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CCA - is this complete from Virgin, or missing information.

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  • CCA - is this complete from Virgin, or missing information.

    Hello - I have had a CCA request back from Lowell who bought my Virgin Credit Card.

    I’ve been sent all the actual monthly statements, but for what I assume is supposed to be the CCA, just 2 x versions of the attached sheet (with different interest rates). This doesn’t feel like a full CCA, and is not as complete with T and Cs as the one Cabot sent me for a different card?

    Should I go back to Lowell and query this or in your opinion is this enough to meet the legal requirements of sections 77 and 78 of the Consumer Credit Act 1974? (I’ve also noticed in section 3.1 it’s quoting the incorrect APR, although this rate is on both sheets received in this section). All advice very much appreciated.
    Tags: None

  • #2
    Can you attach again rotating the right way.

    I'm not sure why you haven't posted on the original thread.

    Comment


    • #3
      I’ve also realised their cover letter (Lowell) only mentions section 77 and 78, although I used the standard National Debline letter when requesting the CCA, excerpt below:

      I understand that under the Consumer Credit Act 1974 (sections 77-79), I am entitled to receive a copy of any credit agreement and a statement of account when I request it. I enclose a payment of £1 which is the fee payable under the Consumer Credit Act 1974.


      Does this mean they have not fully complied and the debt is unenforceable?

      Any advice greatly appreciated.






      Last edited by Beth888; 7th April 2025, 10:48:AM.

      Comment


      • #4
        The agreement has probably been 'varied', so they've sent what they say are the 'variation' terms and conditions.

        Maybe the following might help you -

        https://lawzone.legal/when-is-a-cred...unenforceable/

        https://www.handbook.fca.org.uk/hand...te=2017-03-07#

        Comment


        • #5
          .
          Last edited by Beth888; 7th April 2025, 17:21:PM.

          Comment


          • #6
            Apologies, images now the correct way up. (Sorry, didn’t realise I should have posted under another thread I started on Cabot, will note that for any future queries). Have looked at the 2 links you have given, but would you say that the documents Lowell have supplied re: the Virgin card might be 2 x variation notices rather than the original Agreement? And if so, should I write to Lowell and ask them to send a full copy of the Agreement and until they do they haven’t complied with CCA 1974? Thank you.

            Comment


            • #7
              Sorry, not sure what’s happening with my uploads, I’m not very technical. I’ve posted new images and also a query at 5.20pm Monday, but on my iPad it’s showing in the middle of the thread and not at the bottom.

              Comment


              • #8
                Terms and Conditions run into multiple pages, so what you've uploaded isn't sufficient. I believe it doesn't comply with the CCA 1974. You requested it, they sent it, I'd be
                tempted to leave it and see what they do next

                Comment


                • #9
                  Many thanks echat11 - I’ll wait and see what they do next and then come back here. Really appreciate your advice.

                  Comment

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