Co-OpCard CCA - can anybody find fault with this?

[Pinky69]

The heading must read "Credit Card Agreement" not "Credit Agreement." It is a copy of a deteriorated microfiche and hasn't been authenticated. Anything that comes out of a machine must have a signature on it to state this is an authentic copy because they destroy the originals. They couldn't use this in court and they know it. The Co-op ballsed up on all these old agreements. In my view it is an illegible copy of something that I cannot read. It cannot be connected to the application form - the prescribed terms must be in the same 4 corners of the signature box - in any sense and the terms and conditions are totally illegible. If you have sent the DCA the Account in Dispute letter, you can just ignore this.

[willtheywontthey]

I much appreciate you getting back in touch on this issue., Bear with me please whilst I try to get my brain round a couple of points you mentioned:

 

1. whenever I get a cca should they authenticate it - this is first I've heard about this with cca?

 

2. THere is a risk is there not of there being an original copy somewhere - maybe?

 

3. why do you think page 2 has appeared from somewhere after other dcas and even oc only sending page 1?

 

4. Most importantly to my brain part is the mention you make of prescribed terms of signature box.... what box (where a signature is or the oage where signature is?) Are none of prescribed terms allowed on page 2 at all????

 

5. I will be sending letter (am playing their we'll wait 14 days etc until I do - learning to take things slowly! Took me long enough not to panic at each and every turn thanks to cag and yourself)

I will be sending them a basic in dispute, illegible and more details letter or nothing extra to it?

xx

[Pinky69]

The prescribed terms must be in the same 4 corners as the signature box. The signature box is on the application form. The prescribed terms do not have to be on same sheet of paper as the signature box. The same 4 corners means the prescribed terms can be on a separate sheet but there must be a clear link between them to show they are part of the same document. All copies that have been stored and are extracted must be signed to say this is an authentic copy. That is not the same as sending copies that have not been stored. They do not have originals and they would have to produce the originals in court. You don't have to worry about the Co-operative Bank - they do not know the first thing about consumer law - fact. I have a letter from them that is the biggest load of drivel I have ever read. I had a loan and a credit card and they sent me the same rubbish as you. They went to Frederickson, then Moorcroft, where they died a death.

[willtheywontthey]

Thanks - I guess 'overleaf' woud then allow page 2 to become prescibed terms then. I'm always the pessimist.

 

I think from memory I've been through Fredricksons and then Moorcroft and now equidebt. Fisrt lot to send me page 2.

 

On the issue of this authentication have you a link to where it states this and can they (O/C) simply send another lot signed?

 

I am pretty sure you are spot on but I would like to make sure I have gathered all my facts regarding the prescribed terms in case of unforseen miracles happening with their paperwork.

 

Have a DCA or even the OC an obligation to admit or deny whether they have originals if I ask them a simple question?

 

Whilst I get a magnifying glass and learn more about prescribed terms in next week or so I think I will also prepare a letter on legibility to them and leave it at that for the meantime. I'll then hopefully have more defences to hand if they do somehow find a legible one. Thsi is first time I've been faced with possibility of a legible cca so a new experience.

[willtheywontthey]

oh - wonder why you never got equidebt set on you then???

[Pinky69]

This is not a CCA never mind a legible CCA. You can look up the law on microfiche copies. There is even a BS number that dictates how they must be processed and reproduced. What they have sent you is unenforceable and they have nothing more to send - and they don't know the law on producing microfiches. The original has been destroyed. Don't waste any more time on this. What they have sent you has as much value as toilet paper. If they could have taken you to court before now, they would have done. All their old agreements are unenforceable. And the law says all copies of documents must be "easily read" - ie clearly, without a magnifying glass! Send them the Account in Dispute letter and forget it.