I have just found out from another post on this site that a creditor can hide behind 'true copy' regulation when debters apply for a cca. This means that they will send out terms and conditions and if it goes to court they can then pull something else out of the bag. I am therefore going to print amend this, print and send it tomorrow, any suggestions would be welcome Dear Sirs Account number I write with regards to the above account with your organisation. I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed. obviously if the agreement is improperly executed i would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement. I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document. I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides I look forward to your reply and would ask for a response by 21/01/09 Regards xxxxxxxxxxx

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I dont think the garage exists anymore.

ok. I have received a letter (below which I just tyoed in as my scanner is broken) from bc today - I write further to the letter whereby you note disatisfaction to the documents you received to a request made under section 77/78 of the consumer credit act 1974 Firstly, credit cards are regulated under section 78. Section 78(1) of the act stated that the creditor shall give the debter a copy of the excuted agreement and a statement of account which is practicable to refer. Regarding a statement of account which is practicable to refer, the letters which we send in responce to a section 78(1) request includes this information. To cover the issue of executed agreement. HOW DOES THE ACT DEFINE AN 'EXECUTED AGREEMENT'? 'Executed agreement' is defined in section 189 of the Act as 'a document, signed by or on behalf of the parties, embodying the terms of a regulated agreement...' WHAT DO THE RULES SAY ABOUT PROVIDING A COPY? The consumer credit (cancellation notice and copies of documents) Regulations 1983 ('The Regulations') made under the act deal with how we are to provide a 'copy' of the agreeent. These regualtions provide that any copy of the agreement supplied to a debter should be a 'true' copy. Regulation 3(2) provides that a copy may omit certain information, which allows you to be provided with a true copy, not a complete copy. WHAT HAPPENS IF THE ORIGINAL AGREEMENT HAS BEEN VARIED SINCE IT WAS ORIGINALLY SIGNED? The regulation also set out what should happen where the agreement has been varied since it was signed. Regulation 7 provides creditors with a choice of including in the copy of the executed agreement either a copy of the latest notice of variation relating to each discrete term which has not been varied. Regulation 7 does NOT state that the copy of the agreement shall include a statement of the original terms as well as a statement of the varied terms. Regulation 7 allows us to provide you with a 'true copy' which sets out the terms and conditions current at the time of provision of the copy. CONCLUSION IN RELATION TO THE DOCUMENT WE HAVE TO PROVIDE A 'copy' of an agreement will satisfy the requirements even if the signature box and/or the signatures are not included as clarified by regulation 3(2) of the consumer credit (cancellation Notice and copies of documents) Regulations 1983 The definition of 'executed agreement' refers to a document embodying the terms of the regulated agreement. When this is read with with Regulation 7 - for agreements that have been varied - a copy of the original agreement would not embody its terms. A copy of the agreement as varied would embody its terms. The issue of what is an executed agreeent has been interpreted in th High Court. It was held that an executed agreement begins as a credit agreement which is sent to the cardholder when they receive their credit card: therefore, establishing what is the original executed agreement. When the agreement has benn varied, Regulation 7 mentioned above applies. To summarise, if the agreement has not been varied, we must send the origanal executed agreement: this would be the credit agreement which is currently regulated. If the credit agreement has been varied, we must send the current credit agreement as this will contain the terms of the regulated agreement. We have sent you this and the original executed agreement for reference. I hope this letter has helped with your concerns about the documents you have been supplied with under section 78 of the consumer credit act 1974. As our response fulfils the obligation under Section 78 of the Consumenr Credit Act 1974, you should carry on paying the debt you have accured on your account. We do not class the account in dispute, as you have been supplied with the relevent documentation under Section 78 of the Consumenr Credit Act 1974 and we will carry on with collection serices. Yours Sincerly Court Orders and Disclosures.

The car did not have a sticker on it. In fact the dealer even suppied me with a history for the car with the false milage.

I have passed this on to trading standard and am waiting for a reply

Hi firstly i do not have the car anymore. the px was completeted at a lower cost to myself. Unfortuatly I not allowed to name garage that sold me the car but they no longer exist. i contacted consuner direct and they reffered me to trading standards

I purchased a used Ford Galaxy 1.9 diesel automatic from a garage in Lincoln in April 2007 with a mileage of 106000. In the first month the gearbox had to be replaced at extra cost to myself as when I contacted the trader I was told that the warranty company would see to fixing it. The warranty company refused. Since then I have had numerous other bits and pieces of work carried out and have decided to cut my loses and part exchange the car for something else. Today I purchased a car from another garage offered the Ford Galaxy as part exchange with mileage of 121000. The garage completed a hpi check and informed me that in September 2006 the Ford Galaxy had a mileage of 217000 which was showing as all ner MOT certificates are computer linked and record mileage. I was sold the Galaxy with history showing mileage up to 980000 and that it was a fleet car. I contacted the fleet company today and was informed that the car was never registered on their books and that all the paperwork I have which was supplied by the garage is a forgery. Is there any advise that you can give.

are they allowed to add any interest?

Hi thereisanotherway Have you received anything else from Halifax regarding a cca?

Hi Jessica87 Have you sent them a cca request yet? If not send one. Also DO NOT ring them demand everything in writing.

received a letter today from halifax. baisically telling me that they are required to give me notice or contact the office of fair trading.

Just received a letter from Calder Financial. They are passing the debt to a local representative who may call at my home to secure full payment. Is their a letter that I can write.

Hi all I have lately started receiving call from Calder Financial, and I think my account has been passed to them. I answered one on Saturday thinking it was from someone but know they don't stop. Are they allowed to pass this on even when the account is in dispute?

Hi I have this morning received 2 letters - 1 from Scotcall who are acting on behalf of Mercers and are now advising me that if i don't contact them it may lead to a personal visit or may lead to legal proceedings. The second from Brclaycard with a copy of my terms and conditions. again unsigned. Should I send Scotcall a letter telling them that I have not yet received a signed cca yet?

Hi I have received a council tax summons and need to go to court on Wednesday. They re asking for an immedaite payment of £800.00. I did fall behind on my monthly payments and as I my income is the one in the household is it too late to apply for any sort of rebate? Can anyone please advise. Thank you

would making a complaint to the oft help at all?

Hi I have today received the same documents as before but dated their letter is dated 17/11/08. The documents are still undated and unsigned. Shall I resend the above letter again?

Thanks IdaInFife I'll send this by recorded delivery tomorrow.

just donated £4.00. £2.00 for last week and £2.00 for next week. £2.00 per week is a small amount to pay for the amount of support and assistance i have had on this site. keep up the good work

Hi I have today reveived the cca request from barclaycard. I'm not an expert but I think it is enforceable as the is no signuture and no date. Can someone please advise. Thanks

I SUGGEST THAT EVERYONE SIGN THE PETETION BELOW AND MAKE NOISE - Petition to: Stop banks from being allowed to place charge orders on unsecured loans. | Number10.gov.uk THE PANORAMA SHOW WAS SO ONE SIDED, WRONG AND UNFAIR

ok. I received my cca. Not been signed or dated!

if credit card companies cannot provide a suitable cca, I take it they can't go and get the baliffs in. They still need to go to court don't they?