Statements Provided With CCA's for £1 Or Not.

[renegotiation]

I had correspondence with the OFT in writing and on the phone about this. I told them this seemed to be an ambiguous area of the Act and needed clarification. In any event, I stated when when the Act was next updated this area should be made completely clear. I suggested it was ridiculous that folk who just wanted statements should, 'in some cases', be forced to send off £10 for an S.A.R. which could result in a bundle thicker than a phone book being received in the post! They should just make it to an opitonal extra £1 to get the statements with the C.C.A. or simply £1 for the statements without the C.C.A.. Even £2 for the statements would be reasonable I suppose. I am a bit mythed why they can't make an interim ruling on this. As things stand, from my experience, some creditors send through statements free of charge (rarely), some creditors do send through statements with a C.C.A. request (mostly when you specifically ask for them) and some creditors force you to send off £10 for an S.A.R. to get the statements. Then again, you also have HBOS who try to charge you £5 for 'every' statement you request! :lol: And when you say 'why would anyone do that if they can get the lot for £10 at the most?' they give the folllowing response:

 

'SOME PEOPLE DO.'

 

Absolutely disgusting.

Edited November 19, 2008 by renegotiation

[callumsgran]

As i understand it you dont get 'statements' with a CCA request but a 'statement' of account

[renegotiation]

Yes, I think that's probably the prevailing legal view. That's what the O.F.T. hinted at as well. They declined to make a formal ruling though and told me only a court could do that. A bit odd for their law so to speak, but that's the way it works. Definitely needs changing though. There needs to be a simple bit of regulation enabling folk to get their statements without resorting to a S.A.R..

[callumsgran]

I see what you mean and i agree with you

Some creditors are now finding loopholes in CCA 1974 so you end up sending an SAR costing a tenner

It's about time there was a letter we could send that covers both eh? lol

[Lula]

what loopholes?

[callumsgran]

Not loopholes exactly, wrong word used, but they are using 1983 regulations now to not supply a true copy

[SteveH2508]

As i understand it you dont get 'statements' with a CCA request but a 'statement' of account

 

The CCA74 does not say 'Statement of account' it just says 'statement'. It does not define 'statement' in section 189 at all, so you should interpret it as the ordinary meaning of the word 'statement' - i.e. an utterance.

 

I have argued that point (successfully so far) with one particular company who said in their reply to my S78 CCA request -

 

"We have to inform you that we are under no obligation to comply with a request for a copy of your agreement under the Consumer Credit Act as we no longer have a contractual relationship with you, nor are we seeking to enforce any agreement against you."

 

Any statement that they issue in respect of a S78 request is binding upon them by virtue of S172 of the Act.

 

Anything they send you in response to your S78 request could be gold-dust - it was in my case!

[callumsgran]

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will communicate further on this matter.

 

1. You must supply me with a true and signed copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for rolling sum credit) - your obligation also extends to providing a statement of account.

I didnt say it did, but it's blatantly there in black and white steve

This is an extract from the letters i have sent

[rory32]

It does not define 'statement' in section 189 at all, so you should interpret it as the ordinary meaning of the word 'statement' - i.e. an utterance.

 

No it doesn't define statement in section 189 but it does in sections 77(1) a, b and c, 78(1) a, b and c and 79(1).

[SteveH2508]

No it doesn't define statement in section 189 but it does in sections 77(1) a, b and c, 78(1) a, b and c and 79(1).

 

Fair point Rory BUT - I would argue that the statement I quoted above is a statement of "the state of the account" ref S78(1)a

 

Mr BS from a well known company in the news recently did not seem to be able to refute it!