CCA help please

[BornAgainBiker]

Hello

 

I sent a cca to Tesco credit card and received a letter back, with my £1 postal order, saying

 

'request received under S77-the above account is not a loan account and therefore we are under no obligation or requirement to provide you with the requested details'

 

Does this mean that this card and the other credit card accounts i have are not covered under the cca rules. after the economic turndown my business folded and i have been left with card debts with Abbey (santander) Barclays and MBNA.

 

Also, do bank overdraft facillities come under CCA.

 

Any help will be very gratefully received.

[postggj]

was the request done under

s.77 to s.79 of the cca 1974

[Craftygirl42]

Credit Cards are covered by the CCA rules, but overdrafts arent.

[BornAgainBiker]

wow, thanks for quick response. the cca i sent is copied below,

 

This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee

 

We look forward to hearing from you.

was it the right or wrong letter for cards and bank overdraft ?

Thanks

 

[BornAgainBiker]

thanks craftygirl, just noted your post.

[postggj]

Please ammend paragragh 1 to suit. ie s77 Fixed sum credit such as loans, s78 Running account credit such as credit cards & catalogues and s79 Hire agreements.

 

 

thats your problem

 

i do the request under s.77 to s.79 of the cca 1974

[gyos]

Requests for credit cards should be made under section 78.

 

So technically they are correct. You did request under the wrong section of the Act.

 

But really they would have known that and are playing "silly beggars".

 

Just amend to say s78 and resend.

 

EDIT: postggj beat me by a few milliseconds.

[maroondevo52]

Hi,

 

 

Overdrafts have part V exemptions (form and content) from the Act. This does not mean that they are exempt from the Act. The credit agreement would be in the form of a letter from the bank stating the amount of credit, the APR, charges and cancellation rights. This type of agreement would not be signed by the debtor.

 

Regards.

 

Scott.

[BornAgainBiker]

Thanks everyone, i will amend and re-send.

 

whilst i'm writing, does anyone know if supplier accounts such as Builders Merchants are covered under the CCA?

 

cheers

[postggj]

not normally

they are trade accounts with personal guarantee as the norm

[BornAgainBiker]

thanks again everyone.