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Hi.

 

I've been sending out CCA requests to my various credit cards. I've now had 2 coming back with replies along the lines of the following from CitiCard:

 

"We regret to inform you that section 78 CCA 1974 does not require CitiFinancial to provide you with a copy of the executed agreement as you appear to believe. It requires CitiFinancial to provide you with a "copy of the executed agreement" as defined by the Consumer Credit (Cancellation Noticed and Copies of Documents) regulations 1983. The obligation to provide you with a document is fulfilled by the provision of the terms and conditions, which are supplied to customers upon reissue or issue of their card, being printed in the card carrier. We enclose a copy of the T&Cs for your account. This is an industry standard document and conforms to the regulations. We set out below a summary of the same for your information.

 

180 power to prescribe form etc of copies

(1) regulations may be made as to the form and content of documents to be issued as copies of any executed agreement, security instrument or other document referred to in this Act and may in particular -

(a) require specified information to be included in the prescribed manner in a copy, and contain requirements to ensure that such information is clearly brought to the attention of reader of the copy;

(b) authorise the omission from a copy of certain material contained in the original , or the inclusion of such material in condensed frm.

 

The Consumer Credit (Cancellation etc) regulations 1983 makes it clear at Reg 3 that the "copy executed agreement" is not required to be an exact replica of the original agreement per se but an extract since it is allowed to omit certain information including any signature box, signature or date of signature".

 

Any ideas where I go from here? Is there a standard reply to this response ?

 

Thanks

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What they are saying is technically correct but if they had a copy of your executed agreement, why wouldn't they send it.

I think they don't have it.

 

have a read of this thread and see if you can use cpr 31.16 instead

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html#post1868913

 

I'm using this in my fight with clownells

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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What they are saying is technically correct but if they had a copy of your executed agreement, why wouldn't they send it.

I think they don't have it.

 

have a read of this thread and see if you can use cpr 31.16 instead

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html#post1868913

 

I'm using this in my fight with clownells

 

fox

 

Thanks for the reply Fox - that was quick ! :D I'll draft up another letter as you suggest. Does this route save you the £1 admin fee you have to send under the CCA request ?

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They've already had your quid. Don't send it again

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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They've already had your quid. Don't send it again

 

Thanks again ! Couple of final questions - I've sent out the 12+2 letters under the CCA requests and received their replies as above - from what you say about them being technically correct, does that mean they're not then in default and can still default my account, sell the debt on etc. If they don't produce under this new request, does the no selling on, no defaulting come back into play ?

 

Cheers

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I don't think it matters what we say to them as they'll do what they want anyway.

You know they haven't complied with your request and as such they shouldn't do anything to the account until they comply but they do, irrespective of the law. These companies think they are above the law.

They will probably default you and sell it on to a DCA but you can deal with that should it happen.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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