Style card - CCA compliant????

[fuzzybrain]

I received this little lot back from Style Card - but i don't think it is compliant - what are other's thoughts please?

[fuzzybrain]

Re: Style card - CCA compliant????

Sorry forgot to attach the files!!

[fuzzybrain]

Re: Style card - CCA compliant????

And the last one

[Curlyben]

Re: Style card - CCA compliant????

ROFLMAO

[fuzzybrain]

Re: Style card - CCA compliant????

Awwwwwwwwww, it's always nice to make some one laugh!!

Now i'm make style cry by sending off one of your lovely "get stuffed" letters to them!! Any ideas on which letter is the best one to send them???

[fuzzybrain]

Re: Style card - CCA compliant????

Have had a play and come up with this to send them - any thoughts????

Thank you for your letter of 22nd January 2009, the contents of which have been noted.

With regards to your recent reply to my request under section 77-79 of the Consumer Credit Act 1974. I note that you have replied to the above by sending a copy of an unsigned agreement, I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

To clarify:
On the 29th of December 2006 in response query Ian McCartney MP replied to a letter in his then role as minister for the department of Trade and Industry he stated this, “Mr Bardsley describes a situation in which he was sent a copy of a company’s standard Terms and Conditions when requesting a copy of a signed agreement form. Just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement”

This breach of the agreement can be demonstrated as follows;
As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.”

This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557. Before leaving section 180 there are two other sections that should be remembered these are:

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

And more importantly

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;
not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.
Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557. Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557. The regulations state:

(2) There may be omitted from any such copy- (a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations the reunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

It is quite clear what can be omitted from the copy document, what is being overlooked is the part highlighted, this again asserts that all other details of the agreement should presented in form and content as required by the regulations. The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions. It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated 6th January 200. Upon receipt of the original request the specified account legally entered into disputed status.

My request remains outstanding. The supplied documentation does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'.

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 days of a proper CCA request. You entered into a default on 21st January 2009. If you fail to comply after a further 30 days (20th February 2009) you commit an offence.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested.

I take this opportunity to remind you of the following:
Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this. The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

Therefore you I expect you to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future. Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered and will be considered harassment, which will not be tolerated and will be reported to Trading Standards as harassment.

I would appreciate your due diligence in this matte and I look forward to your reply.

I await your rapid response.

[Curlyben]

Re: Style card - CCA compliant????

Err nice idea, but not really appropriate in this case.
Try letter for non-compliance here: Legal Beagles #7

[fuzzybrain]

Re: Style card - CCA compliant????

I guess I did go a bit overboard and chick anythoign I could find into it!!

Is this the one i should send???

[FONT='Verdana','sans-serif']Re: my request under s78 of the Consumer Credit Act 1974.[/FONT]

[FONT='Verdana','sans-serif']
Thank you for your recent letter sent to me dated **DATE**, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated 6th January 2009 Upon receipt of the original request the specified account legally entered into disputed status.

My request remains outstanding. The supplied documentation does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'. The statements sent do not correspond to the amount stated in your earliest correspondence and therefore they do not satisfy the requirement to supply me with a statement of account.

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until **12 days DATE** to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).[/FONT]
[FONT='Verdana','sans-serif']
To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.[/FONT]
[FONT='Verdana','sans-serif']
The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.[/FONT]
[FONT='Verdana','sans-serif']
The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on 21st January 2009 [/FONT]
[FONT='Verdana','sans-serif'] [/FONT]
[FONT='Verdana','sans-serif']Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003. [/FONT]
[FONT='Verdana','sans-serif']
Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.[/FONT]
[FONT='Verdana','sans-serif']
I would appreciate your due diligence in this matter. I look forward to your reply.[/FONT]

[Curlyben]

Re: Style card - CCA compliant????

That's the one.
Best to copy into note pad first as it will remove the formatting, then you can do it yourself afterwards

[fuzzybrain]

Re: Style card - CCA compliant????

Great will do. Thanks for the help. Will let you know what they respond with!!

[Curlyben]

Re: Style card - CCA compliant????

They'll swear blind that they have complied

[fuzzybrain]

Re: Style card - CCA compliant????

So it's panto time - "oh yes we did", "oh non you didn't!!"

What's the next step after that - Raise a complaint with OFT and the FSA??? Is there a format for that or is it a case of drafting a letter and explaining why i am raising the complaint and the action I wish the said agency to take - i.e stop requestign payment and cease submitting any info to any credit referrance agency whilst they are unable to produce a compliant CCA??

Am i right in understadnign that the debt will not be written off and will remain on my credit file but all activity/info regarding the account will be suspended until such a time they can prove they have an enforceable CCA.

[Curlyben]

Re: Style card - CCA compliant????

Well we'll see what they have to say first

[fuzzybrain]

Re: Style card - CCA compliant????

Style have written back and have said:

Any requesty for a copu of an excuted agreement under s78(1) states that the company must meet it's statuary requiremnemtns by providing a "true copy" of the agreement relevant to the card product at the date of the card agreement was made and providing that plus a copy of the current terms of the card product. tehse copies should be accompained by the statement of finanical information relating to the account.

Thje provision of the "true copy" in this form is made in reliance of Regulations 3(2) and 7(1) (b) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. particularly 3(2) which permits the copy agreement not to show the signatures or personal details that may have appeared on the application part of the document. There is no statutory requirement under the Act for us to ever give a copy to a customer with a suignature on it.

As we have supplied a copy of the credit agreement that you agreed to upin receipt of your credit card and signed it, copy of the orginal and current terms and conditions of that card product, with the prescired terms, a most recent statement showing the outstanding balance and advised you who you must contact to discuss amounts due and owing, and future payemnts that must be paid. We have therefore met our obligations under s78(1) to provide a copy of that excuted agreement and again we are statisifed that what was provided complied with the Regulations expressly made for controlling what is a "true copy"

I suggest thatr you take advice from your local CAB or other similar organisations if you continue to doubt the veracity of what we have told you about having complied with our obligations under S78(1)

I must therefore inform you that we see no reason to enter into further correspondence with you about the alledged CCA breaches you lay at our door. if you are not satisified with this response, you may seek whatever legal adress touy7 consider is open to you.

We do not consider this accoutn to be in dispure or void and your indebtedness on this accout remains due and payable and we will pursing for the full payment. Any non payemtn of the account will be recorded on your credit file as will a defualt if non payemnt of the account continues thereafter.


What is my next step of action - I have already sent thenon complaint CCA letter, do I send it again???

[Curlyben]

Re: Style card - CCA compliant????

see #11