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Lisa and CCA's


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Hi Lisa,

 

I can't help I'm afraid but have you tried sending a specific PM asking someone to respond?

 

Take a look through other postings and get the usernames of people that seem to know their stuff and PM them with a link to your thread asking them to take a look

 

Good luck,

 

BB

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Right an update! - Still no further on with OH hsbc cc cca (which is the one in court at the moment) but I also cca'd my own hsbc cc. They firstly sent back the usual 'phishing' letter asking for a copy of my sig - which i obviously refused.

Then today I got a this:

Thankyou for your recent correspondence.

'I regret that I am unable to provide you with a copy of the original application in respect of the account.

Section 78 (1) of the Consumer Credit Act 1974 requires us to provide a copy of the executed agreement if any. regulation 3 (2) of the Consumer Credit (cancellation Notices and Copies of Documents) Regulations 1983 allows that certain items maybe omitted from such copies, including the signature box and signature.

 

Therefore, the copy of the executed agreement we must supply is a copy but need not be a photocopy of the signed agreement. Regulation 7 of those regulations also requires us to provide a copy of the executed agreement, as varied, where there is a power to vary the terms of the agreement, which there is with your card agreement and that power has been exercised to vary the agreement, which again is the case with your agreement.

 

We have therefore enclosed an up to date copy of the terms and conditions applicable to your account, a copy of the latest variation notice issued in respect of your account and a blank copy of the agreement form.

 

The agreement form contains the original terms and conditions that you accepted when you entered into the agreement. Clause 6 gives the Bank the right to vary the terms and conditions. The variation notice shows that the terms have ben varied and therefore in accordance with this legislation the up to date terms and conditions are the appropriate information to produce.

 

I have returned your £1.00 fee as there is no charge for provision of the above details. Should you require any further information or assistance please telephone one of our representatives on .......

 

Now this card was taken out exactly the same time as OH's so i'm assuming they haven't got his either so that's why i'm very keen to stop this court claim of theirs before it's too late.

Many thanks for reading - and of course any advice very gratefully rec'd!

Lisax

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