Help with CCA please!

[tolstoy]

Hello 42Man!

 

Thank you so much for your response.

 

No, what they have sent is simply 5 pages of terms and conditions. It contains no personal information whatsoever. At the top it says

'The following details about the card form part of the credit agreement between us (blah blah bank) and you the principle cardholder. The general conditions applying to the card are set out separately.

Cardholders name - This is blank

Address (To be filled in by the Principle Cardholder) - This is also blank.'

That's about as personal as it gets!!

[42man]

Edit this...and send recorded

 

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 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

[tolstoy]

Brilliant, thank you so much 42Man. I have finished uploading the scans anyway, if you have time to check I would be most grateful.

 

tolstoy-2008 - Photobucket - Video and Image Hosting

 

Please can you clarify for me what, in my case, is missing from what they have sent?

[tolstoy]

Forgot to mention - I have not edited anything out of the scans, this is exactly as sent.

Thank you again for your help. How do I 'tickle your scales'?!!! Sounds like great fun!

[42man]

No signature document....these could apply to absolutely anybody....unenforceable....they haven't supplied a copy of your executed agreement...

[tolstoy]

Thank you again for your help 42Man. Letter will be composed and sent today, will post again when any response is forthcoming.

 

P.S. Think I discovered how to 'tickle your scales' - hope you enjoyed it as much as I!!

 

Steph

[42man]

Oooooo that was nice !!! -

[tolstoy]

I have exchanged a number of letters with the bank now. Mainly I wished them to show how they had arrived at the balance they claimed as, because I had not had any communication from them for 5 years, there was no way of knowing what, if anything, might have been due. They finally sent some statements so I returned the 'financial statement' form which they asked me to complete. This showed that my situation now is vastly different from 5 years ago and that I have no surplus income and just about get by with the aid of state benefits. I asked if they would consider writing off the debt and needless to say they have refused. They have said I should pay £1 per month for the next 6 months at which time they will 'review' the situation. Given that they did not produce an acceptable copy of the original agreement, and also that I don't think I will be able to stand the strain of having this hanging over my head for the rest of my life, would it be better for me not to start making the token payments and request that they take it to court and 'do their damnest'? What does anybody suggest? All comments gratefully received!

[tolstoy]

Any suggestions please?