What constitutes a cca request?

[snookerglen8]

hi there everyone, I recently requested a cca from opus, they have sent me just the terms and conditions. Nowhere on the document is my name and address or my signature, is this valid, cheers.

[BRIGADIER2JCS]

This will a reconstituted agreement that satisfies the section 77/78 CCA request.

They should send an explanation as to what it is.

[dadofholly]

They have failed to comply with your CCA request so send the account in dispute letter, as it fails to comply with a s.77/78 request.

[snookerglen8]

thxs for your replies gents but i'm still non the wiser. One says it's ok the other not ok.

[dadofholly]

thxs for your replies gents but i'm still non the wiser. One says it's ok the other not ok.

 

This says what they must do to comply - so i believe thay hav not - use your own judgement - but my view is send the in dispute letter. Have recentley had a court case were we cited a failure to comply with a CCA request as a defence.

S.78 request requirements.pdf

[casper1963]

Also how old and what kind of debt is it. I beleive if its pre 2007 they have to supply the original signed agreement and post 2007 all they need is a reconsituted but should still have all the relative bits and not just the terms and conditions hopefully someone will correct me if iam out on the dates

 

regards casper

[the_shadow]

What they've sent back doesnt meet the requirements as per Carey vs HSBC and reconstructed s78 requirements, it must contain your name and address at the time the debt was taken out. It does NOT have to contain your signature however.

 

As to pre-post 2007 agreements, they can send back reconstruction for ANY agreement however if they wish to take you to court, they would have a much harder time with no pre-2007 agreement although it is down to the defence of the claim and the judge in case IMHO.

 

S.