Reconstitued agreements Aqua card - urgent help needed!

[teed_off]

Hi all

 

To cut a long story short - I sent a CCA request to Aqua and today I received a copy of a signed application form and a twenty page document with terms and conditions and they state they have complied with the request as they have provided a reconstituted agreement

 

To quote Aqua "I have enclosed with this letter a copy your reconstituted version of the executed agreement comprising both the original and current terms and conditions and a copy of your original signed application form together with a signed statement of account".

 

No signed statement of account tho. Does this actually comply with the request and if so what happens next?

 

I will scan the letter later today.

[lickthewallfatboy]

it complies with a CCA request,yes

 

HOWEVER,if they take it to court,they are fully aware that they have to produce the original,which they obviously do not have,otherwise they would have sent it

 

so,basically,they're stuffed

[teed_off]

it complies with a CCA request,yes

 

HOWEVER,if they take it to court,they are fully aware that they have to produce the original,which they obviously do not have,otherwise they would have sent it

 

so,basically,they're stuffed

 

hi thanks for your reply - should I still send the account in dispute letter tho?

[lickthewallfatboy]

would do no harm,as they know they haven't got a leg to stand on

[teed_off]

That was my train of thought as well... Thanks lickthewall..

[babybear39]

Aqua = HBOS

[teed_off]

I have now scanned the letter and hopefully it should be showing. I have reread and reread it and for the life of me cannot see if they hold the original signed agreement.. al they have done is sent in reconstituted terms and conditions - I also have a couple more questions

 

1: Aqua have sent a reconstituted agreement (supposedly) would that not be on one sheet with just the signature missing?

 

2: can an application form be counted as an agreement?

[lickthewallfatboy]

an application form is just that.....they would have had to have provided you with a compliant agreement as a follow up to your application for you to sign

[themagician]

hi thanks for your reply - should I still send the account in dispute letter tho?

putting the acc in despute means they shouldnt sell the acc on in the future,but they probably will !.

[twoman]

Hi T O,

I've exactley same letter from a DCA today ....word for word.

Perhaps the next step is to SAR them to see if there is any unfair charges that they applied to the account that you might be able to claim back to reduce the amount owing.

[harrassed senior]

If you do decide to send the in dispute letter, you could add the following:

 

Dear Sirs,

Thankyou for your template letter.

I am fully aware of the recent test case of RBS vs McGuffick, however to pre-empt any further attempt at confusion on your part I would point out that this referred to an agreement which was compliant but temporarily unavailable, therefore does not apply in my case.

Clearly you have chosen to abide by the Consumer Credit Act as minimally as is lawful, by providing a reconstituted agreement. While this may satisfy a CCA request, it is not enforceable in a court of law.

 

I now request you to confirn as to whether you actually hold a copy of the original signed agreement. If you do not hold an agreement, then I require you to confirm this, or if you do hold the original signed Agreement then I would ask for you to advise me in what form.

Certainly I can think of no valid reason why you should choose to provide a reconsituted version rather than simply photocopy the original-if it exists.

I would remind you that the OFT state that creditors should not imply or state that an enforceable agreement exists if that is not the case.

 

I look forward to receiving your response within 14 days.

[teed_off]

Thanks for that Harrassed senior much appreciated. I''l incorporate that into the letter of dispute.

 

Good idea as well to send a subject of access will do that on tomorrow.

 

Cheers guys and gals your all the tops and simply the best