SimplyBe CCA request...their answer

[discod]

Ive had back a letter which reads the following and they have sent me an unsigned CCA agreement...

 

In relation to your request for a copy of the executed agreement under section 78 of the consumer credit act 1974 under regulation 3(2)(b) of the consumer credit (cancellation notices and copies of documents)regulations 1983 there is no requirement to provide a photocopy of the agreement bearing ypour signature,it is sufficient that we supply you with a true copy of the agreement setting out the terms and conditions to which you have agreed. A true copy need no bear the debtors signature or in our case the date of the agreement. We are therefore enclosing a true copy of the credit agreement sent out to you when the account was opened.

 

What now are they right...thanks xx:mad:

[cerberusalert]

It's normal BS from these clowns. What they've neglected to mention is the fact that if they try to take enforcement they will have to produce the original to a court.

 

I'd be tempted to send them Scots letter below & see what their response is;

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**

[PGH7447]

fraid so, but then again does it comply with all the other prescribed terms and conditions, also if it goes to court then they have to supply the real agreement

[discod]

ooh thanks for the swift reply il send them that tmorw xxx:D:D

[debt4get]

simplybe will continue to send out this rubbish..they know it is not enforceable...stick to your guns..they will give up eventually

[discod]

simplybe will continue to send out this rubbish..they know it is not enforceable...stick to your guns..they will give up eventually

 

Ta muchly

[MONX]

It's interesting, I opened an online account with this company and they sent out a credit agreement for me to sign and return to them. I didnt sign or return it purely because I do not use the account facility (anything i buy from them I tend to buy via debit card) however, does this mean that as i didnt sign it that anything i did buy via my account would be unenforceable because they do not have a signed agreement?

 

I had read that the rules changed and that you have to click on a box to accept the terms and conditions in order to make an order. I may have dreamed this! Anyone enlighten me?

Edited March 1, 2010 by MONX
adding a bit.

[debt4get]

it does depend if you opened online and you clicked your signature on agreement then yes that would be enforceable..

[debt4get]

sorry assuming that it contained all the prescribed terms as well

[MONX]

sorry assuming that it contained all the prescribed terms as well

 

 

Thanks for that!

 

I have no intention of using the account, been there, got the tshirt lol but its amazing that a company that is in business would open themselves up to such a big loophole in their credit agreements.

[harrassed senior]

It would of course depend on the date this occurred.

[mnrbig]

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

 

Is this letter still valid considering the recent court case over CCA requests?

[cerberusalert]

Yes because they'll still have to produce an executed agreement if they were daft enough to go to court.