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Replies From CCA Requests - Enforcable or Not?


TryingToGetEven
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I've 'done' about 5 CCA requests for a member of my family.

 

One's replied saying they're still trying to find all the documents - happy days!

 

But...the others have sent back copies of the signed application form and copies of the terms - albeit ones that seem to have been typed up to use in their replies, ie not the original ones.

 

Anyway, I've searched these forums and can't find listed exactly what makes something enforceable or not. Can anyone point me in the right direction please.

 

Only ask as I'd rather not scan everything in and then have to ask someone else to look at them on my behalf.

 

All help gratefully received.

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Rebel11,

 

Thanks for the reply have some reading to do then!

 

I also found - typically after saying I couldn't - this http://www.consumeractiongroup.co.uk/forum/showthread.php?162851-Consumer-Credit-Agreements-a-guide-to-enforceability

 

Is the OFT stuff you sent more accurate?

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It's dated October 2010, recent cases have clouded Unforceability issues. Carey v HSBC (2009) is fairly important, as Creditors can reconsitute agreements, but they must

tell you thats what they are doing. http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/QB/2009/3417.html

 

A summary at the bottom, point four is really important.

 

Rebel11,

 

Thanks for the reply have some reading to do then!

 

I also found - typically after saying I couldn't - this http://www.consumeractiongroup.co.uk/forum/showthread.php?162851-Consumer-Credit-Agreements-a-guide-to-enforceability

 

Is the OFT stuff you sent more accurate?

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Thanks again. Have looked at the point you mentioned::

 

If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms;

 

Now I'm probably being stupid but I don't understand what that means.

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Basically if the agreement has been 'Varied' by the Creditor, i.e. they have increased the interest rate, then the Creditor must supply the Original Agreement and the 'varied' Terms and Conditions at the date of request.

 

Creditors just love to increase interest rates.

 

Thanks again. Have looked at the point you mentioned::

 

If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms;

 

Now I'm probably being stupid but I don't understand what that means.

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Basically if the agreement has been 'Varied' by the Creditor, i.e. they have increased the interest rate, then the Creditor must supply the Original Agreement and the 'varied' Terms and Conditions at the date of request.

 

Creditors just love to increase interest rates.

 

Thanks again.

 

Have read what your wrote (above) and also the OFT document you gave the link for. Am I right in thinking that it's not sufficient for them to send the T&C's as they were when the agreement was signed and a copy of the latest T&C's? Ie, if something has changed, they have to explicitly state what was changed.

 

As I understand it that seems right and is backed up by Carey v HSBC.

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Sorry, one other thing popped into my mind once I'd posted.

 

Do they have to supply details on ALL variations that have taken place throughout the life of the agreement, eg interest rate going from 1 to 2 to 4 and not just that it's gone from 1 to 4?

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