Bank of Scotland CCA Agreement

[judi5060]

Yesterday I receive CCA Agreement from BOS. I am pretty sure is enforceable but just a couple of questions. It starts off first by saying that under section 78 of the Consumer credit Act it does not have to provide the original copy - Is this correct. It then gives me a copy of the Agreement - I will list some items - Financial info, interest rates, missing payments, your right to cancel, your right to cancel and additional card holders - I assume this is the terms and conditions. Then at the back on 2 sheets which are photocopies is the applicationform dated 14.08.2001 and my signature. I believe this to be enforceable. I just need to be sure.

 

Thanks

 

Judi5060

[reggie76]

You may be better posing it up on here, taking out any information that may identify you, and get an expert on here to look at it.

[judi5060]

I know this sounds daft and I am at work at the minute but I have got no idea how to post this onto the forum.

 

Judi5060

[reggie76]

Best bet is to set up an account with photobucket. Google photobucket and then set yourself up, any probs come back here to get further advice about setting up a link on your thread to the document(s).

[judi5060]

Hi There - I will see how I get on but if anybody can give me some advice on what I have supplied I would really appreciate it.

 

Judi5060

[reggie76]

Does it have the creditors signature on it?

 

Is your signature on the terms and conditions page incorporating the prescribed terms?

[judi5060]

Hi There Just thought I would also add on the application form all it has is

my name and address employment details, personal details, financial details, bank/building society details and the date and signature nothing else - should there be.

 

Judi5060

[judi5060]

Hi

 

There is no prescribed terms on the application form just signature of applicant and an authorised bank of scotland signature but no prescribed terms.

 

Judi5060

[reggie76]

IMO it doesn't sound enforceable BUT would wait for someone more experienced than me to comment.

[clemma]

Yesterday I receive CCA Agreement from BOS. I am pretty sure is enforceable but just a couple of questions. It starts off first by saying that under section 78 of the Consumer credit Act it does not have to provide the original copy - Is this correct. It then gives me a copy of the Agreement - I will list some items - Financial info, interest rates, missing payments, your right to cancel, your right to cancel and additional card holders - I assume this is the terms and conditions. Then at the back on 2 sheets which are photocopies is the applicationform dated 14.08.2001 and my signature. I believe this to be enforceable. I just need to be sure.

 

Thanks

 

Judi5060

 

Are the terms and conditions totally separate from the application form or on the back of it? Where they appear makes the difference between it being enforceable or not. Is there any way you can scan and post it on here?

[UnitedFront]

It would really need to be posted up so that people can actually see it, and then there will be plenty of people who will be able to give advice on it!

 

Perhaps post it up once you get home from work?

 

Cheers.

UF.

[judi5060]

Hi There - There is nothing on the back of the application form and just a copy of the credit card agreement. There is no signature on the credit card agreement.

 

Also does anybody know if it is correct where they say under section 78 of the CCa Act that they do not have to supply the original signed agreement.

 

Judi5060

[clemma]

It sounds like this is just an application form then, and the terms and conditions they have sent have no link to you or any agreement.

 

It is true that they do not have to supply a signed CCA (they are allowed to omit certain details.) However, should it ever go to court then they HAVE to produce the original one. If they had a copy of it, why not send it to you

 

It would still be easier to see what they have sent, however, from what you say I would judge this to be unenforceable. You shoud send the following letter and put this into dispute :

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

Dear Sir/Madam

 

RE: Agreement/Account number

 

Thank you for your response to my letter dated xxxxxx 2009, making a formal request for a true copy of the original credit agreement for the above account under the Consumer Credit Act 1974 (Sections 77-79).

 

The documents you supplied me appear to be no more than an application form, and as such are not a satisfactory response to my request. Nowhere on the front of the document is there any reference to the prescribed terms and conditions that such an agreement must contain. I must assume that these are unconnected documents and once again inadequate to satisfy your obligations.

 

As you are aware you are obliged to provide me with a true copy of my agreement as defined under Section 189 of the CCA 1974. and I consider that you have failed to comply with my request for these documents

 

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested documents. This deadline has now passed and I have not received the requested documents from you.

 

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable & I therefore consider that this account is in dispute with immediate effect & it follows that all payments to this account are suspended forthwith.

 

I draw your attention to the legal requirement that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies:

You must not demand any payment on this account, nor am I obliged to offer any payment to you.

You must not add any further interest or charges to this account.

You must not pass this account to any third party.

You must not register any information in respect of this account with any of the credit reference agencies.

You must not issue a default notice on this account

I hereby give you notice that if you proceed with any of the above actions, I will file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service.

 

Yours faithfully

[UnitedFront]

Hi There - There is nothing on the back of the application form and just a copy of the credit card agreement. There is no signature on the credit card agreement.

 

Also does anybody know if it is correct where they say under section 78 of the CCa Act that they do not have to supply the original signed agreement.

 

Judi5060

 

 

Hi, yes this is true. They do not have to supply to you the original under this section. They simply have to supply to you a "true copy". However, my understanding is thus:

 

Without an enforcable credit agreement, with your signature, there is no enforcable debt. To this effect, if all they have with your signature on it is an application form with no prescribed terms, and then a blank agreement without your details etc on it; then I would think the alleged debt to be unenforcable.

 

Post up everything they have sent you as soon as possible and the experts will be along to give their opinions.

[judi5060]

Hi There - Thanks

 

Now I have studied it again I also see that on the Credit Card agreement they have sent me it has got my Mothers address on it which I have only

been living at since February last year. When I applied for this card I was living at a different address. So it appears to me that they have changed

this copy of the agreement recently.

 

Judi5060

[UnitedFront]

Quite possibly

 

Best thing to do is wait 'till you get home and scan all the documents (removing personal details) onto photobucket and then post up here!

 

That way people can give more accurate opinions!!

 

Cheers.

UF

[judi5060]

Hi There - Thanks for all your help - I will be sending off the I do not acknowledge the debt letter this afternoon.

 

Judi5060