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Citi Refusing to send copyof CCA


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Hi,

 

I sent a s78 letter asking for a true copy. Citi received this on 8/2/08. On 26/2/08 I sent them a reminder.

 

On 28/2/08 I received the letter below:

 

We regret to inform you that section 78 CCA1974 does not require Citi to provide you with a copy of the executed agreement as you appear to beleive. It requires us to provide you with a "copy of the executed agreement" as defined by the Consumer Credit ( cancallation Notices and Copies of Documents) regulations 1983. ( Is that not the same???)

 

The obligation to provide you with that document is fullfilled by the provision of the terms and conditions, which are supplied to the customer upon reissue of theyr card, being printed on the card carrier. We enclose a copy of these terms for your account. ( they have sent 10 pages). This is an industry standard document and conforms with the regulations.

We set out a sumary of the same for your information.

180 Power to prescribe form etc of copies

 

1) Regulations may be made as to the form & content of documents to be issued as copies of any executed agreement, security instrument or other document referred to in this Act, and may in particular-

a) require specifired information to be included in the prescribed manner in any copy, and contain requirements to ensure that such information is clearly brought to the attention of a reader of the copy;

b) authorise the ommission from a copy of certain material contained in the original, or the inclusion of such material in condensed form.

 

The Consumer Credit ( cancallation Notices and Copies of Documents) regulations 1983 make it clear at Reg 3 that the "copy executed agreement" is not required to be an exact replica of the original agreement per se but an extract since it is allowed to omit certain information including any signature box, signsture, or date of signature.

Yours Sincerely,

****ti Bank.

 

I thought they had to supply me with a copy of the credit agreement, status of the account, etc...

I have nothing with a signature on at all , just 10 pages of T&C's which include the prescribed terms.

 

What is my next move?

Odio los bancos con una venganza

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They are telling U porkies BIG time star scream!!!

They are currently in DEFAULT, having NOT provided U with the legally prescribed Doc within 12 Working Days of receipt of your £1 CCA 1974 Request Letter.

U can now legally suspend ANY payment to them re: The 'alleged' debt...

Just hang on for another Calendar Month from this NEW date + the 'alleged' debt will become UNENFORCEABLE.

They will also then be deemed to have committed an offence + liable to a level 4 fine...;)

...:)

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Citi have been sending out this rubbish since last summer. They know they haven't complied and am completely aware what they should supply (they've received enough CCA request). You're now over the 12 working days so the account can't be enforced - this also means that you can withhold payments if you so wish.

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HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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They are telling U porkies BIG time star scream!!!

 

Yes, they are

 

 

They are currently in DEFAULT, having NOT provided U with the legally prescribed Doc within 12 Working Days of receipt of your £1 CCA 1974 Request Letter.

 

Yes, technically they are in default, but they will accept it only if you tell them why.

 

U can now legally suspend ANY payment to them re: The 'alleged' debt...
Again, only if you can state why their response is wrong and that you dispute the debt.

 

 

Just hang on for another Calendar Month from this NEW date + the 'alleged' debt will become UNENFORCEABLE.

 

They will also then be deemed to have committed an offence + liable to a level 4 fine...;)

 

 

...:)

 

 

Do you know of any cases where they have been fined MTM?

 

Unenforceable until they produce it in court and then it becomes enforceable.

 

The crux of the matter is this. Citi are hiding behind the regs, but have misquoted them to you (actually omitted parts):

 

(from STATUTORY INSTRUMENTS 1983 No. 1557 CONSUMER CREDIT The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 )

General requirements as to form and content of copy documents

3.-(1) Subject to the following provisions of these Regulations, every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall be a true copy thereof.

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instru­ment or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations there under as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

© in the case of any copy of an unexecuted agreement delivered or sent to the debtor or hirer under section 62 of the Act, the name and address of the debtor or hirer; and

 

Section 3, subsection 2 a is what he is attempting to hide behind, but he hasn't told you about is that this only relates to the signatures and other personal information (like household income, other cards etc) that isn't required by the act. This provision is put in here to make sure a credit card supplied with a copy of the agreement (i.e. section 85 of the Consumer Credit Act 1974) isn't sent with the cardholders signature on a document sent with it.

 

You need to send a reply back to them with a big heading on it 'Account in Dispute' and basically tell them that you do not accept their interpretation of what is required by a s78 request and that their response has fallen foul of the Consumer Credit Act 1974, the SI 1557/1983 and the SI 1553/1983 regulations and that if they do not provide you with a copy of the information you have legally requested you will be witholding payment until such a time as they have complied. Add something along the lines of you will be reviewing your position as this matter drags on and will consider taking legal action to give Citi an opportunity to explain to a judge exactly why they believe they have complied.

 

Somewhere there is guidance from the OFT that states they cannot supply you with what they have to comply with the act.

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Send them this letter; (Posted by PeterBard, so credit to him obviously)

 

Dear Sirs,

 

Account Number: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending a copy of your companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

 

This breach of the agreement can be demonstrated as follows;

 

As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues

 

Yours faithfully

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Does the 30 days start from the day they received the s78 letter, or 30 days after the 12 working days?

 

When you say it becomes unenforceable after 30 days, does that mean totally or just until they come up with a compliant agreement?

 

If the latter, then it becomes unenforceable after 12 days anyway does it not?

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12 + 2 days after receipt of the request they are in default - they can't enforce the agreement until the default is remedied, by providing the agreement requested.

 

One calendar month after this date, they commit an offence by remaining in default.

 

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It's 12 working days after receipt they are in default (you don't count the first day as they are full working days) and then one calendar month after that they commit the summary criminal offence. The +2 days is only if you don't send the request via recorded delivery as you would allow 2 days for delivery.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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But after the 30 days from the date of receiving the request, it becomes a criminal offence. If after this the agreement suddenly appears, they can then enforce the debt once more?

Odio los bancos con una venganza

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It's 12 working days after receipt they are in default (you don't count the first day as they are full working days) and then one calendar month after that they commit the summary criminal offence. The +2 days is only if you don't send the request via recorded delivery as you would allow 2 days for delivery.

 

:confused:

 

Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 (SI 1983/1569)

 

1 Citation, commencement and interpretation

 

(1) These Regulations may be cited as the Consumer Credit (Prescribed Periods for Giving Information) Regulations

1983 and shall come into operation on 19th May 1985.

 

(2) In these Regulations, "the Act" means the Consumer Credit Act 1974.

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Prescribed Periods for Giving Information) Regulations

1983 (SI 1983/1569)/2 Prescribed period

 

2 Prescribed period

The period of 12 working days is hereby prescribed for the purposes of each provision of the Act specified in Column 1

of the Schedule to these Regulations relating to the duty indicated in Column 2 in relation to regulated agreements.

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Prescribed Periods for Giving Information) Regulations

1983 (SI 1983/1569)/SCHEDULE Sections of the Act in respect of which a period of 12 working days is prescribed relating

to duties in relation to regulated agreements

 

SCHEDULE

 

SECTIONS OF THE ACT IN RESPECT OF WHICH A PERIOD OF 12 WORKING DAYS IS PRESCRIBED RELATING TO DUTIES IN

RELATION TO REGULATED AGREEMENTS

 

Regulation 2

Section of theAct

Duty

(1) (2)

77(1) Duty to give information to debtor under fixed-sum credit agreement.

78(1) Duty to give information to debtor under running-account credit agreement.

 

The prescribed period is 12 working days. I was on the understanding that you would need to allow an extra 2 days, (working or not) for post in either direction? So, if I post one today, (Sunday) the prescribed period ends on 22 March - 1 day for postage to them, 12 working days prescribed and 1 day postage back to me. Is this right, Rory?

 

Don't suppose it matters on days if they take over 6 months to supply an agreement anyway... :o

 

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But after the 30 days from the date of receiving the request, it becomes a criminal offence. If after this the agreement suddenly appears, they can then enforce the debt once more?

 

Correct.

 

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How's this letter to send them?

 

( How do I get these things inside a blue thingy?)

 

 

Dear Sirs,

 

Account Number: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending a copy of your companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, you must send a copy of the regulated agreement as stated below:

 

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£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 © 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, and

(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.

 

As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues.

 

Yours Faithfully

I notice that s78 doesn't actually say "true copy" does it? It just states a copy.

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  • 3 weeks later...

Still nothing from Citi. Received a statement today with £12 late payment charge and £360 interest.

 

I understand that interest cannot be applied with no sight of the CCA after 12 working days. Do I need to remind them of this or do I now just ignore these until I get a snotty letter from them?

 

12 working days was to the 25th Feb & 30 days thereafter is 26 March.

 

Is there a way of giving them a time limit to actually wipe the debt off, or am I being too presumtuous here?

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Mine is a bit more complicated as it is to do with PPI being added mid point during the agreement and after the account had been settled, however the fact that they are unable to produce a correctly executed document explains why they used the Cancellations and Copies Documents act.

 

All in all it took about 8 months, and before you can take it the FOS you need Citi's full and final response.

 

Keep us updated and don't be afraid to ask questions. :grin:

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Still nothing from Citi. Received a statement today with £12 late payment charge and £360 interest.

 

I understand that interest cannot be applied with no sight of the CCA after 12 working days. Do I need to remind them of this or do I now just ignore these until I get a snotty letter from them?

 

That's under the 2006 Act - the 1974 Act is less clear, but I'd certainly be arguing you don't have to pay interest/default charges at all when they can't produce any agreement

 

12 working days was to the 25th Feb & 30 days thereafter is 26 March.

 

Only really relevant if they are to be pursued for the offence, which is unlikely

 

Is there a way of giving them a time limit to actually wipe the debt off, or am I being too presumtuous here?

 

Yes - letter before action

 

You'll need to wait for their final response, or for 8 weeks to pass, before you can go to the FOS.

 

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Thanks Stroke and Car, your'e advice is appreciated.

 

I will send them a letter reminding them that interest cannot be applied. Under s78(6) CCa 1974 it says only that the agreement cannot be enforced whilst in default.

 

Where do I find 2006 Act which refers to interest.?

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