small f+f offer as a gesture of your goodwill.

If they turn up with a cca, you really will need to start a thread and get it scanned and posted up so that other people with far more knowledge than me can advise you!

Either way, have a good read around on here and get a bit of info on how they will deal with you. Read through the other b/c threads and get a feel for the sort of letters/phonecalls they will start sending when they realise you haven't paid. This will at least give you more confidence when replying to them, as you'll know they are templated letters and phonecalls made using scripts - this will help alleviate a little of the anxiety you may be facing.

HTH.

Lexis