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Have I understood s.77/78 CCA requests correctly? Finally?!


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I've sent out CCA requests to my creditors. So far:

 

- two or three have responded with standard t&cs.

- of those, only one includes the original t&cs at account opening with the current t&cs

- only one creditor has sent a photocopy of the original agreement in the layout and format in which it was signed (and it clearly shows my signature)

 

Reading Consumer Credit Agreements - a guide to enforceability, I think they've all complied legally with my request.

 

Have I understood it right? All they need to send strictly speaking are the current t&cs?

 

Am I right in saying that s.77/78 requests are just one way of getting a copy of the agreement they have on file to assess its enforceability? SARs etc. are other ways to get it in my dirty mits so I can see what they have and what it includes?

 

A clear separatation between a) getting the document and b) finding out whether or not it's enforceable?

 

I've read the very long thread a few weeks ago about "Why you shouldn't use CCA request if you want the signed agreement." But there's so much in there it didn't sink in.

 

I'm going round in circles in my head but I think the penny's finally dropping. I'd love someone to convince me I'm right or wrong!

 

If I have the "customer copy" of each of the original agreements, can I use those to assess enforceability? I.e. if they still have a signed copy on file, then it's likely it matches my original copy. Is a CCA request defunct in that case?

 

Sorry about all the questions - need to take next steps on most of my creditors now and not yet sure what they should be until I understand what's going on.

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You are nearly correct in that the OC can send more of less anything and it fulfills the request.

 

PT tried to find another way around this "Why you shouldn't use CCA request if you want the signed agreement " but that seems to be falling on deaf ears as well.

 

The SAR should reveal everything they have on you, including the original agreement.

 

Jogs

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BG

 

You seem to have grasped what teh s78 request is all about. If you are interested in whether or not they have an enforceable agreement, a s78 request is next to useless in that they can send pretty well any old rubbish.

 

However, some companies will send a copy of an application form without the prescribed terms. THis may indicate that the original agreement has been destroyed and that they don't in fact have a copy of an enforceable agreement. You have to take each cas eas it comes anddecide what, if anything, you can deduce from what they send you.

 

If you want to force the issue, you need to use CPR part 31

 

 

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What's this? Please explain?

 

 

Following link will explain and there is a draft letter for you to use. :D

 

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

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