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Hi all
This may be a straightforward one for you all experts-
I had 2 accounts with O2 in 2014 &2015, both were CCA1974 agreements and both defaulted in 2016. They were sold to Arc who are chasing me for payment. I sent CCA request to both Arc and O2 in march. Arc hasn’t replied yet, but O2 replied with a data dump, writing the following:
“Unfortunately, we do not hold copies of the credit agreements for these accounts, but we have provided details of the orders and credit agreement details as recorded on our systems.”
I can also see from the data dump, that there’s a comment in there revealing that the DCA too has queried for the CCA recently (and been declined just like me, in the above case). O2 responded to Arc with the following: “These contracts have placed online. For your information, if customer take any contract online then we don’t provide a hard copy of agreement as customer agreed the terms and conditions online but we do send Welcome letter to inform customer about the tariff and other account details.”
Although the O2 accounts were credit agreements under the CCA1974, O2 do not provide hard copies at all, just several pages of T&C’s to sign online as part of the purchase process. Does this mean that:
a) since no physical / separate CCA copy ever existed, therefore the DCA need not provide this to the debtor?
b) therefore the debt can become enforceable by the DCA?
Thanks
This may be a straightforward one for you all experts-
I had 2 accounts with O2 in 2014 &2015, both were CCA1974 agreements and both defaulted in 2016. They were sold to Arc who are chasing me for payment. I sent CCA request to both Arc and O2 in march. Arc hasn’t replied yet, but O2 replied with a data dump, writing the following:
“Unfortunately, we do not hold copies of the credit agreements for these accounts, but we have provided details of the orders and credit agreement details as recorded on our systems.”
I can also see from the data dump, that there’s a comment in there revealing that the DCA too has queried for the CCA recently (and been declined just like me, in the above case). O2 responded to Arc with the following: “These contracts have placed online. For your information, if customer take any contract online then we don’t provide a hard copy of agreement as customer agreed the terms and conditions online but we do send Welcome letter to inform customer about the tariff and other account details.”
Although the O2 accounts were credit agreements under the CCA1974, O2 do not provide hard copies at all, just several pages of T&C’s to sign online as part of the purchase process. Does this mean that:
a) since no physical / separate CCA copy ever existed, therefore the DCA need not provide this to the debtor?
b) therefore the debt can become enforceable by the DCA?
Thanks
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