CCA arrived but its just T's & C's

[lochlisa]

just received my CCA (late) from Citicards with the 'we do not need to send the signature' clause in the covering letter.

 

It is just 20 pages of T's & C's.

 

As they have not complied with the CCA in providing an executed agreement what is the sort of letter I should send them back?

 

thanks,

Lisa

[diamondgirl]

A letter something along the lines of:

 

Thank you for your response to my request under **s.77 Loan or s.78 credit card** for a copy of my agreement, however, what you have sent to me is only the Terms and Conditions.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

I now await your forwarding to me a TRUE copy of my signed agreement which I expect to receive within the next 14 days.

 

Yours faithfully

 

 

** delete as appropriate

 

DG

[ltc1607]

sub

[Enron]

The "executed agreement" i.e. the document you signed (though they are entitled under regulations not to include the signature, signature box or signature date), and the agreement i.e. the Terms & Conditions are two entirely separate things.

 

Citi are playing games again - the legislation states "executed agreement":

 

"78.—(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of 15 new pence, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

 

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw further on the account,"

 

Time for a further complaint to the Office Of Fair Trading regarding this.

 

Citi have not discharged their obligations under the act and request, though obviously they will suggest otherwise.

 

--

2/3 of my post on this thread are applicable to you:

 

http://www.consumeractiongroup.co.uk/forum/citicards/213006-1stcredit-cpr31-16-non.html#post2793234

[lochlisa]

here is their letter claiming they don't have to supply the signature details!

 

P.S. just re-read the 'agreement' they sent me and it actually mentions a totally different type of card from the one I received in 2006 !!

 

 

Edited March 1, 2010 by lochlisa

[Enron]

Under the regulations they are entitled to exclude the signature, signature box, signature date.

 

Therefore you are entitled to a copy of the "executed agreement" minus these details as listed under s78(1) CCA, or at least an exact copy of it's full text.

 

What Citi have given you is a copy of the Terms & Conditions which has been titled "agreement" and had your name and address added. Normally T&C so have somewhere in the text that "this is a consumer credit agreement regulated by the Consumer Credit Act 1974".

 

However the "executed agreement" and "agreement are not the same thing". Notice how they refer in their accompanying letter to the "agreement", and not "executed agreement".

 

And as you have pointed out, the T&C belong to a different card to the one you applied for, and would like incur a different rate of interest than the one present on yours.

 

So, yep, same old Citi shinanigans. I would suggest that they have not discharged their obligations under the act, that you still await a true copy of the "executed agreement" - therefore put Citi on notice, complain once more to the OFT, and enquire with Trading Standards as you are legally entitled to a copy of this document.

 

You are probably requesting a copy of the "executed agreement" to ascertain whether it includes all the necessary prescribed terms, obviously with this entirely different document you are unable to do so.

[lochlisa]

thats the phone calls started now chasing payment.

 

I have written back to Citi telling them what they have sent is not acceptable and that I now place the account in dispute.

 

I will also write to the authorities as suggested, not that it will do any good however !

 

cheers, Lisa

[Enron]

Gonna PM you.

[rascolians]

Hi,

 

I have had exactly the same from Citicards..what is the best way to proceed? I will complain to OFT and re-contact Citi to request the correct document..anything else I should be doing at all?