ICO reply re CCA

[holley]

Below is the reply I have received from ICO re Cap 1 I already have put in a complaint with OFT but just wondered what anyone though of this, it states in the last paragraph they dont have to supply the original agreement only terms and conditions which goes against what I have read on here. Can anyone clarify please

Thank you for your enquiry dated 4 March 2009 regarding the processing of your personal information.

As I understand it, you have made numerous requests to Capital One for a true copy of your credit agreement.

 

The Information Commissioner’s office advises on and enforces the Data Protection Act 1998 (DPA). The DPA has eight principles of ‘good information handling’. These give people specific rights in relation to their personal information and put certain obligations on those organisations that are responsible for processing it.

One of the rights that the DPA gives people is the right of ‘Subject Access’. The right of Subject Access means that an individual can make a request under section 7 of the DPA to any organisation processing their personal data (the Act calls such organisations ‘Data Controllers’), asking to be supplied with copies of that data.

However, I understand from your correspondence that you have requested a copy of your credit agreement under the Consumer Credit Act 1974 (“CCA”) from the above company and you are dissatisfied with their / have not yet received a response. The Information Commissioner’s Office regulates and enforces the Data Protection Act 1998, amongst other legislation, and we have no involvement in regulating this aspect of the CCA. The CCA is regulated by the Office of Fair Trading. As such, the matter you have raised is not within our remit; however you may find the information below useful.

You explained on your form that the above company has not supplied you with a copy of your credit agreement. For your information, sections 77 and 78 of the CCA stipulate that the creditor, within 12 working days after receiving a request in writing from the debtor and payment of the appropriate fee, shall give the debtor a copy of the executed agreement. The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (“CNCD Regulations”) specify that every copy of an executed agreement, security instrument or other copy referred to in the CCA and delivered or sent to a debtor, hirer or surety under any provision of the Act shall be a true copy thereof. However, it is well established that a “true copy” is not an exact copy.

 

Therefore there is no requirement for the company to send you a copy of the original agreement. They may simply send you a copy of the terms and conditions of the agreement. Further to this, sections 77 and 78 of the CCA do not apply once the agreement has ended; therefore a creditor does not have to supply you with a copy of the agreement if the credit has been repaid

For further information you can contact the Office of Fair Trading on 08457 22 44 99 or at www.oft.gov.uk.

[cerberusalert]

Have a read of this which may explain things;

 

 

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

[holley]

Ok thanks so should I start again using the template letter in that thread?

[pompeyfaith]

I fail to see how it does not come under there remit if they have not supplied what was requested under the Data Protection Act 1998

 

PF

[cerberusalert]

If you have paid the debt they are not obliged to send you a copy of the CCA, to get it you would have to send the original creditor a SAR. #9 The Consumer Forums - Debt collectors

[holley]

I still owe money on this account have paid some off but nothing since before Christmas as they havent sent me the CCA. Should I now request the SAR?

[cerberusalert]

Therefore there is no requirement for the company to send you a copy of the original agreement. They may simply send you a copy of the terms and conditions of the agreement. Further to this, sections 77 and 78 of the CCA do not apply once the agreement has ended; therefore a creditor does not have to supply you with a copy of the agreement if the credit has been repaid

 

By what they have said above they have ended the agreement.

 

Are they still chasing you for payment?

[cerberusalert]

If it is unfair charges you want to claim back you'll have to send a SAR.

[WelshMam2009]

I fail to see how it does not come under there remit if they have not supplied what was requested under the Data Protection Act 1998

 

PF

 

I believe the request was made under CCA and hence, does not fall under the jurisdiction of the Information Commissioners Office, PF.

 

Now if Holley had submitted a SAR under the DPA then it would be down to them to investigate any short comings.

[holley]

I havent terminated the account and I dont believe they have, I havent heard anything from them for a week which is unheard of! I think I may well apply for a SAR as I havent up till now

Thanks folks

[holley]

Been thinking (well worrying) about this have read the posts and they have been helpful but I just wondered if all the letters have been a waste of time seeing as they only need to supply terms and conditions which they have done to me and a lot of other people on this site. I have put in an account in dispute letter and havent paid them for about 4 months they have continued to put on charges and interest. So legally what happens now?

[WelshMam2009]

Holley...have you previously received a default notcie from them? If so, then post it up with you personal details blanked out.

 

They have to issue a DN before they can terminate.

 

Won't confuse you with anymore info until you reply!!

[cerberusalert]

It looks as if the OFT have got the wrong end of the stick by thinking the agreement has ended, i.e the account has been paid. If that was the case then the creditor does not have to provide a CCA.

 

Whilst a creditor or DCA is still chasing a debt they have to comply with a CCA request, if they refuse send the 'in dispute' letter #11 The Consumer Forums - Debt collectors

[holley]

I have not had a Default notice, nor have I had a letter stating the account is terminated I have just had letters stating the full amount due and the overdue amount.

[nicklea]

I fail to see how it does not come under there remit if they have not supplied what was requested under the Data Protection Act 1998

 

PF

 

 

The original poster didn't apply under the DPA but under the CCA so the ICO can do nothing about it

 

 

Edit:- Sorry, didn't see the post from Welshmam

[WelshMam2009]

Edit:- Sorry, didn't see the post from Welshmam

 

No worries!!

 

I have not had a Default notice, nor have I had a letter stating the account is terminated I have just had letters stating the full amount due and the overdue amount.

 

There is something wrong here Holley.

 

They need to issue a default notice and in this they will state what action they intend taking if you don't pay such as terminating the account and demanding the full amount outstanding.

 

If you can't recall receiving this then I would write back to them asking if they will supply you with a copy of the DN.

 

Is the letter you have received headed with;

 

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