Mrs M Daughter & virgin

[MandM]

Hi,

 

My daughter does not have a problem with this card, in fact she only took it out about 6 months ago. Obviously this was before we knew what the little b**ers were like.

 

To cut a long story short I asked her 3 mths ago if she had signed an agreement with them. She said no it was done on line. I asked her if she had received a copy of her agreement and she said no.

I told her to ring them and ask for it.

When she spoke to them the guy said "You would have been able to read it when you applied for it", she said,

" But I want to have it in my hand and there is no where on the online account site that you can see it".

 

He said he would send her a copy straight away.

 

Have never received it and she has called Virgin 3 times now and they keep saying they will send it.

 

I am not sure what there game is but I would believe that if you have an agreement to pay someone money then surely it is your fight to see what you have agreed too.

 

Can anyone advise what to do next.

[haggis1984]

Hey MandM,

 

Send em a written CCA request?

 

The CCA was ammended to allow in 2005 I believe to allow for online applications, so its very likely that what theyve got is kosher.

[MandM]

Thanks Haggis , will send cca you are probably right but I still dont see why they are holding back on sending her the copy of the agreement. Do you think it is likely that they will only send a reconstructed copy and have none of her details on it.

 

Mrs M

[haggis1984]

Ive got no idea tbh, I havent actually seen a s78 repsonse to such a new account yet.

 

This is MBNA though so you never know!

[MandM]

Hi finally received CCA back from Virgin, what a joke.

 

this first letter is a Q&A on the section 78 response.

 

 

 

Next is the copy of the online application form.

 

 

 

Next the copy agreement & T&C's that apparently was supposed to have been sent to her to keep, guess what she never received this.

 

 

 

 

 

So in fact they have not learned by their mistakes, my daughter is obviously paying this card and does not have a problem with it, but I wonder if a sarkey letter telling them that they did not send this agreement out and therefore she did not have the right to cancel does that then mean that they have not fulfilled their obligation to her under the Consumer Credit Act

1974, which is in the box on the agreement under the Heading;

 

IMPORTANT-READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS

 

Any comments on this welcome.

 

Mrs M

Edited March 31, 2010 by MandM

[MandM]

bump

 

Mrs M