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Gemby

Regulation 3?

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Hi

 

Can someone please explain regulation 3 to me?

 

I have written to my creditors requesting a CCA

 

I have had two responses which state that under Regulation 3 of the Consumer Credit Regulations 1983, they are not obliged to provide a signed copy of the agreement.

 

Is this correct or are they trying to pull the wool over my eyes?

 

Am i correct in thinking that if they do not provide a signed copy that the agreement is unenforceable?

 

Gemby

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3 General requirements as to form and content of copy documents

(1) Subject to the following provisions of these Regulations, every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall be a true copy thereof.

(2) There may be omitted from any such copy-(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy; (b) any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed agreement delivered to the debtor under section 63(1) of the Act, the date of the signature by the debtor of an agreement to which section 68(b) of the Act applies); © in the case of any copy of an unexecuted agreement delivered or sent to the debtor or hirer under section 62 of the Act, the name and address of the debtor or hirer; and [(d) in the case of any copy of an executed agreement given to the debtor under section 77(1) of the Act for fixed-sum credit, or under section 78(1) for running-account credit, under which a person takes any articles in pawn, any description of the article taken in pawn.]

NOTES

Initial Commencement

Specified date

Specified date: 19 May 1985: see reg 1(1).

Amendment

Para (2): sub-para (d) substituted by SI 1984/1108, reg 2(a).

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)/4 Copies of unexecuted agreements given under section 58(1) of the Act

 

http://www.consumeractiongroup.co.uk/forum/general-knowledge/196024-consumer-credit-cancellation-notices.html#post2124013

 

M1

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Thanks for that Mystery1

 

As clear as mud!

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