Is This a Reconstituted Agreement as per Carey v Hbsc

[loring]

After trying for 18 months to get a CCA for a visa account from the card issuer I put the account in dispute. Within 2 weeks I received a letter and 3 attached pages claiming that as per Carey v HSBC this was my reconstituted agreement. I feel that this is not the case as I understand the information on the reconstructed agreement is taken directly from the original. I cannot find the posts which explain the case of Carey v Hsbc and would have thought it concerned the Visa Card contract not the Visa Card application form.

I would appreciate if I could get some comments/views from other posters so that I can reply to the letter.

My own comments are:

I do not understand the last paragraph in the letter.

Page 2 states it is an Application Form not the Agreement and has not got the correct address on the form when the application was made. It has an address I lived at 10 years later.

Page 3 has sections 4,5,6 and 7 at the top of the page, these sections also appear on page2. Also the date at the foot of the page 01/11/81 is not the date I would made the application.

The last page gives proscribed terms and other conditions and I have no idea as to which year they actually apply to

Any help appreciated

Loring

[harrassed senior]

Two points here, an Application Form is NOT an Agreement, and secondly, a reconstituted Agreement will satisfy your request under CCA rules, but it is NOT enforceable in Court, they still need to produce the original to enforce the Agreement.

 

Obviously, if you could remove all identifying information, then scan and post on this site what you have received, others will be able to comment.

 

Here is a paragraph I now suggest is included with every CCA Request, of course, yours was made before this case, but is still relevant now they have sent the recon.

 

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

[loring]

Hi Harrassed Senior

Thanks for getting back. I am having difficulties getting the attachments on this forumm I have copied them to photobucket and tried to attach them but iI cant read them. Where am I going wrong

Loring

[silverfox1961]

Hi,

If you go back to photobucket, hover your mouse pointer over the image you wish to copy over, a box should appear beneath it, click on the IMG link at the bottom and paste it to the forum. That should work.

 

fox