2nd reply received - where now?

[omskus]

Hi,

 

First time I contacted halifax and asked for a CCA they sent me out my most recent statement. When I sent a chaser letter they replied with a reconstituted copy. They state on the letter -

 

"The copy of the agreement enclosed with this letter complies with the requirements of the consumer credit (cancellation notices and copies of documents) regulations 1983 (the "regulations") regulation 3(2)(b) provides that a copy can omit any signature box, the signature or date of signature. In summary we are not required to produce a copy with your signature on it. by providing a copy of the agreement we are complying with the requirements of the Regulations the agreement remains enforcable.

 

By providing you with the documents attached to this letter, we have satisfied our obligation to provide a copy of the executed agreement under section 78. As such the agreement you have with us is fully enforcable and we shall continue to treat it as such. We will not be entering into any further correspondence with you regarding the requirements relating to the provision of copy agreement."

 

Ok so where do I go from here? they admit they have sent a reconstituted version. What do I do now? I am based in Scotland - how does this affect what I need to do next?

 

Thanks

[socleirigh]

I'm no expert on these matters, as I have only registered with the site last week. But from reading other threads I think your next move might be to send a subject access request.

 

As far as I can make out if they send you copies of all information they have about you and it's shown that they don't hold a signed Credit Agreement with the prescribed terms in it, then they cannot enforce it.

 

I'm not sure if living in Scotland has any relevance on what you do next at this stage.