CCA Not required????

[madjenny1]

Ok, I found this on another site...wonder if anyone has any comments or suggestions to where this leaves many of us trying to get stat demands/CCJ set aside??

 

In May this year a case went before the high court, and one of the outcomes was clearing up the confusion about CCA requests and Credit Cards.

 

For some time now people have been asking to see a true copy of the executed agreement, and in a lot of cases this has not been forthcoming, so people have 'got off' court action on that technicality.

 

However:

 

Quote:

Issue 5 True Copies

 

A credit card issuer is required to provide three copies of agreement to a borrower. The first copy (which is set out as an application form) is signed by the borrower and sent to the lender. The borrower is given, with this application copy, a copy to keep (in accordance with the requirements of section 62 of the Act. This is the requirement to provide a copy of the unexecuted agreement (unexecuted because at that stage it has not been accepted or signed by the lender). When the agreement is executed a credit card is sent out, and usually this is attached to the “card carrier” copy of the agreement. This copy has to be sent to the borrower by virtue of section 63(4) of the Act and this is the executed copy.

 

The requirement for such documents to be “true copies” is set out in regulation 3(1) of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983. Regulation 3(2) provides that the lender can omit from this document any signature and/or signature box, so although the card carrier is the executed copy, it does not have to (and invariably will not) bear the parties signatures.

 

Source: Basil Rankine vs American Express Services Europe Limited High Court Judge at Birmingham Civil Justice Centre Authorised by Section 9 of the Supreme Court Act 1981

 

16th May 2008

 

 

 

OK it looks and sound pretty, but what this means is that as far as the court is concerned, the fact that you have applied for a credit card, and a card has been issued to you, then the application (unexecuted agreement) stands up in court.

 

So please be aware that if you make a CCA request for the original signed agreement for a credit card, and all you are sent is the application form that bears your signature, and you did receive the card, then that is sufficient for legal action!!!

 

[dpick]

Hi I have also seen similar posts as this and as part of an ongoing case of mine I asked my advisers for an opinion of Rankine v. Amex and others in the Birmingham High Court Claim number 8BM40009-13.

 

My advisers advise was that no where within that judgement does it stipulate what they suggest, the law sets out what a true copy must be and above all, any documents they send must be easily legible and contain all the prescribed terms and be in the prescribed format.

 

 

 

 

dpick:)

[Sparkles100]

Any comments from the moderators?

 

Sparkles