CCA compliance

[stressedoutmum!]

Can anyone give me some advice on what needs to be included in a CCA from a lender? I have received a response to a request but I can't see anything specifically pertaining to my account on the agreement they have sent me? It seems to be a standard t&cs form with no information on interest rates at the time of the agreement. I thought this had to be included?

[Boltmaker]

Hello stressedoutmum,

 

 

I believe a CCA request should include a true copy of your agreement, the T&Cs at the time of inception, any changes along the way, and at the end if the account is closed. Someone more in the know I am sure will soon be along to give more informative advice, but to help with that will more than likely need to know who your request was to and whether a CC or loan or catalogue. For xample if it is for anything from Barclaycard I know from personal experience you never get more than T&C's and maybe a copy application form.

[Bazooka Boo]

What is the agreement for? Loan, credit card?

When was it taken out?

 

Who supplied the CCA?

[stressedoutmum!]

Thanks for your reply! It is actually Barclaycard for a credit card agreement

[stressedoutmum!]

The CCA came directly from them

[havinastella]

What are you trying to establish?

[stressedoutmum!]

And was taken out around 2003/2004

[stressedoutmum!]

I am trying to establish whether or not they have complied with my CCA request...

[havinastella]

Yes and No.

 

In the good old days, they needed to supply a copy of the 'real' agreement. Somehow this changed to provide a true copy of what it would look like.

 

Any agreement dated pre April 2007 would need the ORIGINAL for the creditor to take court action (supposedly)

[stressedoutmum!]

Should it include specific details of my agreement? There is nothing on it to indicate that it is specific to my account, more of a general t&c letter

[Boltmaker]

Barclaycard supplied me with T&C's and a copy of a recon agreement with no dates. I understand that due to the age of alleged account a true copy of an agreement would be necessary to take any further legal action

[stressedoutmum!]

But can anyone advise what details should be on a CCA in order for it to satisfy my request? They have advised that it is a reconstituted agreement and I understand that that is enough to satisfy the request but I am trying to determine whether all the relevant information has been provided. Thanks

[SWLABR9]

I'm copying and pasting here;

"A S78 Request must contain

A copy of the original agreement or if not available a copy of what the agreement would have looked like

A copy of terms and conditions at the time the debt was taken out

A copy of terms and conditions at default/current

A signed statement of account i.e amount owed and state of the account, not a list of all transaction

Any other documents referred to in the agreement . (For example if they refer to subsection 4 clause 5 they must include the document that contains subsection 4 clause 5)

 

All that would satisfy a S78 request however if the agreement is not properly executed then it becomes unenforceable . (For agreements taken out prior to April 2007)"

I couldn't say myself what a properly executed agreement is yet though, getting there

[stressedoutmum!]

I'm copying and pasting here;

"A S78 Request must contain

A copy of the original agreement or if not available a copy of what the agreement would have looked like

A copy of terms and conditions at the time the debt was taken out

A copy of terms and conditions at default/current

A signed statement of account i.e amount owed and state of the account, not a list of all transaction

Any other documents referred to in the agreement . (For example if they refer to subsection 4 clause 5 they must include the document that contains subsection 4 clause 5)

 

All that would satisfy a S78 request however if the agreement is not properly executed then it becomes unenforceable . (For agreements taken out prior to April 2007)"

I couldn't say myself what a properly executed agreement is yet though, getting there

 

That's great, thank you

[Boltmaker]

Sec 78 request must contain:-

Name and address at time of inception

credit limit or how this will be decided

rate of interest payable

payments schedule

terms & conditions at time of inception and any changes since

These conditions can be satisfied by a recon agreement that is similar to an original where an original is no longer available

but if prior to 2006 agreement (I believe) a signature and copy of the original agreement is required to take legal action in case of default, eg non payment. But the OC is free to pursue you by other means (not court action) to recover the debt.