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Information Commissioner Re CCA Requests


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Hi

 

Please could someone look at this letter I received from the Information Commissioners Office. I have constantly seen on this site and others that I am entitled to request a signed copy of a credit agreement. The Information Commissioners Office seems to be saying that a company can just send me any old bit of paperwork and that it doesn’t have to be a an exact copy as long as it is a true copy.

Please would you help me on this as I am now totally confused.

 

Thanks

 

Paul

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Hi

 

I have constantly seen on this site and others that I am entitled to request a signed copy of a credit agreement.

 

Hi Paul,

 

They are quite within their rights to exclude any signature box. As long as it contains all the prescribed terms and any other documents referred to in the agreement (eg the original t&cs) then they have complied with a s77/78 request.

 

This is a totally different matter than if things go to court. In this case they do need to have a copy of teh original agreement that was signed by you.

 

Hope this helps

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Is there a further page to that letter? It appears to abruptly cut off?

 

This is what the OFT have to say on such things

 

Quote:

 

A ‘true copy’ of an agreement principally consists of the terms and conditions of the agreement and the statutory content of the agreement. The name, address and signature of the debtor do not have to be provided.

 

Additionally, the creditor must supply the total sum paid under the agreement by the debtor; the total sum which has become payable under the agreement but remains unpaid; and the total sum which is to become payable under the agreement by the debtor (the latter two must include the various amounts comprised in that total sum and the date when each is/was due).

 

However, the copy must be a copy. It need not be exact on immaterial points, but it cannot be a conjectured reconstruction.If the trader has no original copy, the trader will have difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody would know what was in the original. When the trader comes to enforce the debt in court, he needs to have a signed copy of the agreement in order to enforce. As the law stands currently he cannot otherwise.

 

In the absence of a copy of the original agreement someone's liability for a debt can only lead to further query. However in circumstances like this we would view it is as unfair practice under section 25(2) (d) of the Act and relevant to licence fitness if a trader failed to investigate and/or provide details as appropriate when a debt is queried or disputed

 

Terms and condition just don't "cut it".

 

CCA1974: s180(2).

(2) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document—

 

(a) is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

Edited by fermi

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